Published Jan. 15 in the Big Sandy News

Fire chief cannot wear two hats

By TONY FYFFE
Big Sandy News Copy Editor

PAINTSVILLE — One of two people in line to become Paintsville and Johnson County’s new emergency management director has been ruled ineligible for the job, Paintsville City Attorney Wesley Duke said Tuesday.

Paintsville Fire Chief Bob Dixon was declared ineligible by an attorney with the state Department for Local Government because his city job and the Emergency Management Services position are incompatible, Duke said.

A question surrounding Dixon’s eligibility caused the Johnson County Fiscal Court to postpone the appointment of a new EMS director during its regular meeting Monday. Dixon and Gary McClure, chief of the W.R. Castle Volunteer Fire Department, reportedly were the only two candidates being considered as a replacement for longtime director Jim Tom Newman, who retired Dec. 31.

McClure’s eligibility apparently wasn’t questioned since his job as W.R. Castle chief is not a paid position and is not considered a county office.

State statutes prohibit certain state, county and city officials from serving in other public service positions. For instance, statutes ban a person from holding two city offices at the same time and from holding a county office and a city office.
A city or county officer also is prohibited from serving as a state official.

Paintsville Mayor Doug Pugh said Tuesday that he asked Duke to seek a legal opinion on Dixon’s eligibility because the EMS job could be considered a city office since the city pays one-third of the salary. The remainder of the pay is split by the fiscal court and state government.

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