HAMMOND | Bob Markovich should not hold seats on the Hammond City Council and the Hammond Port Authority, according to an opinion by Indiana Attorney General Greg Zoeller made public earlier this week.

He cited a constitutional provision prohibiting officials from holding dual lucrative offices.

Explaining his opinion using previous case law, Zoeller said an office is deemed "lucrative" in the eyes of the state when "there is attached a compensation for services rendered," and that "lucrativeness does not depend on the amount of compensation affixed to the office." He said a position would not be considered lucrative if the office holder was reimbursed for expenses incurred in connection with his or her duties.

Hammond Mayor Tom McDermott Jr. raised the issue of holding both offices shortly after City Council members chose Markovich, an at-large member of the council, to sit on the port authority board in January. McDermott vetoed the appointment and asked Zoeller for an opinion.

Markovich, a 22-year council member, said until this year when he was appointed, a City Council member always has sat on the port authority board. 1st District Councilman Mark Kalwinski previously held the post.

"It was OK for Mark Kalwinski to be on there," Markovich said. "Now that I'm the appointment, no other council member can be on there? I have the research from the City Council attorney that it's not lucrative. I have a Supreme Court ruling."

Markovich, who lives in the Robertsdale area, said the port authority needs a watchdog to monitor how a $31 million award from the Regional Development Authority is spent and that the Attorney General's nonbinding opinion shouldn't be considered the word of law.

"The Attorney General is just another lawyer who has an opinion," he said.