Hayes, 011121 OHAGO, AGO 2021-002

Case DateJanuary 11, 2021
CourtOhio
The Honorable William C. Hayes
AGO 2021-002
No. 2021-002
Ohio Attorney General Opinion
Ohio Attorney General
January 11, 2021
         The Honorable William C. Hayes          Licking County Prosecuting Attorney          20 South Second Street          Newark, Ohio 43055          SYLLABUS:          A person may not serve simultaneously as a county treasurer and as a member of a municipal civil service commission when the two positions are within the same county.          Dear Prosecutor Hayes:          You have requested an opinion concerning the compatibility of two public positions. I have framed your question as follows:
May a person simultaneously hold the positions of a county treasurer and a member of a municipal civil service commission when the two positions are within the same county?
         I          Your request references the City of Newark, which has adopted a charter system of government. The City’s charter states that the procedures, powers, and duties of the Newark municipal civil service commission are consistent with the Revised Code. Newark Charter, Art. XI §11.01. Thus, any assessment of the compatibility of a position on the commission and another position is the same as it would be for a non-charter government.          An issue of compatibility arises whenever one person wishes to hold simultaneously two or more positions of public service. The following seven questions are used to determine whether a person may hold two public positions simultaneously:
1. Is either position in the classified service for purposes of R.C. 124.57?
2. Does a constitutional provision or statute prohibit a person from serving in both positions at the same time?
3. Is one position subordinate to, or, in any way, a check upon the other position?
4. Is it physically possible for one person to discharge the duties of both positions?
5. Is there an impermissible conflict of interest between the two positions?
6. Are there local charter provisions, resolutions, or ordinances that are controlling?
7. Is there a federal, state, or local departmental regulation applicable?
2019 Op. Att’y Gen. No. 2019-012, Slip Op. at 1-2; 2-87 to 2-88; 1979 Op. Att’y Gen. No. 79-111, at 2-367 to 2-368. All seven questions must be resolved in favor of compatibility for the positions to be compatible. 2013 Op. Att’y Gen. No. 2013-008, at 2-78. Consequently, if one of the seven questions is resolved against a finding of compatibility, the positions are incompatible. Id. at 2-79. Here, the answer to Question Five establishes the positions’ incompatibility, and so there is no need to consider the other questions.          II          Question Five asks...

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