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1991 Maine Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagme0019 and id is 1 raw text is: 91-1 JAMES E. TIERNEY o a ATTORNEY GENERAL a STATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL STATE HOUSE STATION 6 AUGUSTA, MAINE 04333 January 2, 1991 Representative Fred L. Richardson Maine House of Representatives State House Station #2 Augusta, ME 04333 Dear Representative Richardson: I am writing to confirm the advice rendered in summary form to you by my office several weeks ago that there is no constitutional or legal impediment to your serving simultaneously as a member of the Maine Legislature and a member of the School Board of the City of Portland. The question of the ability of members of the Legislature to hold municipal office is one that has frequently been posed, in that many members of the Legislature, past and present, have held municipal offices of some kind. As set forth more fully below, it has been the longstanding Opinion of this Department that there is no constitutional or other legal difficulty presented by such simultaneous office holding, except for certain county officers, and except for the office of municipal tax assessor. The question of the extent to which members of the Legislature may hold municipal office is essentially one of interpretation of Article IV, Part 3, Section 11 of the Maine Constitution. That section provides: No member of Congress, nor person holding any office under the United States (post officers excepted) nor office of profit under this State, justices of the peace, notaries public, coroners and officers of the militia excepted, shall have a seat in either House while a member of Congress, or continuing in such office. (emphasis added)

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