(A) Pursuant to § 165 of the state’s 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 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) Member of the legislative body of cities of the first class;
(2) Mayor and member of the legislative body in cities of the home rule class; and
(3) Mayor and member of the legislative council of a consolidated local government.
(C) (1) In addition to the Constitution and statutory provisions, there are common law incompatibilities that are defined by the courts.
(2) City officers and employment positions are deemed incompatible when one office or position of employment was inherently inconsistent in function with the other 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. 2015-01, passed 5-11-2015) Penalty, see § 33.999