Judges: James D. Cole, Assistant Attorney General
Filed Date: 6/16/1992
Status: Precedential
Modified Date: 7/5/2016
Requestor: Thomas R. Emnett, Esq., County Attorney County of Tioga County Office Building 56 Main Street Owego, N.Y. 13827
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have asked whether an individual may serve as coroner and also hold a full-time position as dispatcher in the sheriff's department and the part-time position of corrections officer.
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 isPeople ex rel. Ryan v Green,
There are two subsidiary aspects of compatibility. One is that, although the common law rule of the Ryan case 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.
Section
We conclude that the positions of coroner and part-time corrections officer are incompatible.
The Attorney General renders formal opinions only to officers and departments of the State government. This perforce is an informal and unofficial expression of the views of this office.