AGO 1993-049.

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

Ohio Attorney General Opinions 1993. AGO 1993-049. November 26, 1993OPINION NO. 1993-049The Honorable Charles L. Bartholomew Wyandot County Prosecuting Attorney 110 East Wyandot Avenue P.O. Box 26 Upper Sandusky, Ohio 43351 Dear Prosecutor Bartholomew: You have asked for an opinion whether the position of director of a county board of elections is compatible with the position of clerk of the legislative authority of a charter city. Information provided indicates that the clerk's position is with the city of Upper Sandusky.

Compatibility Analysis

1979 Op. Att'y Gen. No. 79-111 sets forth the following seven questions for determining whether two public positions are compatible:

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. All seven questions must yield an answer in favor of compatibility before two public positions can be found compatible. The sixth and seventh questions involve in large part matters of local concern, and it is assumed, for purposes of this opinion, that there are no departmental regulations or ordinances which limit the holding of outside employment by a director of a county board of elections or clerk of the legislative authority of Upper Sandusky. There are no applicable state or federal regulations.

R.C. 124.57

Question one asks whether either of the positions is a classified employment within the terms of R.C. 124.57, which prohibits classified employees from participating in partisan political activity. Pursuant to R.C. 124.11(A)(2), the director of a county board of elections is in the unclassified service. The position of clerk of the legislative authority of Upper Sandusky is in the unclassified service of the city. Charter of the Municipality of Upper Sandusky, Ohio §13.05. Because neither position is in the classified service, R.C. 124.57 does not...