Exempt from Dual Office Holding Provisions


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 recently updated Pitfalls and Perils of Public Office publication.