Title VIII, Offices and Officers

All officers other than those mentioned in KRS 61.020 may enter upon the discharge of the duties of their offices at the time prescribed by the Constitution or the statute creating the office, upon taking the oath and executing the bond required by law.

Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

If any officer or deputy holding any office or post mentioned in KRS 61.010 is convicted of bribery, forgery, perjury or any felony, by a court of record in or out of this state, his office or post shall be vacated by such conviction, and if a pardon is afterward granted to him i…

All judgments rendered or acts done by such person, by authority or color of his office, before his removal or such conviction, are valid.

No fact officially stated by an officer in respect of a matter about which he is by law required to make a statement in writing, either in the form of a certificate, return or otherwise, shall be called in question, except in a direct proceeding against the officer or his suretie…

board or commission member. A person may serve as a member of the General Assembly or may be a candidate for election to the General Assembly and at the same time be a member of a state administrative board or commission. Such membership shall not constitute a conflict of interes…

(1) No person shall, at the same time, be a state officer, a deputy state officer, or a member of the General Assembly, and an officer of any county, city, consolidated local government, or other municipality, or an employee thereof. (2) The offices of justice of the peace, count…

The acceptance by one (1) in office of another office or employment incompatible with the one (1) he holds shall operate to vacate the first.

contracts for solid waste management facilities -- Effect on contract -- Penalties. (1) No elected or nonelected local government officer or employee or a spouse of such an officer or employee shall, directly or indirectly, receive any benefits or emoluments from, furnish any mat…

(1) No county clerk or circuit clerk shall maintain a law partnership or association with an attorney-at-law. (2) No circuit clerk, county clerk, justice of the peace, constable, or recorder shall keep his office with that of an attorney-at-law.

Any person convicted of sending, accepting or knowingly carrying a challenge, for the purpose described in KRS 437.030, shall forfeit any office of honor or profit held by him at the time he committed the offense, or when convicted thereof, and shall thereafter be disqualified to…

As used in KRS 61.102 and 61.103, unless the context requires otherwise: (1) "Employee" means a person in the service of the Commonwealth of Kentucky, or any of its political subdivisions, who is under contract of hire, express or implied, oral or written, where the Commonwealth,…

prohibited -- Construction of statute. (1) No employer shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence, in any manner whatsoever, which tends to discourage, restrain, depress, dissuade, deter, prevent, interfere wi…

employee authorized -- Evidence. As used in this section, unless the context otherwise requires: (1) (a) "Disclosure" means a person acting on his own behalf, or on behalf of another, who reported or is about to report, either verbally or in writing, any matter set forth in KRS 6…

involving conduct relating to the transition between officials -- Definitions for section -- Exception in case of perjury. (1) As used in this section: (a) "Executive branch official" means all major management personnel of the Office of the Governor, Office of the Lieutenant Gov…

State officers who are required, in the discharge of their duties, to remain at the state capital more than three (3) months in each year, may, with their families, temporarily reside at the state capital for any space of time during the term for which they were elected or appoin…

(1) If any officer paid in whole or in part out of the State Treasury or by any county fails or neglects to perform his duties, without a good excuse set out in full by his affidavit and certified by order of court to the Finance and Administration Cabinet or other paying officer…

attorney -- How deducted. The county judge/executive shall, by an order entered of record, enforce the provisions of KRS 61.120 as against county attorneys, and the fiscal court shall enforce its provisions as against the county judge/executive. The Circuit Judge shall enforce it…

The Speaker of the House of Representatives and the President of the Senate shall direct the clerk of the House or Senate, as the case may be, to certify to the Finance and Administration Cabinet the number of days each member of the branch of the General Assembly over which he p…

Public offices in counties containing a city of any class may close any one (1) full day of any week, or any two (2) half days Monday through Saturday of any week.

postsecondary education institutions. (1) Except as otherwise specified for the Capitol and Capitol Annex in KRS 61.167, a policy for smoking in governmental office buildings or workplaces shall be adopted by state government. This policy shall apply to all state-owned or state-o…

area" defined -- Each branch may designate smoking areas -- Requirements for smoking area. (1) As of July 13, 2004, there shall be no smoking in public areas of the Capitol or Capitol Annex, except as permitted in subsection (2) of this section. For purposes of this section, "pub…

retention, and availability for viewing governed by KRS 61.870 to 61.884 and 171.410 to 171.740 -- Exceptions. (1) As used in this section: (a) "Body-worn camera" means a video or audio electronic recording device that is carried by or worn on the body of a public safety officer.…

recording incident -- Right to view copy of recording -- Limitations -- Sanctions. (1) Subject to the provisions of KRS 61.870 to 61.884 and the following requirements, a copy of a recording that may be viewed under KRS 61.168(5)(d) shall, upon request, be made for and provided t…

