AGO 1993-048.

• Case Date: November 26, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-048. November 26, 1993OPINION NO. 1993-048The Honorable Tim Oliver Warren County Prosecuting Attorney 500 Justice Drive Lebanon, Ohio 45036 Dear Prosecutor Oliver: You have requested an opinion whether the position of township clerk is compatible with the position of village administrator. Information provided indicates that the village that employs the administrator is located within the township served by the township clerk. 1979 Op. Att'y Gen. No. 79-111 established a seven question test for determining the compatibility of two public positions. The seven questions read as follows:

1. Is either of the positions a classified employment within the terms of R.C. 124.57?

2. Do the empowering statutes of either position limit the outside employment permissible?

3. Is one office subordinate to, or in any way a check upon, the other?

4. Is it physically possible for one person to discharge the duties of both positions?

5. Is there a conflict of interest between the two positions?

6. Are there local charter provisions or ordinances which are controlling?

7. Is there a federal, state, or local departmental regulation applicable?

Op. No. 79-111 at 2-367 and 2-368. The sixth and seventh questions raise issues of local concern, and it is assumed, for purposes of this opinion, that there are no local departmental regulations, charter provisions, or ordinances that limit the holding of outside employment by a township clerk or village administrator. There are no applicable state or federal regulations. R.C. 124.57 Question number one asks whether either of the positions is a classified employment within the terms of R.C. 124.57, which prohibits employees or officers in the classified service of the state, the several counties, cities, and city school districts thereof, and civil service townships from participating in partisan political activities, other than to vote or express their political views. A township clerk, as an elected officer, R.C. 507.01, holds an unclassified civil service position, see R.C. 124.11(A)(1), and, therefore, is not subject to the prohibition of R.C. 124.57. Similarly, since R.C. 124.57 does not apply to officers and employees in the service of a village, see 1989 Op. Att'y Gen. No. 89-069 at 2-315; see also Ohio Const. art. XV, §10; R.C. 124.01, a village administrator is not subject to R.C. 124.57's prohibition. ...