In Attorney General Opinion 2022 Ohio Atty.Gen.Ops. No. 2022-007, the Attorney General opined that the positions of township fiscal officer and member of a board of education for a local school district within the same geographic area are compatible, provided the person holding both positions refrain from: participating in the preparation and presentation of the township’s budget; discussing and voting on contractual negotiations and decisions; and issuing a tax abatement.
Here, it was asked whether a person may serve simultaneously as a township fiscal officer and board of education member for a local school district within the same township.
A seven-part test was developed in 1979 for addressing issues of compatibility between two or more positions of public service, and all seven parts must be answered in favor of compatibility. The Attorney General analyzed all seven parts and found that despite a conflict of interest often arising between the duties of a township fiscal officer and board of education member, the conflicts are considered “sufficiently avoidable” so long as the dual-board member refrains from the contractual or tax budgeting process between both boards as well as the placement of levies or bonds on the voting ballot. As for tax abatement, in this case, a person serving as a township fiscal officer is not in control of the issuing of tax exemptions. This critical distinction eliminated the conflict between the positions, resulting in the Attorney General deciding that a person may dually serve on the township fiscal board and board of education in the local school district.
To read this opinion, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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