LOUISVILLE, Ky. (WDRB) -- A special prosecutor has been appointed to review the "incompatible" public job issue involving Louisville Metro Council member David James.

A spokesperson for Kentucky Attorney General Jack Conway confirms the appointment of Laura Witt Donnell to review the matter. Donnell is the commonwealth's attorney for Anderson, Shelby and Spencer Counties.

At issue is whether James - (D) District 6, holds two "sworn"  jobs that are incompatible under the Kentucky constitution.  James is an elected metro council member and a major on the University of Louisville police force.

In February, Jefferson County Attorney Mike O'Connell said that James could not hold both positions and would have to choose one.
In the weeks since, the question of who would investigate the situation has bounced from the state attorney general's office to the Jefferson County commonwealth's attorney's and back to the attorney general.

David James's attorney says F. Todd Lewis sent a statement to WDRB via email, saying "
We are greatly disappointed that Jack Conway has apparently decided to kick off his campaign for governor with this misguided misuse of authority. We have no reason to believe right now that Ms. Witt Donnell was even informed of the entire context of this act or its questionable motives." 

James continues to hold both positions, pending any resolution. James has said he believes O'Connell raised the issue for political reasons. James has endorsed O'Connell's opponent in the May primary.

O'Connell has denied any wrongdoing, saying the question first arose when metro police officers asked his office for opinions on the issue in January; those officers wanted to run for elected office in Oldham County.

Donnell could not be reached for comment late Monday.

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