Request By:
Mr. Bill Klapheke
Barren County Attorney
Courthouse
Glasgow, Kentucky 42141
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of October 15, 1980, in which you raise the following questions:
"(1) May an employee of the Barren-Metcalfe County Ambulance Service, which is comprised of the two named counties as well as the county seats of Glasgow and Edmonton, run for the elective office of coroner while still employed?
"(2) If this employee is elected, may he continue to serve as an employee while performing his duties as coroner?"
The office of coroner is, of course, a county office pursuant to Section 99 of the Constitution and related statutes. At the same time employment with the Barren-Metcalfe County Ambulance Service would be a form of county employment. There is no constitutional or statutory incompatiblity where a person holds a county office and county employment at the same time. See Section 165 of the Constitution and KRS 61.080. In any event, no conflict would exist until the individual assumes an office or position of employment incompatible with the first position held. See KRS 61.090.
Although there is no conflict of interest or incompatibility under the constitution and statutes, there may, of course, exist a common law incompatibility; however, this is a question of fact that only the courts can determine.