OAG 84-171

Request By:

Mr. James Hite Hays
Shelby County Attorney
501 Main Street
Courthouse
Shelbyville, Kentucky 40065

Opinion

Opinion By: David L. Armstrong, Attorney General

In connection with OAG 84-31, written to you, question no. 2 was whether a sheriff can appoint elected constables as deputies while the constables are still serving as constables.

While KRS 61.080 does not prohibit the holding of two county offices at the same time, KRS 61.080(2) explicitly provides in part that the offices of deputy sheriff and constable are incompatible. See OAG 73-834 and 73-836, copies enclosed, on that point. OAG 84-31 is modified accordingly.

LLM Summary
In OAG 84-171, the Attorney General clarifies and modifies a previous opinion (OAG 84-31) regarding whether a sheriff can appoint elected constables as deputies while they are still serving as constables. The decision states that according to KRS 61.080(2), the offices of deputy sheriff and constable are incompatible, thus modifying the earlier opinion. It also cites OAG 73-834 to support this interpretation.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1984 Ky. AG LEXIS 213
Cites:
Cites (Untracked):
  • OAG 73-834
Forward Citations:
Cited By 1 Record(s)
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