Bellino

This is an appeal from a declaratory judgment permitting defendant and respondent Mark A. Bellino “to assume his duly elected seat” as a member of the Board of Retirement of the Kern County Employees’ Retirement Association. (The board and the association were plaintiffs below and are the appellants in this court.) The dispute between the parties concerns the applicability of Government Code section 53227, which prohibits employees of certain local agencies from sitting on the governing bodies of the agency. (All further section references are to the Government Code, except as otherwise stated.)

We conclude that, for purposes of section 53227, respondent is an employee of appellants. Further, appellants are a governing board and local agency to which section 53227 is applicable. Accordingly, we reverse the judgment.

Facts and Procedural History

Respondent is a nonmanagement employee of appellants. As such, he is a county civil service employee and a member of the retirement association, as are all other county employees, whether they work for the association or for county departments. (§ 31522.1.) The board of retirement is the governing board of the association. The…