Incompatibility of office of selectman of a town being employed as an officer of the United States Army Corps of Engineers

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARDS. COHEN ATTORNEY GENERAL STATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, MAINE 04333 March 26, 1979 Honorable James R. McBreairty Senate Chambers State House Augusta, Maine 04333 Dear Senator McBreairty: STEPHEN L. DIAMOND JOHNS. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL You have inquired as to whether there is any incompatibility in a selectman of a town being employed as an officer of the United States Army Corps of Engineers. My review of the constitution, case law and opinions of this office d~scloses no provision or ruling holding such positions to be incompatible. This office in an opinion dated June 12, 1942, ruled that a state judge is permitted to serve as an officer in the United States armed forces. Similarly, in an opinion dated July 25, 1968, we said that an employee of the federal government may hold office as a selectman. Accordingly, we see no reason to now conclude that the positions delineated by you would constitute a common law incompatibility. Whether or not these positions may result in a conflict of interest is a different question and one not asked by you. Incompatibility and conflict of interest are distinct legal principles requiring differing analysis. Any determination of the existence of a conflict would rest on an examination of particular facts. I hope this is helpful. JMRP/ec JOHN M. R. PATERSON Deputy Attorney General