October 3, 2000
You’ve asked me to look into an issue brought to you by an individual. That person
asked if there is a conflict of interest if the same person serves in the following positions:
1. Alderman for a City
2. Chief Deputy Sheriff for the County
3. Chairman of the Streets Department for the same City
I believe there is no conflict of interest in serving both as an Alderman and as a deputy for the
county; however, dual service as an Alderman and as the Chairman of the Streets Department is
probably prohibited by the Municipal Code.
During our phone conversation, you mentioned that the constituent seemed to think there
was an existing opinion on this subject. I reviewed the Legal Opinions data base maintained by
MTAS and found one, in 1997, by Mark Pullen, a previous Legal Consultant. I enclose a copy of
that opinion in case it’s what you’re looking for.
Generally a person may hold both a city and a county position provided they are not
incompatible. There is a provision in the Tennessee Constitution, Article II, ' 26, which prohibits
a person from “holding more than one lucrative office at the same time.” The Tennessee
Attorney General, however, has opined that prohibition applies only to “state offices.” The issue
was presented to the Attorney General in the context of a city employee running for the County
Commission, OAG 98-213. The Attorney General reasoned there was no legal obstacle to
holding those two positions provided there was no contractual relationship that might cause a
conflict of interest. In the case you present, there is no indication that service as a county deputy
would have any connection to the person’s duties as alderman for the City. Should there be any
type of contract that would give rise to a potential conflict, this issue would need to be revisited.
I’m enclosing a copy of the Attorney General’s Opinion for your review.
As to whether the same person can serve as an alderman and as Chairman of the
Streets Department depends upon what type of position the latter actually is. Is the Alderman
truly a department head or does he merely oversee the operation of the streets department as
part of his aldermanic duties? If the Alderman is a paid department head, then I believe he
cannot hold both of the positions. Although '7-51-1501, Tennessee Code Annotated,
guarantees political freedoms to employees of local governments, it only allows an employee of
a local government to run for elected office IF it is authorized by “law or local ordinance.” The
City has enacted such an ordinance, but your ordinance precludes such employment if the
employee seeks also to be on the municipality’s governing board. The section states in part:
“Employees have the same rights as other citizens to be a candidate for state or local
political office (except for membership on the municipal governing body) and to participate in
political activities by supporting or opposing political parties, political candidates, and petitions to
government entities . . .” ' 4-613, Municipal Code. (Emphasis added.) Since the ordinance
specifically mentions membership on the city’s governing body, the person in question could not
serve both as a paid department head and as an Alderman.
A similar ordinance, in the City of LaFollette, was discussed in an Attorney General’s
Opinion. LaFollette’s ordinance contained the same limitation, “except for membership in the
governing body.” The Opinion reasons that unless the municipality has “expressly authorized its
city employees [to run for office on the governing body]” an employee is not qualified to run for
the board of mayor and aldermen. OAG 98-130, page 3. Since your ordinance contains no
exceptions to the prohibition of an employee from serving on the governing body, that dual
service is not allowable. A copy of this Opinion is also enclosed.
Please call if you need additional information.
Sincerely,
Donna M. Leydorf
Legal Consultant