East Central Reporter

Shelby Co., Ill. (ECWd) – If Austin Prichard is successfully elected as County Board Member during this November’s election, he would, upon entering the office of county board member, place himself in a position with an inherent conflict of interest with his current role as the Shelby County Dive Team Commander. He only needs one vote since no one is running against him.

Short of resigning from the dive team commander position ahead of time, Prichard’s action of taking his oath of office and commencing service as a county board member after the election should serve as his ipso facto resignation from his position as dive team commander.

Occupying both positions would place him in the conflicted situation of being called upon to vote on the budget, policies, and other items related to the dive team, including voting on his own position as commander while also serving as the department head or employee of that department. In essence, he could not have undivided loyalty to the county board while continuing to serve as the dive team commander.

See Rogers v. Village of Tinley Park for more information on the doctrine of incompatibility and elements of common law incompatibility.

For those who may suggest he could simply abstain from voting on conflicting matters, that is not an option in county government outside the very strict provisions of the Officers Prohibited Activities Act.