Opinion
No. 81-1795
Decided July 3, 1984.
Counties — Quo warranto — Alleged incompatibility of office of county commissioner and full-time high school principal — Failure of proof.
IN QUO WARRANTO.
This is an original action in quo warranto brought by relator, Anthony L. Gretick, a duly authorized Special Prosecuting Attorney for Logan County, challenging the right of respondent, John A. Jeffrey, to exercise the office of Logan County Commissioner, thereby seeking his ouster from such office. No question is raised as to relator's entitlement to such office by virtue of his election thereto on November 4, 1980.
It is the contention of relator that respondent's position as county commissioner "* * * is incompatible with his position as a full-time principal at Ridgemont High School."
The facts reveal that respondent was principal of Ridgemont High School in Logan County at the time of his election as county commissioner for the term commencing January 2, 1981. By tradition the three-member board of county commissioners met on Mondays from 9:30 a.m. to 4:30 p.m. and on Fridays from 1:00 p.m. to 5:30 p.m. throughout the year and these meeting hours were formalized by resolution adopted on May 17, 1982. During the school year, respondent was unable to attend the Monday and Friday meetings until approximately 3:00 p.m. because of his duties as high school principal. R.C. 5715.02 requires the president of the board of county commissioners to serve on the Logan County Board of Revision and a portion of the tax base of the school system for which respondent is employed is located in Logan County. While it is not alleged that respondent was president of the board of county commissioners, the existing policy of such board is that a different member of the board assume the presidency every year.
Mr. Anthony L. Gretick, special prosecutor, for relator.
Sanford, Fisher, Fahey, Boyland Schwarzwalder Co., L.P.A., and Mr. Richard P. Fahey, for respondent.
Relator's claim asserting respondent's inability to perform arises from respondent's failure to be present at approximately sixty percent of the scheduled meetings and/or office hour times. There is no claim of misconduct in office by respondent nor is there probative evidence to support an allegation that the conduct of the business of the board of county commissioners has been impeded by failure of respondent to be in attendance at the hours prescribed by the two-member majority. Thus, there being a failure of proof that respondent was in fact unable to perform both as principal of Ridgemont High School and as a member of the board of county commissioners, relator's premise that the two positions are incompatible must fail.
Relator's claim of conflict of interest in respondent's serving on the county board of revision while employed by a school system whose tax base is partially in the same county must likewise fail as such claim is founded on speculation and not fact. There is no evidence or indeed any claim that respondent has been or is serving on the county board of revision. Should the dual role suggested by relator be presented to respondent he would then have the option of disqualifying himself or his vote with regard to actions of the board of revision involving school property assessments. Possibility of conflict of interest is insufficient to oust a duly elected public official from office. State, ex rel. Corrigan, v. Hensel (1965), 2 Ohio St.2d 96 [8 O.O.2d 7].
For reason of the foregoing, the writ is denied.
Writ denied.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.