HomeMy WebLinkAboutDual Office Holding-1987/1984 EDMUND T. BAXA,JR.ALDERMAN ° " �
•°• IN
PAUL H. BOWEN NSON S: iYUn.6FLI AS ew 135 WEST CENTRAL BOULEVARD
! POST OFF/CE BOX 640 ORLANDO.FLO9�A 3320002 640
DWIGHT I.COOL EDWARD E.HADDOCK,JR. REPLY TO:ORLANDO pryE SUITE 8 BELO
IO IN
ALLAN J.KATZ IN TALLAHASSEE:
FRANI< C. KRUPPENBACHER N STREET
EDWARD ""ITCH 315 SOUTH THOMAS F.LANG AL 1ASx E FLORIDA 3301
PETER G.LATHAM RICHARD R.SWANN MUELLER December 18, 1984 PERVIE P.SWANN P1395-120•1
THOMAS IT-TEDCASTLE
MARTIN B.UNGER
JAMES G.wiLLAREI
OF COUNSEL:
PATRICK F.MARONEY
William Jacobs
Deputy Mayor - Commissioner
Post Office Box 1030
Sanford, Florida 32772-1030
RE: Legal Opinion - dual office holding
Dear Commissioner Jacobs :
You have requested our office issue an opinion regarding
whether or not a member of the City Commission of the City of
Winter Springs, Florida, may serve as a Deputy Clerk of the
Court. Our answer to that question is that it would not violate
the dual office prohibition of Article II, S. 5, of the State
Constitution, for a City Commissioner to serve as a Deputy Clerk
of the Court .
Our opinion is based upon the attached March 6, 1974 ,
Opinion isSued by the Attorney General of the State of Florida,
as well as, discussions with the Attorney General 's office this
date.
Should you have any further questions, ase contact me.
Ve r u • • s
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Enclosure
1649FCK-0
AN 5'ia.vs. r aRe ORLANDO
JCANELLE aONSON OSW,82.o,.d wv,FL� 135 WEST CENTRAL BOULEVARD
CE Boxy
ORLANDO.FLORIDA 32802-0940
DWIGHT e.NEE G 13051 425-3939
GRACE EDWARD E. OCa,JR. REPLY TO: ORLANDO 1
ALLAN J. KATZ TALLAHASSEE:
1°°115TDRTIER"."AT BARNETT RANK BUILDING
FRANK C. KRUPPENBACHER
-THOMAS F.LANG TALLAHASSEE, EL„IHA 32301
PETER MUELLER December 18, 1984 °ER°IE9p 5WANN Ba95IOa4I LATHAM
THOMAS R' TEDDASTTT
OF COUNSEL:
DAVIPATRICK. LATHAMND.
William Jacobs
Deputy Mayor - Commissioner
Post Office Box 1030
Sanford, Florida. 32772-1030
RE: Legal Opinion - dual office holding
Dear Commissioner Jacobs :
You have requested our office issue an opinion regarding
whether or not a member of the City Commission of the City of
Winter Springs, Florida, may serve as a Deputy Clerk of the
Court . Our answer to that question is that it would not violate
the dual office prohibition of Article II , S. 5, of the State
Constitution, for a City Commissioner to serve as a Deputy Clerk
of the Court.
Our opinion is based upon the attached March 6, 1974 ,
Opinion issued by the AttOrney General of the State of Florida,
as well as, discussions with the Attorney General ' s office this
date.
Should you have any further questions , ase contact me.
Ver�� • • s/
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Enclosure •
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ANNIEAI REPORT OF THE ATTORNEY GENERAL_
0744
assistants rather than the substitute functions of a true deputy See Blackburn v.Brorein,
of deputy lux 1 ..
s. 5(a),Slate Cont,s . and that service by a •
70 So.2d 294 (Fla. 1955).Therefore, I am of the opinion that the position t, ,
assessor is not visor the purview school Art. 11,
deputy tax assessor on a county school boxrd would not violate that constitutional
provision. the question of whether such service would violate i
There still remains. however,
provisions prohibited a public official from accepting a position of employment �.
ors of the Standards however,
Conduct law. n 112.311.112 wheth r such F. S.Section 112 61ffi
of ice• might u I np iP employment .,.r.,—,•I.
bids Even assuming mr his independence of judgment that an performance
al's emplo his public as I .,,.:,.Y.
du Lies Even tits umb11t for the generate of conflict with his duties as n county schoui board
257 So 2d 17 (Flu.II deppLy tax u�euxanr would licner,dc a incompatible
mlu r t1 1 Jh en in qu - n l invalidated n Sale v. ingPof two _
I w rule prohibiting the aiding incompatibility IJde that However, the cant public under bons in rule public service co flit has life in this state. Disqualifying the incumbent ions of t to prefer
under mss rule osi on a conflict re the duties cl sh�invitingfthe s two p in
one obligation or er the oth as w General Opinion 07646.Applying this definition.
ebhgutinn aver the other"Attorney pp
tax asse not and county any significant o clash between the would constitute duties deputy o
ass and cuunlY schml board member which woulJ constiluW o violation of the
common law.
