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 planning commissioner of the City of Victorville and director of the Victor Valley Water District? CONCLUSION The holding simultaneously of the positions of planning commissioner of the City of Victorville and director of the Victor Valley Water District 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 LAWRENCE E. HUBER ("defendant") is unlawfully holding and exercising the office of director of the Victor Valley Water District ("District") as a result of his appointment to the office of planning commissioner 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…