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GLASGOW, Ky. — Glasgow City Council candidate Beau Jones was recently sworn in as a Barren County sheriff’s deputy to serve as a school resource officer, a role he has held before.

That raises a question: Can Jones serve as both a sheriff’s deputy and a member of the Glasgow City Council?

Since You Asked, Barrenside looked into what Kentucky law says about the two positions.

What does state law say?

Kentucky law addresses the issue through its rules on “incompatible offices.”

KRS 61.080(3) states that “No person shall, at the same time, fill a county office and a municipal office.”

The Kentucky Attorney General’s Office identifies deputy sheriff as a county office and councilperson as a city office in its guidance on incompatible offices. The guidance is intended to help public officials understand Kentucky’s incompatible-office laws.

That means the issue is not necessarily the fact that Jones is working as a school resource officer. The important distinction is that he has been sworn in as a Barren County deputy sheriff.

A Glasgow City Council member, meanwhile, holds a municipal office.

Under the language of KRS 61.080(3), a person cannot simultaneously fill a county office and a municipal office.

What about being a candidate?

There is an important distinction between running for office and holding office.

Jones is currently a candidate for Glasgow City Council and has not yet been elected. He will appear as candidate No. 6 on the ballot.

Reached Wednesday for comment, Jones said he currently plans to serve on the Glasgow City Council if elected. He said he had researched whether serving on the council would conflict with his role as a school resource officer.

The statute addresses people who are simultaneously filling the offices. Jones is currently a candidate, not a member of the city council.

Based on the language of KRS 61.080, the incompatibility issue arises if he is elected and takes the council seat.

What happens if he accepts the council seat?

Kentucky law also addresses what happens when a person accepts an incompatible office.

KRS 61.090 states that acceptance of an incompatible office “shall operate to vacate the first.” In other words, the law provides a consequence for accepting an incompatible office.

So if Jones were elected to the council and accepted the position, KRS 61.090 would apply. He could not continue holding both offices simultaneously.

What if Jones wins but doesn’t serve?

Jones is one of 17 candidates seeking nine seats on the Glasgow City Council. The nine candidates receiving the most votes will be elected.

But what happens if Jones finishes among the top nine and then decides not to serve? The seat would become vacant.

Kentucky law does not provide that the candidate who finishes 10th automatically moves into the ninth seat.

Instead, KRS 83A.040(5) says that when a vacancy occurs on a city legislative body and other members remain seated, the remaining members must fill the vacancy within 30 days. If there is more than one vacancy, they are filled one at a time.

If the vacancy is not filled within 30 days, the governor is required to fill it by appointment under KRS 83A.040(6).

The Kentucky League of Cities also explains that vacancies in elected city offices are initially filled by appointment. For vacancies on a city legislative body, the remaining members are responsible for filling the vacancy by majority vote within 30 days.

KLC also notes that the appointment process applies when a vacancy results from the acceptance of an incompatible office.

That means Jones could choose not to accept the council seat if he wanted to remain a Barren County sheriff’s deputy. The resulting vacancy would then be filled through the statutory appointment process.

The bottom line

Jones can campaign for Glasgow City Council while serving as a Barren County sheriff’s deputy. The incompatibility issue arises if he is elected and takes the council seat.

KRS 61.080 says a person cannot simultaneously fill a county office and a municipal office. The Kentucky Attorney General’s Office identifies deputy sheriff as a county office and councilperson as a city office in its guidance on incompatible offices.

If Jones wins a council seat but does not accept it, the seat would become vacant and would be filled under Kentucky’s city-vacancy law. The remaining council members would initially have the authority to fill the vacancy; the next-highest vote getter would not automatically receive the seat under the statutory process.