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2009 Indiana Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagin0008 and id is 1 raw text is: GREG ZOELLER WIlIANA ATrORNEY GENERAL STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIlFTH FLOOR 302 W WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770 www.AttorneyGeneral.IN.gov TELEPHONE: 317.232.6201 FAX: 317.232.7979 June 1, 2009 OFFICIAL OPINION 2009-1 The Honorable Frank Mrvan Indiana Senate 200 West Washington Street Indianapolis, Indiana 46204 Re: Dual Office Holding (Hammond City Council/Hammond Port Authority) Dear Senator Mrvan: You requested a legal opinion on the issue of whether the appointment of a Hammond City Council member to the Board of Directors of the Hammond Port Authority would violate the prohibition against dual office holding found at Article 2, Section 9 of the Indiana Constitution.' Brief Answer A member of a city council and a member of a board of directors of a local government port authority are both lucrative officeholders for purposes of Article 2, Section 9 of the Indiana Constitution. Simultaneously holding both offices would violate the constitutional prohibition against dual office holding. 1 The Office of the Attorney General has created the Dual Office Holding Guide as a reference for public officials. This guide provides a four-part legal analysis that public officials may use in order to determine whether accepting a second public service position violates the law. The guide can be found on the Attorney General website at http://www.in.gov/attomeygeneral/legal/advisory/dualoffice.html

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