Request By:
Mr. James D. Paitsel, Jr.
Fulton County Attorney
Courthouse
Hickman, Kentucky 42050
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter concerns conflicts of interest relating to public functions. It reads:
"The county court clerk has requested your opinion as to the legality of the county road foreman also being appointed as county building inspector.
"He has also requested an opinion as to whether or not the county judge/executive's secretary may also hold positions as finance office, deputy county judge/executive as well as secretary. "
Concerning a building inspector, see KRS 67.380, 67.410; and
Daugherty v. City of Lexington, Ky., 249 S.W.2d 755 (1952). KRS 67.380 authorizes the fiscal court to regulate building construction. Under KRS 67.410, the fiscal court appoints a qualified and competent person to administer such regulations. The appointment of a county road supervisor is covered in KRS 179.020.
Those two jobs involve two county offices. See
Howard v. Saylor, 305 Ky. 504, 204 S.W.2d 815 (1947) 817, concerning the five requisite elements of a public office. KRS 61.080 does not prohibit the holding of two county offices at the same time. However, it is possible that a common law incompatibility might exist. In
Hermann v. Lampe, 175 Ky. 109, 194 S.W. 122 (1917) 126, it was pointed out that where it is physically impossible for one holding one office to perform the duties of another office, such offices are incompatible. You and the fiscal court would have to determine factually whether or not the road supervisor can perform both jobs with care and ability. In plain words, the fiscal court must determine whether or not the road supervisor can perform both jobs in the manner required by the statutes.
In connection with the county judge's secretary being the finance officer and deputy county judge executive at the same time, KRS 61.080 does not prohibit the holding of two county offices at the same time. The role of secretary does not involve a "public office" . KRS 67.711 provides that the deputy county judge executive may assume other responsibilities as shall be prescribed in the administrative code of the county. See KRS 68.005. This triple function is not prohibited by KRS 61.080. However, the triple function would be subject to the common law rule which prohibits holding more than one office where the other office and the additional work will not permit the proper performance of all the jobs. See Hermann v. Lampe, above.