Informal Opinion No.

Kevin A. Luibrand, Esq. Town Attorney, Clifton Park

Your question is whether a person holding a public office that is incompatible with the duties of a second office may run for that second office while continuing to hold the first office. You have indicated that the person involved would give up the first office should he be elected to the second office.

Compatibility of office deals with the question whether a person may hold two or more offices simultaneously (People ex rel. Ryan v Green,58 N.Y. 295 [1874]). The impact of accepting an office that is incompatible with the office already held…