Teeny other provision of the Standards of Conduct au piocrh applicable
. IG 1 ). s section prohibits ublc officer or employee c
IIn ,m Iloyte tr n l geg in any professional activity 'wh cl he might
iensonahly regime or induce disclose fl I information
i
11(.111111M by him by reason official p position 'Ito Fo g robe statute appears
to .
idol. s
iemponsibility for IV I this question upon the ts(In II employee 1
1 I Y 1 ; 1 ' II L I 1 le i ; it - mj I that II I f I 'i Lv 1 _,rIy;nf
I I not appear I I 'u I I 1 ' I I : LUUUI ' .Ibyl
` In. e induce" s is :I or
out his (Afield' duties as a member of the school hour I
I
07474—March 6, 1974
PUBLIC FUNDS •
PAYMENT OF PARKING FEES FOR VEI IICLES USED ON
OFFICIAI. 0UISINI„SS BY STATE ATTORNEYS' EMPLOYEES
To:J N. Guerry, Lienslive Director,Judicial Administration Commission, 7n1/aposaT
prepared by:Rebecca Bowles Hawkins and Gerald G Knight.Assistants Attorney General
OtII_S'I IONS:
I. May public funds be appropriated to pay parki fees for publicly _
owned vehicles used by employees of state attorneys' offices for official
bt ” question 1 iv In the ulRrmvlive,should the state or
2. If the answer rental parking fees?
the county pay said
SUMMARY: p
Rental parking fees Incurred In the official of operation
attorney's storage of I'
slate and countY'.ou'ned vehicles by employees nm If state
county attorney's provides
on official business may be paid from public pnr
free parking space as a common transportation sservicet to county nto
governmental units, the county must provide e
attorney,and in no case nmay
1'J71countylf ovide less la out servIceethan to
J this sec 1 tl spate should pay such rental parking storage
it g u i l d in felt' 1' o
lee
I s us a necessary expense of lhu of see of the state aLLOrncy. Any sag.
121 1
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.._.. . .. .. – c:.:;1utT.{3VCk1h i15
•
t
074-73 ANNUAL tIIOt' OF'TILE ATTORNEY GENERAL _ ANN A ftEPOF
__._ _ _
assietente rather than the subatitul
detention facility. However,this duty does not extend toe nocer, ant prisoner who is 70 2d 294 (Fla. 1866).Therefor
injured while being legally arrested by a municipal police officer. 1 find nothing in
ssor's aaeeeeor ie net withn the pco
applicable statutes or rules which would cause me to recede from my p deputy tax assessor o0 a )
opinion in AGO 059.148, and I must conclude that a n officer, i gent prisoner who is injured rovlston,
while being legally arrested by a municipal police officer, is charged with a violation of provision.
still remains, however,
n municipal ordinance,and is to be or is being detained in a municipal detention facility of the of the lY Standards of prohibited a I•
must bear the medical costs which result from his injury. of the act formerly p ois indeper
which might impair for the pu
•
duties.Even assuming
a deputy tax assessor would gem
•074.75—March 6, 1974
member, the provision in questic
1971). sin the, the to service DUAL OFFICEHOLDING positions in the public eernce e
under that rvle lieaians aae"v
DEPUTY TAX ASSESSOR MAY SERVE AS ELECTED employments or W
SCHOOL BOARD MEMBER one obligation over the other.'fi A
1 do not perceive any shool signifies
Ta Clinton R. Snyder, Putnam County Tax Assessor, Palatka assessor and county
common law.
