Request By:
Mr. James H. Fallin
Hancock County Judge Executive
Courthouse
Hawesville, Kentucky 42348
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have written that you would like to appoint your long standing secretary as your deputy county judge executive.
KRS 67.711 reads:
Notwithstanding the provisions of KRS 67.710(7) the county judge/executive of any county may appoint a deputy who shall serve at his pleasure. Such deputy may exercise all administrative powers, duties, and responsibilities of that office, and may assume such other responsibilities as shall be prescribed in the administrative code of the county, except that the deputy county judge/executive shall not act for the county judge/executive as a member or presiding officer of the fiscal court.
Such deputy may exercise any of the administrative powers or duties of the office of county judge executive, except for sitting on fiscal court.
This combination of secretary and deputy county judge executive does not fall within any of the prohibited combinations of KRS 61.080 (incompatible offices).
The function of "secretary" does not involve an "office". See the five requisite elements of a "public office" in Howard v. Saylor, 305 Ky. 504, 204 S.W.2d 815 (1947).
We conclude that we find no legal impediment in connection with your proposed appointment of your secretary as your deputy county judge executive.