Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General RIVERBANK UNIFIED SCHOOL DISTRICT and SAMUEL BATES have requested this office to grant leave to sue in quo warranto upon the following question: When a school district is reorganized and a trustee of the reorganized district is elected to the board of trustees of the newly formed district, does the common law doctrine of incompatible public offices prohibit the trustee from continuing to serve on the board of the reorganized district until it is dissolved, even though a statutory prohibition against such dual office holding has been waived by the State Board of Education? CONCLUSION Granting leave to sue in quo warranto in the present circumstances would not serve the public interest in determining whether a trustee of a newly formed school district may continue to serve as a trustee of a reorganized district until it is dissolved where a statutory prohibition against such dual office holding has been waived by the State Board of Education and only a matter of months remain before the reorganized district is dissolved. PARTIES Riverbank Unified School District ("RUSD") seeks leave to sue in quo warranto…