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1989 Delaware Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagde0029 and id is 1 raw text is: STATE OF DELAWARE DEPARTMENT OF JUSTICE STATE OFFICE BUILDING CHARLEs M. OBERLY. III 820 N. FRENCH STREET, 8TH FLOOR DIRECT DIAL: ATTORNEY GENERAL WILMINGTON, DELAWARE 19801 571-2500 January 12, 1989 Mr. Thomas L. McFalls Chairman, Task Force on Local Government Financing c/o United Way 701 Shipley Street Wilmington, DE 19801 Re: Dual Office Holding Opinion No. 89-1001 Dear Mr. McFalls: You have asked whether §4003(a)(4) of your bill amending Title 29 of the Delaware Code creating the Delaware Advisory Commission on Intergovernmental Relations (hereinafter the Commission) violates the Delaware Constitution, Article 2, §14 which prohibits a legislator from holding dual office. For the reasons which follow, we conclude that Article 2, §14 does not prohibit two members of the Delaware House of Representatives from being selected by the Speaker of the Commission to serve on the Commission as ex officio members. The applicable provision of Article 2, 514 of the Delaware Constitution reads as follows: [No] Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during such time....