NYCL AGO 95-33.

• Case Date: July 03, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-33. July 3, 1995Informal Opinion No. 95-33James C. Tomasi, Esq. County Attorney No. 95-33 County of Washington 70 Main Street Salem, NY 12865COUNTY LAW §§ 400, 411, 671, 673(1), 674(1), VILLAGE LAW § 3-301. The positions of county coroner and village trustee are compatible. The positions of county coroner and village trustee are compatible.Dear Mr. Tomasi: You have asked whether a person may hold simultaneously the positions of village trustee and county coroner. In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office is People ex rel. Ryan v Green, 58 NY 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two offices. The former can be characterized as "you cannot be your own boss", a status readily identifiable. The latter is not easily characterized, for one must analyze the duties of the two offices to ascertain whether there is an inconsistency. An obvious example is the inconsistency of holding both the office of auditor and the office of director of finance. There are two subsidiary aspects of compatibility. One is that, although the common law rule of the Ryancase is limited to public offices, the principle equally covers an office and a position of employment or two positions of employment. The other is that, although the positions are compatible, a situation may arise where one has a conflict of interests created by the simultaneous holding of the two positions. In such a situation, the conflict is avoided by declining to participate in the disposition of the matter. The village board of trustees serves as the village's legislative body. The board of trustees are elective officers. Village Law § 3-301(3). With exceptions not relevant here, the coroner is an elective position. County Law § 400. The coroner has authority to investigate a death occurring within the county or where the body is found within the county under circumstances where the death appears to be:

(a) A violent death,

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