Request By:
Mr. Ralph O'Quinn
Garrett School
Garrett, Kentucky 41630
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of recent date in which you relate that you are presently the principal at the Garrett Elementary School in the Floyd County School System but are interested in becoming a candidate for the office of magistrate. If elected, you raise the question as to whether or not you could retain your position as school principal and at the same time serve as magistrate of the same district.
The position of school principal is a form of state employment as held in a number of cases, among them being Board of Trustees of Fairview Graded Common School District v. Renfroe, 259 Ky. 644, 83 S.W.2d 27 (1935). The position of magistrate is of course a county office pursuant to § 99 of the Constitution.
Section 165 of the Constitution and KRS 61.080 prohibit a state officer or deputy state officer from holding a county office, however, there is no provision prohibiting a state employe who is not under the state merit system from becoming a candidate for a county office and serving as such at the same time he holds his state position.
Of course, there is always a possibility of a common law conflict where the individual cannot perform the duties of both offices with care and ability. However, this is a question of fact for the courts to decide. See Hermann v. Lampe, 175 Ky. 109, 194 S.W. 122 (1917).