Request By:
Mr. Dennis C. Thomas
Executive Director
Housing Authority of Burkesville
P.O. Box 68
155 Sunset Drive
Burkesville, Kentucky 42717
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 23 in which you relate the following facts and question:
"I am a full time employee of the Housing Authority of Burkesville, Ky. I have been approached by one of the candidates seeking the Governorship of Kentucky to serve as his campaign manager or on his staff for the May Primary, 1979. Would this be in conflict with State Law governing housing authority employees? . . ."
In response to your question, the only statutes under the Municipal Housing Act regulating the activities of employees are KRS 80.070 and KRS 80.080. The former statute authorized the city legislative body to declare whether or not an employee shall devote his entire time to his duties as an employee of the authority. At the same time, the latter statute prohibits employees from being interested in any project or contract involving the housing project.
Thus, as far as being a full time employee of the housing authority, which is an independent agency, we see no reason why you could not at the same time serve as campaign manager for a candidate in the May primary during your off duty hours. The provision authorizing the city to require an employee to devote his entire time to the duties of the of the authority doesn't include off duty time in our opinion.
We might add that there would be no incompatibility under § 165 of the Constitution and KRS 61.080, as these statutes relate to incompatible offices, and the position of campaign manager is not an office under either section.