Opinion No. (2005)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General GERAWAN FARMING, INC., requests leave to sue in quo warranto upon the following question: Has Daniel Zingale forfeited his office as a member of the California Agricultural Labor Relations Board because he has performed paid political consulting work during his term of office? CONCLUSION Daniel Zingale's performance of paid political consulting work during his term of office as a member of the California Agricultural Labor Relations Board appears to violate Labor Code section 1150 . Such a violation, however, does not result in vacating or forfeiture of this office by operation of law. For that reason, the question whether Daniel Zingale has forfeited his office as a member of the California Agricultural Labor Relations Board because he has performed paid political consulting work during his term of office does not present a substantial issue of fact or law requiring judicial resolution. ANALYSIS On November 11, 2003, Daniel Zingale ("Defendant") was appointed by the Governor to fill an unexpired term on the California Agricultural Labor Relations Board (Lab. Code, §§ 1141-1151.6; "Board"). 1…