Title VIII, Offices and Officers
4 chapters · 410 sections in this title.
KRS § 61.010 Office not to be sold -- Penalty -- Contracts to sell are void
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(1) No civil or military office or post of profit, trust, or honor under this state, nor the deputation thereof, in whole or in part, shall be sold or let to farm by any person holding or expecting to hold it. (2) Any person selling, letting, buying, or receiving the letting of a…
KRS § 61.012 Qualification for appointive office or position as to compliance with campaign finance laws
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campaign finance laws. No person shall be qualified to hold any appointive state office or position, made by gubernatorial appointment, until the person provides the secretary of the Personnel Cabinet with his sworn statement made under penalty of perjury that he has not knowingl…
KRS § 61.015 Residence requirements for office or employment when city or district boundaries altered
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boundaries altered. No person shall be disqualified from election or appointment to any public office or position of employment, for which the law requires a term of prior residence in a district or city, solely because of alterations in city or district boundaries; and he shall …
KRS § 61.020 Commissions, which officers required to have
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The following officers shall have commissions issued to them by the Governor: Secretary of State, Auditor of Public Accounts, Treasurer, Commissioner of Agriculture, Superintendent of Public Instruction, Justices of the Supreme Court, clerk of the Supreme Court, Judges of the Cou…
KRS § 61.030 Discharge of duties, when officer to enter upon
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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.
KRS § 61.035 Deputy may act for ministerial officer
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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.
KRS § 61.040 Conviction of certain crimes vacates office -- Pardon does not avoid
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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…
KRS § 61.050 Officer's acts before conviction are valid
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All judgments rendered or acts done by such person, by authority or color of his office, before his removal or such conviction, are valid.
KRS § 61.060 Official acts may be questioned collaterally, when
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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…
KRS § 61.070 Eligibility of General Assembly member or candidate as administrative board or commission member
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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…
KRS § 61.080 Incompatible offices
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(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…
KRS § 61.090 Acceptance of incompatible office vacates first
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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.
KRS § 61.092 Renumbered as KRS 45A.330
KRS § 61.094 Renumbered as KRS 45A.335
KRS § 61.096 Renumbered as KRS 45A.340
KRS § 61.097 Involvement of local government officers, employees, and their spouses in contracts for solid waste management facilities -- Effect on contract -- Penalties
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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…
KRS § 61.098 Practice of law prohibited
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(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.
KRS § 61.100 Dueling disqualifies person to hold office
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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…
KRS § 61.101 Definitions
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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,…
KRS § 61.102 Reprisal against public employee for disclosure of violations of law prohibited -- Construction of statute
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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…
KRS § 61.103 Definitions of "disclosure" and "contributing factor" -- Civil action by employee authorized -- Evidence
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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…
KRS § 61.105 Immunity for persons brining evidence against an executive branch official involving conduct relating to the transition between officials -- Definitions for section -- Exception in case of perjury
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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…
KRS § 61.110 State officers at capital may retain residence in home district
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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…
KRS § 61.120 Salary -- Deduction from for failure to perform duty
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(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…
KRS § 61.130 Salary of county attorney, county judge/executive or Commonwealth's attorney -- How deducted
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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…
KRS § 61.140 Repealed, 1978
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Catchline at repeal: Salary of judge of circuit court or Court of Appeals.
KRS § 61.150 Member of General Assembly -- How salary deducted
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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…
KRS § 61.160 Closing public offices
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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.
KRS § 61.165 Smoking policy for governmental office buildings or workplaces and postsecondary education institutions
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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…
KRS § 61.167 Smoking prohibited in public areas of Capitol and Capitol Annex -- "Public area" defined -- Each branch may designate smoking areas -- Requirements for smoking area
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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…
KRS § 61.168 Body-worn cameras and video and audio recordings -- Disclosure, retention, and availability for viewing governed by KRS 61.870 to 61.884 and 171.410 to 171.740 -- Exceptions
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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.…
KRS § 61.169 Attorney representing person or entity involved in body-worn camera recording incident -- Right to view copy of recording -- Limitations -- Sanctions
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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…
KRS § 61.170 Malfeasance or neglect of county officers -- Penalty
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(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…
KRS § 61.180 Drunkenness of officer on duty -- Penalty
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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…
KRS § 61.190 Repealed, 2003
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Catchline at repeal: Receiving profit on public funds -- Penalty
KRS § 61.200 Jury fees, penalty for buying
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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).
KRS § 61.210 Justices, county judges/executive, county attorneys, and mayors or council members of consolidated local government not to be interested in public improvements -- Penalty
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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 …
KRS § 61.220 Fiscal court members and mayors or council members of a consolidated local government not to be interested in public improvements or claims against county -- Penalty
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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 …
KRS § 61.230 Sheriff and collector not to be interested in public improvements or claims against state or county -- Penalty
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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…
KRS § 61.240 County attorney and clerks not to buy claims against county -- Penalty
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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.
KRS § 61.250 Repealed, 1994
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Catchline at repeal: First-class city officers and employees not to be interested in city contracts or work -- Penalty.
KRS § 61.251 Definitions for KRS 61.252
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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…
KRS § 61.252 Prohibition against city officers and employees contracting with city or city agency for property or services -- Exceptions -- Penalty
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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…
KRS § 61.260 Repealed, 1994
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Catchline at repeal: Officer of city of second or third class not to be interested in contract with city -- Penalty.
KRS § 61.270 Repealed, 1994
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Catchline at repeal: Fourth-class city officers not to be interested in contract with city -- Penalty.
KRS § 61.280 Repealed, 1994
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Catchline at repeal: Fifth and sixth-class city officers not to be interested in contract with city -- Penalty
KRS § 61.290 Repealed, 1958
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Catchline at repeal: Local officers to make annual statement of collections and disbursements; publication; penalty for failure; publication of list of delinquent taxpayers; when legal publications to be in newspaper with largest bona fide circulation.
KRS § 61.295 Repealed, 1958
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Catchline at repeal: Copy of published annual statement to be filed with Auditor.
KRS § 61.298 Required written police pursuit policies -- Subjects to be addressed -- Filing with Justice and Public Safety Cabinet -- Officers’ written confirmation of receipt -- Annual review -- Purpose
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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 …
KRS § 61.300 Nonelective peace officer or deputy -- Qualifications
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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…