While his challenger alleged he violates state law holding two elected offices, Hazelbaker said that's untrue

BRANCH COUNTY — Jessica Green, who is running for District 1 on the county commission this August, claims her opponent, incumbent commissioner Randall Hazelbaker, violates state law by serving on both the Coldwater City Council and Branch County Commission.

While attending the Elk’s Veterans Day event on Saturday, Green said voters and the media should examine the 1978 Incompatible Public Offices Act.

But Hazelbaker said this has been looked at by officials and he is not in violation.

Hazelbaker said the issue was resolved in his favor in 2010 when voters first elected him to the county board.

The 1978 law states, “A public officer or public employee shall not hold 2 or more incompatible offices at the same time.”

The law does not clearly define what offices are incompatible.

The statute specifically states that certain positions are not incompatible, but it does not address an elected county commissioner who is also an elected municipal officer.

Hazelbaker has served on the Coldwater City Council since July 2000.

When he began his first term as a Branch County Commissioner in January 2010, Hazelbaker said the attorney general and legal counsel for both the county and city were consulted and found no conflict with state law.

Private citizens cannot sue to seek a decision or enforce the act.

The Incompatible Public Offices Act gives only the state attorney general and local county prosecuting attorneys the right to challenge someone holding two or more offices.

Prosecuting attorney Zack Stempien said the county administrator asked him about a violation of state law by Hazelbaker when Stempien took office.

Stempien said there was no clear violation, and he deferred to county attorney Bonnie Toskey’s original interpretation.

The 1978 law is vague in its prohibitions.

The act prohibits “A breach of duty of public office” without definition.

The law prohibits “The subordination of 1 public office to another.”

The law is clear on one issue. “This section does not allow or sanction activity constituting a conflict of interest prohibited by the constitution or laws of this state.”

Only one Hazelbaker conflict of interest arose in the last 14 years.

In August 2013, Coldwater City Council voted to stop using the Branch County Building Services Department to conduct city building inspection services for plumbing, mechanical, and electrical.

Then county commissioner Dale Swift told Hazelbaker, “I feel that’s a major conflict of interest on both boards.”

Hazelbaker was absent for the first city council vote. At the second city council vote, the city council agreed there was a conflict and voted to allow Hazelbaker to abstain as required under the city charter.

Hazelbaker said under the Incompatible Public Offices Act, “If I was told holding both positions were a violation of the law, I would resign one job.”

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Hazelbaker’s city council seat represents just the city’s Fourth Ward. His County Commission District 1 represents Wards 1, 2 and 4.

Hazelbaker pointed out that all those he represents on both boards are city residents with the same interests.

— Contact Don Reid: dReid@Gannett.com