Simmons, 121416 WVAGO, AGO 121416
|Docket Nº:||AGO 121416|
|Case Date:||December 14, 2016|
Whether one person may serve in the same county simultaneously as a fiduciary commissioner and as an attorney to the county commission.Under the common law doctrine of incompatibility, no person may hold two government offices that have competing interests. 69 W.Va. Op. Att'y Gen. No. 1 (Sept. 26, 2002). A conflict of interest exists between two positions "if the responsibilities of one office can in any manner influence the actions of the public officer in the discharge of the duties of the second office." Id. (citing 55 W.Va. Op. Att'y Gen. 78 (March 28, 1973)). This rule "rests not upon physical inability to perform the duties of both offices, but arises from the inconsistent nature of the offices and their relation to each other, rendering it improper, from considerations of public policy for one person to perform the duties of both," State ex rel. Thomas v. Wysong, 125 W.Va. 369, 373, 24 S.E.2d 463, 466 (1943). We turn first to the office of fiduciary commissioner. Under West Virginia Code...
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