Opinion No. (1999)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General WILLIAM R. McDANIEL has requested this office to grant leave to sue in quo warranto upon the following question: Does the doctrine of incompatible public offices preclude a person from holding simultaneously the positions of director of the Victor Valley Water District and city council member of the City of Victorville? CONCLUSION The holding simultaneously of the positions of director of the Victor Valley Water District and city council member of the City of Victorville presents substantial questions of fact and law concerning the application of the incompatible public offices doctrine that warrants the granting of leave to sue in quo warranto. PARTIES WILLIAM R. McDANIEL ("relator") contends that RODOLFO CABRIALES ("defendant") is unlawfully holding the office of director of the Victor Valley Water District ("District") as a result of his appointment to the office of city council member for the City of Victorville ("City"). MATERIAL FACTS The City is a general law city with jurisdictional boundaries substantially contiguous with those of the District. The District is a public corporation organized under the…