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RELEVANT LINKS: A.G. Op. 358e-7 (Mar. 5, 1965). A.G. Op. 358 (Dec. 18, 1970). A.C. Op. 358e-9 (Dec. 13, 1939). A.G. Op. 358r(May 21, 1954). A.G. Op. 3581'(June 30, 1955). A.G. Op. 358a -I (Feb. 25, 1958). A.G. Op. 218-R (Feb. 25, 1946). A.G. Op. 358-E-4 (San. 19, 1965), Minn. Stat. § 471 88, subd. 6. A.G. Op. 358-E-9 (Apr. 5, 1971). A.G. Op. 90-E (Apr. 17, 1978). Minn. Stat. § 412.152. Minn. Stat. § 410.33. • Councilmember and city treasurer. • City attorney and city treasurer. • Mayor and school board member. • Councilmember and school board member. • Councilmember and school board treasurer. • City councilmember and county assessor. • Councilmember and municipal liquor store manager. 3. Fire departments City officials are often interested in whether a member of the city fire department— perhaps the chief or another officer—can also serve on the city council. It is, unfortunately, not an easy question to answer. In 1965, the attorney general advised that a councilmember could also be a member of a volunteer city fire department under the exception to the conflict of interest law that permits contracts with a volunteer fire department for payment of compensation or retirement benefits. But in a later opinion, the attorney general advised that the fire chief of a municipal fire department automatically vacated the office of fire chief when he accepted a seat on the city council. This opinion did not mention the exception listed in the conflict of interest law or the 1965 opinion. In 1978, the attorney general considered the issue again and advised that the exception to the conflict of interest law allows a councilmember to be a member of an independent volunteer fire department when a contract for compensation or retirement benefits is negotiated, as long as the procedural requirements for the exception are followed. The attorney general also explained that the reason for the different results in the two earlier opinions was because the 1965 opinion involved a fire department member who was not an officer and the 1971 opinion involved a fire department member who was the fire chief. In 1997, the Minnesota Legislature attempted to clarify the issue by allowing one person to hold the position of statutory city mayor and fire chief of an independent, nonprofit firefighting corporation that serves the city. Although the statute is specifically for statutory cities, home rule charter cities may be able to use it if their charters are silent on the matter. Basically, the mayor and fire chief positions are not incompatible as long as: • The mayor does not appoint the fire chief. • The mayor does not set the salary or the benefits of the fire chief. • Neither office performs functions that are inconsistent with the other. League of Minnesota Cities Information Memo: 10/17/2014 Official Conflict of Interest Page 26