Thorpe

Thorpe v. Long Beach Community College District

Good Law
2000 Cal. App. LEXIS 701·2000 Daily Journal DAR 9831·83 Cal. App. 4th 655·99 Cal. Rptr. 2d 897·2000 Cal. Daily Op. Serv. 7440
Court of Appeal of CaliforniaSeptember 5, 2000B138537California3,515 words

Opinion

Opinion

Boren, J.

Appellant Mary Thorpe petitioned for writ of mandate (Code Civ. Proc., § 1085) to overturn the decision of respondent Long Beach Community College District (hereinafter, the Community College District) disqualifying her from consideration for promotion from her position of “Accountant” to the newly created position of “Supervisor, Accounting Special Projects.” The trial court denied Thorpe’s petition since her husband was a member of the Board of Trustees of the Community College District (hereinafter, the Board of Trustees), and her promotion would constitute a prohibited conflict of interest. (Gov. Code, § 1090.) The court reasoned that the new position would constitute a new employment and not be within the exemption for a “spouse’s employment” existing at least a year prior to the election or appointment of the Board of Trustees member. (§ 1091.5, subd. (a)(6).) We affirm.

Facts

Thorpe was employed at the Community College District since 1974. Since 1991, she was employed in the position of accountant in the Community College District’s office of fiscal affairs. In April of 1996, Thorpe’s husband was elected one of the five members of the Board of Trustees.

In July…

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