AGO OAG 18-1
No. OAG 18-001
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of the Attorney General
January 22, 2018
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.
by: Michael Huffman, Mt. Washington Fire Protection
by: Taylor Payne, Assistant Attorney General
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.
construed: Section 165 of the Kentucky Constitution; KRS
61.080; KRS 75.031; KRS 74.020
cited: OAG 77-8; OAG 82-304; OAG 73-711; OAG 78-651; OAG
OPINION OF THE ATTORNEY GENERAL
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.
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)).
Kentucky Constitution prohibits a person from being a state
officer "and an officer of any county, city, town or
other municipality, or an employee...