AGO 1993-067.

• Case Date: December 21, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-067. December 21, 1993OPINION NO. 1993-067The 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 requested an opinion whether the positions of member of the board of education of an exempted village school district and member of the school board of a nonpublic school are compatible. 1989 Op. Att'y Gen. No. 89-037 established a five-question test for determining whether a public and private position may be held simultaneously. The five questions are as follows:

1. Is the public position a classified employment within the terms of R.C. 124.57?

2. Do statutes governing either position limit the outside employment possible?

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

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

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

Op. No. 89-037 at 2-163 and 2-164.

R.C. 124.57

Question number one asks whether the public position is a classified employment within the terms of R.C. 124.57, which prohibits classified employees and officers from participating in partisan political activity. A member of the board of education of an exempted village school district, as an elected officer, R.C. 3313.01, is in the unclassified service. See R.C. 124.11(A)(1). Thus, R.C. 124.57 does not prohibit a member of the board of education of an exempted village school district from serving simultaneously as a member of the school board of a nonpublic school.

Outside Employment

Question number two asks whether the statutes governing either position limit the outside employment possible. There is no statute prohibiting the simultaneous holding of the positions of member of the school board of a nonpublic school and member of the board of education of an exempted village school district. Thus, the second question can be answered in the negative.

Conflict of Interest

Question number three asks whether there is a conflict of interest between the two positions. "A public servant may not simultaneously hold an additional position which would subject him or her to divided loyalties and conflicting duties or to the temptation to act other than in the best interests of the public." Op. No. 89-037 at...