The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied: The specific nature of the contract transaction and the nature of the or interest in the contract are publicly officer’s employee’s disclosed at a meeting of the governing body of the city or city agency. The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed. A finding is made by the governing body of the city or city agency that the contract with the officer or the employee is in the best interests of the public and the city or city agency before the contract is executed. The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed. Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city. COMMENT SECTION 7: Sections 165 and 237 of the Kentucky Constitution and KRS 61.080 establish specific prohibitions against holding incompatible offices. In addition to the specific offices made incompatible by the cited laws, instances of incompatibility may also arise under the common law. 114 S.W.2d 511, 514 (Ky. Knuckles v. Board of Education of Bell County, 1938). KRS 61.090 provides that the acceptance of an incompatible office operates to vacate the first office. Actually, entering upon the duties of the second office constitutes "acceptance" of the office. 268 S.W.2d 930, 932 (Ky. 1954). See Chapter 7 of the 2015 Adams v. Commonwealth, City Officials Legal Handbook for more information on what is an incompatible office. SECTION 7. Incompatible Offices. 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. 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:
The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied: The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency. The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed. A finding is made by the governing body of the city or city agency that the contract with the officer or the employee is in the best interests of the public and the city or city agency before the contract is executed. The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed. Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city. COMMENT SECTION 7: Sections 165 and 237 of the Kentucky Constitution and KRS 61.080 establish specific prohibitions against holding incompatible offices. In addition to the specific offices made incompatible by the cited laws, instances of incompatibility may also arise under the common law. Knuckles v. Board of Education of Bell County, 114 S.W.2d 511, 514 (Ky. 1938). KRS 61.090 provides that the acceptance of an incompatible office operates to vacate the first office. Actually, entering upon the duties of the second office constitutes "acceptance" of the office. Adams v. Commonwealth, 268 S.W.2d 930, 932 (Ky. 1954). See Chapter 7 of the 2015 City Officials Legal Handbook for more information on what is an incompatible office. SECTION 7. Incompatible Offices. 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. 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: