Huffman, 012218 KYAGO, AGO OAG 18-1

Docket Nº:AGO OAG 18-1
Case Date:January 22, 2018
Court:Kentucky
 
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Michael Huffman
AGO OAG 18-1
No. OAG 18-001
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
January 22, 2018
         Subject: Whether a person may simultaneously hold the offices of a trustee of a fire protection district board and a member of the fiscal court that are located in the same county.          Requested by: Michael Huffman, Mt. Washington Fire Protection District, Trustee          Written by: Taylor Payne, Assistant Attorney General          Syllabus: The offices of a trustee of a fire protection district board and a member of the fiscal court that are located in the same county are incompatible at common law.          Statutes construed: Section 165 of the Kentucky Constitution; KRS 61.080; KRS 75.031; KRS 74.020          OAGs cited: OAG 77-8; OAG 82-304; OAG 73-711; OAG 78-651; OAG 77-712           OPINION OF THE ATTORNEY GENERAL          Michael Huffman, a trustee of the Mount Washington Fire Protection District (the "District"), has requested an opinion as to whether a person may simultaneously hold the offices of a trustee of the District and a member of the Bullitt County Fiscal Court (the "Fiscal Court"). We advise that the offices of a trustee of the District and member of the Fiscal Court are incompatible at common law.          Kentucky law does not permit the same person to occupy two incompatible offices at the same time. LaGrange City Council v. Hall Bros. Co. of Oldham Count/, Inc., 3 S.W.3d 765, 769 (Ky. App. 1999) (citation omitted). Offices may be incompatible if so declared by the Kentucky Constitution or legislative enactment. Id. Offices may also be incompatible at common law "when the two offices are inherently inconsistent or repugnant, or when the occupancy of the two offices is detrimental to the public interest." Id. (citing Volley v. Fortenberry, 105 S.W.2d 143, 144-45 (Ky. 1937); Barkley v. Stockdell, 66 S.W.2d 43,44 (Ky. 1933)).          The Kentucky Constitution prohibits a person from being a state officer "and an officer of any county, city, town or other municipality, or an employee...

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