The question of whether Louisville Metro Councilman David James, D-6, is holding incompatible jobs is being been referred to the Commonwealth Attorney’s office.

In a controversial memorandum, Jefferson County Attorney Mike O’Connell argued James has taken conflicting oaths as a council member, where he was first elected in 2010, and as a major with the University of Louisville police department.

O’Connell advised last month that James should abstain from voting until he either resigns his seat or quits his job.

The legal question was sent to Kentucky Attorney General Jack Conway’s office where both sides have been awaiting a decision.

In a March 13 letter, however, Conway says because James holds a “county office” the decision of whether he must vacate either position is left up to prosecutor Thomas Wine‘s office.

Ky. Attorney General on CM David James

The controversy has sparked a public back and forth between James and O’Connell.

James told WFPL this is retribution for supporting O’Connell’s primary opponent in the May election. O’Connell has denied his legal opinion is politically motivated.