AGO 1993-051.

• Case Date: December 02, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-051. December 2, 1993OPINION NO. 1993-051The Honorable John R. Lentes Meigs County Prosecuting Attorney 101 1/2 West Second Street Pomeroy, Ohio 45769 Dear Prosecutor Lentes: You have requested an opinion whether the positions of township trustee and house numbering coordinator in the county tax map office are compatible. 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. Questions six and seven are primarily 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 trustee or house numbering coordinator. There are no applicable federal or state regulations that pertain to these two positions.

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 classified employees and officers from participating in partisan political activity. The position of township trustee is in the unclassified service, see R.C. 124.11(A)(1); R.C. 505.01; thus, a township trustee is not subject to the prohibition of R.C. 124.57. Supplemental information provided indicates that the position of house numbering coordinator is in the classified service. See R.C. 124.11(B). Prior opinions of the Attorney General have concluded that "R.C. 124.57 does not prohibit a classified civil servant from also serving as a township trustee, as long as he is appointed trustee or seeks that office in a non-partisan election." 1988 Op. Att'y Gen. No. 88-020 at 2-76; accord 1978 Op. Att'y Gen. No. 78-022. Accordingly, if a house numbering coordinator is appointed township trustee or is elected to the position of township trustee in a non-partisan election, the prohibition of R.C. 124.57 does not bar an individual from holding simultaneously the positions of house numbering coordinator and township trustee

Outside Employment

Question number two asks whether the empowering statutes of either position limit outside employment. No provision in the Revised Code limits the outside employment permissible of a township trustee or house numbering coordinator. Thus, the second question may be answered in the negative.

Subordination or Control

Question number three asks whether one position is subordinate to, or in any way a check upon, the other. As an elected official, see R.C. 505.01, a township trustee is responsible to the people who elected him. The house numbering coordinator is employed by the board of county commissioners. The positions of township trustee and house numbering coordinator therefore serve different masters, and neither position is subordinate to the other. See generally Pistole v. Wiltshire, 22 Ohio Op. 2d 464, 467, 189 N.E.2d 654, 657-58 (C.P. Scioto County 1961) (a township trustee is responsible to the electors who...