Opinion No. (1999)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE ROBERT M. BURNS, DISTRICT ATTORNEY, LASSEN COUNTY, has requested an opinion on the following question: May a person who has been convicted of a felony serve as the fire chief of a community services district? CONCLUSION A person who has been convicted of a felony may serve as the fire chief of a community services district unless the powers and duties of a peace officer have been conferred upon him. ANALYSIS Under the Community Services District Law (Gov. Code, §§ 61000 - 61850 ; "Act"), 1 a community services district ("district") may be formed for various purposes, including "[p]rotection against fire" (§ 61600 , subd. (d)). We are asked whether a person who has been convicted of a felony may serve as the fire chief of a district. We conclude that he may do so as long as the powers and duties of a peace officer have not been conferred upon him. The statute governing our analysis is section 1029 , which provides: "(a) . . . each of the following persons is disqualified from holding office as a peace officer or being employed as a peace officer of the state, county, city, city and…