California Attorney General Opinion 22-802

Citations

• 107 Ops.Cal.Atty.Gen. 20

Syllabus

QUESTIONS: The application alleges that Keefer's service on the County Board violates (1) Government Code section 1099, which prohibits holding incompatible public offices, and (2) Education Code section 1006, which makes school district employees ineligible to serve on a county board of education with jurisdiction over their district. CONCLUSIONS: We conclude that there are substantial issues of fact or law as to whether Keefer is (1) simultaneously holding incompatible public offices in violation of Government Code section 1099, and (2) serving on the County Board while an employee of a school district within the Board's jurisdiction in violation of Education Code section 1006. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Official Citation: 107 Ops.Cal.Atty.Gen. 20