Request By:
Ms. Mary Ann Comer
Box 334
111 South 3rd Street
Bardstown, Kentucky 40004
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Asst. Deputy Attorney General
You are presently a Deputy Circuit Clerk in Nelson County. You are a candidate for the office of Nelson County Circuit Clerk.
Question No. 1:
"What limitation or restrictions, if any, exist by law or regulation with respect to deputies and employees in the circuit clerk's office, both those who are and are not candidates, as far as personal involvement in a campaign. "
The Circuit Clerk and Deputies take an oath under KRS 30A.020 to well and truly disharge the duties of the office of Circuit Clerk. That is the keynote of the principle involved here. This simply means that a Deputy Clerk running for an elective office must run on the Deputy's own private time. The campaign on the part of the Deputy and any friends in the office must carefully avoid bringing the campaign into the office.
The memorandum of the Administrative Office of the Courts, Charles D. Cole, Director, reads:
"As we enter the political season, it is essential that each deputy clerk who is running or plans to run for a partisan political office is mindful that there must be a clear separation between their campaign and the faithful performance of their duties as a deputy clerk. This must include:
(1) No campaigning in the office;
(2) No campaigning on state time;
(3) No unauthorized absences from work for campaigning. Compensatory time or annual leave must be taken for all campaign related absences. Such leave must be requested of the circuit clerk who will act upon each request in accord with the usual practice, that is, request for leave will ordinarily be granted if the work of the office will not be impaired thereby; and
(4) Leave without pay for campaigning will not be authorized."
It is our opinion that the memorandum of A.O.C. is indeed in proper implementation of the statutory principle mentioned above. See also KRS 27A.050. KRS 30A.010 (2) expressly provides that as personnel within the Court of Justice, Clerks are state officers whose duties are coextensive with the Commonwealth, and who are subject to the administrative control of the Chief Justice. Under KRS 27A.050, the Administrative Office of the Courts is created to serve as the staff for the Chief Justice in executing the policies and programs of the Court of Justice.
Question No. 2:
"What employment protections do deputy clerks and employees have, if any, when a new Clerk is elected. "
KRS 30A.050 reads:
"(1) The number and qualifications of deputy clerks and other employes in the office of each clerk shall be determined by the administrative office of the courts after consultation with the clerk concerned. All deputies and employes of the clerk's office shall be employes of the Commonwealth.
(2) Deputy circuit clerks, authorized by and under the direction of the circuit clerk, shall have full power to perform such duties as may be performed by the circuit clerk; and any act of a deputy clerk is entitled to the same faith and credit as that of the clerk.
(3) Deputy clerks and all other employes in the office of the clerk shall be compensated according to the pay schedule established by the judicial personnel system.
(4) The clerk may employ and dismiss such deputies and other employes."
Under KRS 30A.050, the number and qualifications of Deputy Clerks and other employees in the Circuit Clerk's office are determined by A.O.C., after consultation with the Clerk concerned. Pursuant to KRS 30A.050(4), the particular Circuit Clerk actually makes the appointments to fill the Deputy and other office positions.
Question No. 3:
"Is there any law or regulation that would prohibit a newly elected Clerk from relieving any deputy clerk or employee of their duties, with or without cause, and employing replacement deputies or employees."
We can find no merit system for Circuit Clerk staff personnel. Thus the hiring or releasing of Deputies and other staff personnel is left up to the Circuit Clerk. In other words, the Deputies and other staff personnel are appointed by the Circuit Clerk at the Clerk's will. They can be discharged by the Clerk for no reason at all, simply because the legislature has not imposed the condition of "discharge for cause."
Question No. 4:
"Is there any law or regulation that would prohibit the activities referred to in the AOC memorandum. If so, please advise of applicable provisions."
We answered that under question no. 1. KRS 30A.020 requires implicitly that no private business of this kind (campaigning for office) shall in any way interfere with or intrude upon the performance of the statutory duties of the office of Circuit Clerk. The memo reflects policies of the Court of Justice, as an implementation of statutory law.
A public office is a public trust. Private matters, such as running for office, must not interfere with the carrying out of that public trust. City of Middlesboro v. Kentucky Utilities Co., 284 Ky. 833, 146 S.W.2d 48 (1940) 52.