Montana Attorney General Opinion 15-403

Opinion No. 403 County Treasurer - Schools - School CleI"li-Public Officers-Incom- patible Offices HELD: The county treasurer or his deputy is not eligible to hold the office of clerk of a school district be- cause the two offices are incompat- ihle. December 4, 1933 You request an opinion from this office on the following matter: "Will ~'ou kindly give me your opinion as to whether or not the county treasurer or the deputy county ,treasurer can be clerk of the school district in which he resides?" In Wells v. State, 175 Ind. 380, 9-1- ~. E. 321, Ann. Cas. 1913C, 86. the court held that the office of deputy county auditor and school trustce were incompatible and for that reason one person could not hold both offices at the same time. It is our opinion that the.re is a like iEcompatibility between the office of {"ounty treasurer or deputy county trE'asurer and school clerk and tha t om' person may not hold both offkes a t the same time. The office of the county treasurer has certain statutory duties to perform in relation to the funds of school districts which might ~ive rise to a conflict between the of- fice of the county treasurer and the school district of which the treasurer or a deputy was clerk.