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centralkynews.com

Junction City seeks attorney general opinion on councilman's job in Lincoln

By Kendra Peek

kpeek@amnews.com

11:12 AM EDT, March 13, 2013

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JUNCTION CITY — Junction City officials will ask the state Attorney General’s Office for an opinion on whether council member Dewayne Taylor is potentially violating an incompatible offices statute.

Incompatible offices are those where a person cannot serve in more than one simultaneously, in order to maintain the “appearance of propriety,” City Attorney Bill Noelker said in an previous interview.

Concerns arose in January that Taylor was in violation of the Kentucky statute, as he had been serving for the past two years as a special deputy for the Lincoln County Sheriff’s Department, an unpaid volunteer position, and has been a member of the Junction City Council for eight years.

“I’ve talked to several people, haven’t really gotten a straightforward answer,” Taylor said, explaining that there did not seem to be any cases where such a situation was taken before a judge to decide.

Taylor temporarily resigned from his position as special deputy in January, shortly after he was approached about the possibility there was a conflict. However, Taylor explained via phone, he returned to the position about a month ago and said he would like to continue doing both, if possible. Contacts with the Kentucky League of Cities could not advise him on the legality, Taylor said, explaining that some people said it was allowed and others said it was not.

During Tuesday’s Junction City Council meeting, Taylor said they were unable to find similar cases that have gone before a judge for a decision.

Noelker was authorized by the council to draft a letter to the attorney general for an opinion on the matter. While it was not legally binding, Noelker said, it would give them an idea of how to proceed with the situation.

Ethics concerns raised against Mayor Jim Douglas over special-called council meetings will not be pursued, at the request of the council, according to Noelker.

“Everyone agreed that it probably did not rise to the level of an ethics violation, so the council just agreed that they would withdraw the motion,” Noelker explained after the meeting.

In January, Taylor alleged he was not being properly notified of the special meetings, which require 24-hour notice in writing, when possible. At that time, the council discussed taking the issue before the county ethics board, which consists of individuals selected by members of Boyle County Fiscal Court, Perryville City Council and Junction City Council. The members cannot be elected officials.