Legal Services

	"Could one of our commissioners also serve as a city councilmember if he doesn't take his salary?"

If an officeholder refuses their salary, are they exempt from dual office holding provisions?

The holder of an office of emolument may not cure a dual office holding problem by refusing to accept the compensation attached to the office. The county cannot eliminate the pay or benefit to a position to avoid the dual office holding prohibition. There is a statutory exception to this rule that allows a county official to be appointed to the governing body of a state agency if he or she does not receive compensation. For more information on dual office holding, see our Pitfalls and Perils of Public Office: Dual Office publication.