(1) County judges/executive, justices of the peace, sheriffs, coroners, surveyors, jailers, county attorneys, and constables may be indicted in the county in which they reside for misfeasance or malfeasance in office, or willful neglect in the discharge of official duties, and if…

If any person holding a public office shall, while in the discharge of the duties of his office, become intoxicated, or unable, incompetent or disqualified to discharge any of the duties of his office by the use of spirituous, vinous or malt liquors, he shall be fined not less th…

Any officer who, directly or indirectly, buys or contracts for the claim for services of any grand or petit juryman shall be fined not more than fifty dollars ($50).

members of consolidated local government not to be interested in public improvements -- Penalty. (1) No justice of the peace, while he is a member of the fiscal court, shall, directly or indirectly: (a) Become interested in or receive benefits or emoluments from any contract let …

local government not to be interested in public improvements or claims against county -- Penalty. (1) Any member of the fiscal court, or any mayor or council member of a consolidated local government, who becomes interested, directly or indirectly, in any contract for work to be …

against state or county -- Penalty. Any sheriff or collector of taxes who becomes interested, directly or indirectly, in the construction of any public works or improvements in which the county or state is directly or indirectly interested, or on which he may be required to pay m…

Any county attorney, circuit clerk or deputy, or county clerk or deputy who purchases or speculates in any claim allowed by the fiscal court of his county shall be fined in a sum twice the amount purchased or speculated in by him.

As used in KRS 61.252: (1) "City agency" means any board, commission, authority, nonstock corporation, or other entity created by a city, either individually or jointly with any other unit of local government; (2) "Contract" means any agreement for the sale, lease, or purchase of…

agency for property or services -- Exceptions -- Penalty. (1) No officer or employee of any city or city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the officer's or emplo…

with Justice and Public Safety Cabinet -- Officers’ written confirmation of receipt -- Annual review -- Purpose. (1) As used in this section, "law enforcement agency" means: (a) Any public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement …

No person shall serve as a deputy sheriff, patrol or other nonelective peace officer, or deputy peace officer, unless: (1) He or she is a citizen of the United States and is twenty-one (21) years of age or over; (2) A sheriff may require his or her deputies to reside in the count…

Penalties. (1) "Peace officer," as used in this section, means any sheriff, deputy sheriff, constable or deputy constable granted peace officer powers, patrol or any other peace officer or deputy peace officer except those appointed pursuant to KRS 61.360 or 277.270 and those emp…

officers, jailers, school resource officers, members of a state National Guard or Reserve component, and emergency medical services personnel -- Administrative regulations -- Estates to be exempted from probate fees -- Funds allotted to a self-insuring account -- Presumption that…

Each county road official shall, at the expiration of his term of office, pay over to his successor all the money in his hands by virtue of his office, and take duplicate receipts therefor, one (1) of which shall be filed with the county clerk. If he fails to do so, the county ma…

Upon retiring from office the chief state school officer shall deliver to his successor all books, papers, and effects belonging to the office, and on failure to do so he shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), which shal…

Upon the resignation, removal from office or expiration of the term of office of a county or city clerk, he shall immediately, upon application, deliver to his successor, or such other person as the city or county legislative body orders, all books, records and other papers belon…

laws relating to. Any civil or judicial officer in this state who fails or refuses to enforce any statute bearing upon cemetery companies or burying grounds shall be fined twenty-five dollars ($25) for each failure or refusal.

Removal -- Duties -- Not to impersonate public police officer. The Governor or his agent may appoint special local peace officers, for such time as he deems necessary, to preserve the peace and protect the property of any person from waste or destruction; provided, however, that …

to enforce state and local traffic and motor vehicle laws. (1) Any public police department, sheriff's office, or the Department of Kentucky State Police may, upon written agreement with a residential property owner or a residential property owners' association, patrol the roadwa…

The following persons who are employed by the federal government as law enforcement or investigative officers who have the power of arrest and who are residents of the Commonwealth of Kentucky shall be deemed peace officers and shall have the same powers and duties of any other p…

As used in KRS 61.371 to 61.377, unless the context otherwise requires: (1) "Board" means the personnel board established by KRS Chapter 18A; (2) "Employer" means the officer, employee, board, commission, or agency authorized by law to make appointments to a position in public se…

leave of absence -- Appeals. (1) Any public employee who leaves a position after June 16, 1966, voluntarily or involuntarily, in order to perform military duty, and who is relieved or discharged from such duty under conditions other than dishonorable, and who has not been absent …