The offices of mayor of a statutory city and the fire chief of an independent nonprofit firefighting corporation serving the city are not incompatible offices and a person may concurrently hold both offices if all of the following conditions exist:
- (1) the mayor does not appoint the fire chief;
- (2) the mayor does not set the salary or benefits of the fire chief;
- (3) neither officer performs functions that are inconsistent with the other's;
- (4) neither officer in the officer's official capacity contracts with the other; and
- (5) the mayor does not approve the fidelity bond of the fire chief.