Informal Opinion No.

David J. Roman, Esq. Town Attorney, Minetto

You have asked whether one person may serve simultaneously as a member of the town board and as the town zoning and code enforcement officer.

In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two offices simultaneously unless they are incompatible. The leading case on compatibility of office isPeople ex rel. Ryan v Green, 58 N.Y. 295 (1874). In that case the Court held that two offices are incompatible if one is subordinate to the other or if there is an inherent inconsistency between the two…