Ago

To: William H. Keiser Chief of Police City of Port Richey

QUESTION:

May a city council member serve as a certified auxiliary police officer under the constitutional dual officeholding prohibition?

SUMMARY:

Until and unless judicially determined otherwise, s. 5, Art. II, State Const., prohibits a city council member from simultaneously serving as a certified auxiliary law enforcement officer.

Section 5(a), Art. II, State Const., provides in pertinent part:

No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except…