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Incompatible Offices

The Kentucky Constitution and Revised Statutes both have protections for the integrity of government operations by means of banning officers from holding certain multiple offices simultaneously.  While a city official can hold more than one job, there are certain city positions which he cannot hold in addition to his primary one.  This also pertains to governmental units (city, county, state or any combination) outside of the primary unit of employment so that, for example, an individual cannot be both a council member and a member of the General Assembly or mayor of a different town.

 

Common law incompatibility is less clear in its definition, though it involves two offices in which one has oversight or review privileges over the other.  For example, one could not be on both the planning and zoning commission and the city council, as the former is subject to the latter.

 

Typically, when an individual accepts an incompatible office, by default he resigns his former office for the acceptance of the new one.  The definition of "office" is laid out in several statutes and Kentucky Attorney General opinions in order to clarify what offices can and cannot be held simultaneously.

 

 

Resources

Contact Us
  • Want to know what constitutes incompatibility of office?  Contact Chris Johnson.
  • Want to request training on incompatible offices or conflicts of interest?  Contact Jessica Miller.
If you would like to suggest an addition to the topic list or suggest a correction, please contact Joseph Coleman.