(A) Pursuant to Section 165 of the Kentucky Constitution, no officer or employee of the city may also be a state officer, deputy state officer, or member of the General Assembly, or may fill more than one (1) municipal office at the same time, whether in the same or a different city.
(B) Pursuant to KRS 61.080, no city officer may also hold a county office. In addition, the statute also states that the following city and consolidated local government offices are incompatible with any other public office:
(1) A member of the legislative body of a city of the first class;
(2) The mayor and a member of the legislative council of a consolidated local government; and
(3) The mayor and a member of the legislative body of a city of the home rule class.
(C) In addition to the constitution and statutory provisions, there are common law incompatibilities defined by the courts. City offices and employment positions are deemed incompatible when one (1) office or employment position is inherently inconsistent in function with the other. This incompatibility occurs when there arises an implication that the duties and responsibilities of both cannot be performed at the same time with a necessary degree of impartiality and honesty.
(D) KRS 61.090 provides that the acceptance of an incompatible office operates to vacate the first office.
(Ord. 2022-11, passed 11-7-22)