Prepared by: Rebecca Bowles Hawkins, Assistant Attorney General, and Gerald 4 The only other (4).provision of Tb
Knight. Legal Research Assistant here is e. employment pram or eel
accepting} expect would sera
QUESTION: reasonably yy expe reason of I
acquired by him by reason 6
May n deputy tax assessor servo as an elective member of a county to place some rasp
school bourJ's himself—presumably because I
it does not appear foreseeable'
SUMMARY: 'require or induce"the diadem
As a deputy tax assessor Is an lade school e rather than an "officer,' he '
out his official duties as a men
may simultaneously as an elected a.6,State C nal.Nor ere the
violating duties Die dual office prohibition,Art. II, 074-74—March 8,1974
purvi of the two Standards positions in the Conduct La service 112.31conflict 18, F. S., and
the common-law rule of incompatibility. w .
Your question is answered in the affirmative. PAYMENT OF
Article II, a. 5(a), State Const, prohibits dual office holding under state, county or OFFICIAL BUSI7•
municipal governments. The position of elected member of a county school board is • FIAL BUS I
clearly an "office"within the purview of that constitutional provision. Attorney General To:Z H Guerry.
Opinion 071.280. Therefore, the important onaidenuion is whether the position of
deputy lax a also en alto. or merely n position of employment to which the prcprned bY:Rebecca Bowles
dual a ollecholding prohibition does not imply. Attorney General Opinion'inln073-interpreted by the QUpgTIONS:
The Stale Constitution does not define office or offices, but, as p e Y
Florida Supreme Court, 1 May public funk
The term "office" implies a delegation of a portion of sovereign power to. and ,. owned vehicles public
used
the possession of it by. the person filling the office, while an employment does I business?
not comprehend a delegation of any part of the sovereign authority.The term 2. If the answer tc
ofice embraces the idea of tenure, duration, and duties in exercising some the county pay said 1
portion of the sovereign power,conferred or defined by law and not by contract.
/State v.Sheets,83 So.508(Fla. 1919)1. SUMMARY:
Attorney General Opinion 071-263 holds that an assistant state attorney is not an _ Rental Perking fe'
officer for the purposes of Art.II,s.51u),State Const.Likewise,in AGO 069-5,it was ruled state and county-ow rk1n
that an assistant public defender did not have the status of a government officer.The on official business I
previous opinions were based primarily on the statutory description of the respective free parking apace
positions involved and are in accord with the general rule that the constitutional free parn 'Pats
prohibition against dual offceholding does not apply to those persons who are not attorney,governmental and in units
in powers but mere) exercise certain powe s a" it provided in Rem no
the a cif of official in their own right, Y rovide this service
the agents of government officers. Attorney General Opinion 069-2. Such appears to be Fee.u a
the situation with regard to deputy tax assessors in your office. Although they are necessary
entitled "deputy tax assessors," I assume they perform largely the ministerial duties of
120 1
4409if/i.S
(,
_ °, v: CITY OF WINTER SPRINGS, FLORIDA
In[10111.11/11d>I 1 126 EAST STATE ROAD 434
•FCORIP' WINTER SPRINGS.FLORIDA 32708
telephone(305)327-1800
orFlc[OF THE MAYOR
JOHN V.TORCASO
November 12, 1987
Mr. Robert A. Butterworth
Attorney General
Attorney General's Office
Tallahassee, Florida .
Dear Mr. Butterworth:
On November 19, 1982, a Mrs. Maureen Boyd was a Commissioner in the City of
Winter Springs in Seminole County, Florida, and a Reserve Officer in Orange
County, the city being Winter Park. The law firm at that time, Jones and
Morrison PA, located in Altamonte Springs, requested an opinion on Mrs. Boyd,
as she was a Commissioner in Winter Springs, and then became a police officer
in Winter Park simultaneously. The opinion returned was that Mrs. Boyd was in
violation and had to resign from the Commission if she wanted to remain in
law enforcement. Mrs. Boyd did resign her Commission seat.
For the past three years, William Jacobs has been a Commissioner in the City
of Winter Springs, Florida 32708, and two years ago was appointed Deputy Clerk
of the Court in Seminole County. Mr. David Berrien was elected Clerk of the
Court, and appointed Mr. Jacobs as Deputy Clerk. Would appreciate an opinion
from your office if this comes under the dual office holding. Mr. Jacobs has
also been my Deputy Mayor for the last two years.
We, the city officials have been sued by the Seminole County Commission on many
subjects such as enclaves and impact fees. I understand that the Clerk of the
Court in Seminole County serves under the jurisdiction of the Seminole County
Commission. Would appreciate clarification on the possibility of whether
there could be a conflict of interest on both positions.
Thank you,
1 CITY OF WINTER SPRINGS
'..Je'T V� oicisccietnr-
Mayor
P.S. Mr. Jacobs was just re—elected to the Winter Springs City Commission