ISDA specialist outlines state rule on dual office holding for SWCD supervisors

Sandra, the Indiana State Department of Agriculture support specialist who joined the Oct. 7 meeting, briefed the LaPorte County Soil and Water Conservation District board on legal guidance about dual office holding.

Sandra said the guidance is grounded in state statute (discussed in the meeting as Indiana Code 14-32) and in prior determinations by the Indiana attorney general that soil and water supervisors qualify as "lucrative" offices. Under that framework, supervisors may not concurrently hold another elected or appointed public office at the local, state or federal level even if they decline per-diem compensation. The board discussed how a $30-per-day per diem authorized in the statute has been treated differently by districts; Sandra said some districts accept it and some do not, but the statutory classification applies regardless of whether a supervisor takes the per diem.

Board members raised hypothetical scenarios (for example, holding a Michigan City board seat or a school-board seat) and were advised that elected or officially appointed government posts would require resignation from the soil and water board if accepted. The board asked for follow-up materials; a member said she would appreciate an emailed list of specific guidance and relevant attorney-general references.

No formal action was taken on this item; the discussion served as legal clarification for supervisors considering other elected or appointed positions.