Summary judgment is appropriate if the designated evidentiary matter shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. American Family Mut. When the parties do not dispute the facts material to the claim, our task is to determine whether the trial court correctly applied the law to the undisputed facts. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative. We further held that the dual service did not violate Art.
Gaskin applies in the present case.
In Gaskin, we held that a deputy marshal is an employee rather than a public officer. We similarly find that a deputy sheriff is an employee of the county, rather than a public officer. Thus, Whipker's simultaneous holding of the position of deputy sheriff and county councilman does not contravene Art. With regard to Art. We decline to follow Rush for several reasons.