Daniel Cameron Attorney General
AGO OAG 22-02
No. OAG 22-02
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
February 2, 2022
Daniel
Cameron Attorney General
Subject:
Whether service as a Parkway Village Commissioner is
incompatible with service as a director on a waste management
district board established under KRS Chapter 109.
Requested
by: Bonnie Jung Mayor, Douglass Hills
Written
by: Jeremy J. Sylvester Assistant Attorney General
Syllabus:
Because there is no common law, statutory, or constitutional
prohibition, service as a Parkway Village Commissioner is not
incompatible with service as a director on a waste management
district board established under KRS Chapter 109.
Opinion
of the Attorney General
Douglass
Hills Mayor Bonnie Jung, asks whether service as a Parkway
Village Commissioner is incompatible with service as a
director on the Waste Management District 109 Board. For the
reasons below, it is the Attorney General’s opinion
that, under the facts presented here, service as a Parkway
Village Commissioner is not incompatible with simultaneous
service as a director on a waste management district board
established under KRS Chapter 109.
Background.
Parkway Village is a home-rule city in Jefferson County,
Kentucky. According to Parkway Village’s Code of
Ordinances,1 the city is governed under the commission
plan found in KRS 83A.140. Parkway Village Code of Ordinances
§ 30.01. As such, Parkway Village has a legislative body
composed of a mayor and four commissioners. Id. at
§ 30.02. Each commissioner is elected at large by the
voters of the city at a regular election. Id. at
§ 32.01(A). A Parkway Village commissioner therefore
holds a municipal office.
A waste
management district may be created by “[a] single
county, or two (2) or more counties . . . in accordance with
the procedures of KRS 65.182.” KRS 109.115(1). Here,
the Jefferson County Fiscal Court adopted a waste management
district in December 1990. Louisville/Jefferson Cnty.
Metro Gov’t Waste Mgmt. Dist. v...
