AGO Opinion Topics: OFFICES AND OFFICERS SCHOOLS PLANNING AND COMMUNITY AFFAIRS AGENCY INCOMPATIBLE

OFFICES AND OFFICERS—SCHOOLS—PLANNING AND COMMUNITY AFFAIRS AGENCY—INCOMPATIBLE OFFICES—CONFLICT OF INTEREST—APPEARANCE OF FAIRNESS DOCTRINE—Same Person Holding The Offices Of School Director And Planning Commissioner

1.         Although it is an extremely close question and could depend on the facts of a particular situation, the offices of school director and planning commissioner are likely incompatible, and so the same person may not hold both offices at the same time.

2.         The same person is not precluded from holding both the offices of school director and planning commissioner by any rule against a conflict of interest.

3.         The appearance of fairness doctrine does not per se prohibit the same person from holding the offices of school director and planning commissioner at the same time, but might disqualify such a person from participating as a planning commissioner in hearing a quasi-judicial matter involving the school district that the same person serves as a school director.