At page five of that opinion we concluded that a state representative could serve as a member of the Governor's State Child Support Commission because the Commission operates in an advisory capacity only and it does not involve an exercise of executive or other power. An employee of the Legislative Research Commission is not prevented by Sections 27 and 28 of the Kentucky Constitution from serving as a trustee of the state retirement system because employees of the Legislative Research Commission are not employees of the Legislative Branch of government. Sections 27 and 28 of the Kentucky Constitution prohibit a member of the General Assembly from serving as a member of the Board of Trustees of the Kentucky Retirement Systems. OAG 72-458, citing OAG 38,833. The powers of the board of directors of an Area Development District are set forth in KRS 147A.080.
Board members engage in more than advisory functions and the District is a political subdivision.
While OAG 78-534 concluded that a state legislator could serve on the board of an Area Development District without violating provisions pertaining to legislative ethics and incompatible offices, the opinion never considered the concept of separation of powers. On the basis of the materials mentioned and discussed in this letter Sections 27 and 28 of the Kentucky Constitution would preclude a member of the General Assembly from serving at the same time as a member of the Board of Directors of an Area Development District. Members of a Tourist and Convention Commission established pursuant to KRS 91A.350 to KRS 91A.390 engage in more than advisory functions. Such entities are created by cities and counties acting independently or collectively. Sections 27 and 28 of the Kentucky Constitution would prohibit a member of the General Assembly from serving at the same time as a member of a Tourist and Convention Commission.