Legal Opinion

(2000)

Maryland Attorney General Reports

Decided August 4, 2000Published

1Opinion of the Court

Dear The Honorable K. Bennett Bozman

You request our opinion whether an Ocean City police officer may serve as a member of the Ocean City Council. We conclude that, although a police officer may seek election to the Council while remaining on the police force, the common law doctrine of incompatible positions precludes simultaneous service as a Council member and police officer in Ocean City. We note, however, that the town itself may resolve the issue of a police officer's service on the City Council by either abrogating the doctrine of incompatible positions or explicitly prohibiting service…

2Cases cited5 opinions

  1. Hetrich v. County CommissionersCourt of Appeals of Maryland · 1960
  2. Howard County Metropolitan Commission v. WestphalCourt of Appeals of Maryland · 1963
  3. Lilly v. JonesCourt of Appeals of Maryland · 1930
  4. People Ex Rel. Fitzsimmons v. SwailesIllinois Supreme Court · 1984
  5. People Ex Rel. Teros v. VerbeckAppellate Court of Illinois · 1987

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