Request By:
Mr. Richard S. Nelson
Attorney at Law
11 West Sixth Street
P.O. Box 1209
Covington, Kentucky 41012-1209
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
In representing Thomas Jacquillard, a police officer with the Kenton County Police Department, you seek our opinion as to whether or not his performing certain off-duty work is a violation of KRS 61.310.
You described his off-duty work as follows:
"Some time ago the Kenton County Fiscal Court advertised for bids for the furnishing of repair service for certain radio equipment. Officer Jacquillard, during his off-duty time, owns and operates a radio repair service and he submitted a sealed bid to perform the requested work. His bid was accepted as the lowest and best bid. "
KRS 61.310(2) and (4) read:
"(2) No peace officer shall receive any compensation or remuneration, directly or indirectly, from any person for the performance of any service or duty except that he may be compensated for employment authorized by subsection (4) of this section. Any peace officer who violates this subsection may be removed from office, under the provisions of KRS 63.170.
* * *
"(4) A peace officer may, while in office, and during hours other than regular or scheduled duty hours, act in any private employment as guard or watchman or in any other similar or private employment. However, he may not participate directly or indirectly, in any labor dispute during his off-duty hours. Any peace officer who violates this subsection may be removed from office, under the provisions of KRS 63.170."
Clearly, the county policeman is a peace officer, as mentioned in KRS 61.310(1) and KRS 446.010(24), defining "peace officer" , and which includes "policemen" . See
City of Lexington v. Rennick, 105 Ky. 779, 49 S.W. 787 (1899). See also KRS 70.540.
We assume from your letter that the repair of county radio equipment is not a part of the policeman's duties with the county police.
Note the wording of KRS 95.015, relating to city police off-duty work:
"Members of the police and fire departments in cities and urban-county governments shall abide by and adhere to the rules, regulations and laws set forth by the Kentucky Revised Statutes, and the legislative body of the city in which they are employed, provided, that no such rule, regulation or law shall apply that alters, abridges or otherwise restricts the constitutional rights of said members and said members, except when on duty, shall not be restrained from exercising their rights and privileges or from entering into any endeavor enjoyed by all other citizens of the city in which they reside."
While KRS 95.015 relates to city policemen, the legislative policy permits all nonelected peace officers to seek and obtain outside employment during their off hours without restrictions or limitations being imposed by local governments.
It is our opinion that KRS 61.310, as supported by the policy expressed in KRS 95.015, permits the county police officer to serve in private employment or in his own private business endeavor, provided that it is after regular hours and so long as it does not interfere with the performance of his regular duties as a county policeman. See
Arms & Short v. Denton, 212 Ky. 43, 278 S.W. 158 (1925).
The outside work is also subject to the common law principle that a public officer cannot use his office for personal profit. See