Informal Opinion No.

Kenneth H. Holcombe, Esq. Village Attorney, Dannemora

You have asked whether a member of the board of trustees of a village who is subsequently elected to the position of assistant fire chief of the village fire department may hold both offices.

Section 10-1012 of the Village Law provides in part as follows:

"A person shall not hold the office of village mayor or village trustee and the office of chief or assistant of a village fire department at the same time. Notwithstanding any inconsistent provision of law, a person who is the chief or an assistant chief of a village fire department, if he…