Request By:
Mr. Tom Watkins
Raceland Police Department
Raceland, Kentucky 41169
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 27 in which you, as a police officer in a city of the fifth class, desire to know whether or not you can hold a party precinct chairmanship position of the political party with which you are affiliated. You relate further that the police department is not covered by civil service.
KRS 95.710, dealing with the qualifications for members of the police department in cities of the fifth class, provides that after appointment no member shall interfere in any election. This provision of the statute has been construed in the case of Strong v. Peters, 270 Ky. 323, 109 S.W.2d 793 (1937), to the effect that it was designed to prevent police officers from engaging in political activities though it did not prevent such officer from becoming a candidate for another office.
However, in 1978 the legislature enacted KRS 95.017 which provides that uniformed employees of the city and county police department, while off duty and out of uniform, shall be entitled to:
"(a) Place political bumper stickers on their privately owned vehicles;
(b) Wear political buttons;
(c) Contribute money to political parties, political candidates and political groups of their choice;
(d) Work at the polls on election day;
(e) Aid in registration or purgation of voters;
(f) Become members of political groups; and
(g) Hold office in political groups and carry out the mandates of that group." (Emphasis added).
In view of the fact that KRS 95.017(g) permits a police officer to hold office in political groups and carry out the mandate of that group, it clearly indicates that you as a police officer of the city of Raceland, could hold a party precinct chairmanship of a political party and perform whatever duties are required of that office during off duty hours. See also OAG 78-524 (copy attached).