In the Ohio Attorney General’s formal opinion (2022 Ohio Atty.Gen.Ops. No. 2022-006), the Attorney General held that a person may not serve simultaneously as a local school district board member and as a commissioner of a county park board within the same county.
Here, the Attorney General held that the county school board and county park board were “incompatible,” and as a such, a person may not serve as both a school board member and county park board member in the same county.
In support of his decision, the Attorney General reasoned that the role of a school board member and a county park member overlap on several topics such as the acquisition and disposition of land, taxes, and allocation of funds. Accordingly, a member serving both boards would be required to routinely refrain from making integral decisions within their capacity on each board. Due to the likelihood that county decisions would require the participation of both the school and park boards, the Attorney General concluded that the ability of a dual-board member to remain objective would be substantially impaired. Due to this unavoidable conflict of interest that exists between the two positions, these positions cannot be simultaneously held.
To read the opinion, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.