Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY S. Da VIGO Deputy Attorney General THE HONORABLE JOHN R. POYNER, DISTRICT ATTORNEY, COUNTY OF COLUSA, has requested an opinion on the following question: May the County Counsel of Colusa County continue to employ the services of a paralegal who is serving simultaneously as the president of the recognized employee organization of county employees of which she is a member, where no realistic accommodation is available? CONCLUSION The County Counsel of Colusa County may not continue to employ the services of a paralegal who is serving simultaneously as the president of the recognized employee organization of county employees of which she is a member, where no realistic accommodation is available. ANALYSIS The office of County Counsel of Colusa County has one deputy county counsel and one legal administrative assistant in addition to the county counsel. The assistant acts as both the paralegal and secretary for the office. The assistant has been elected president of the recognized employee organization of the county's public employees. Under the provisions of the Meyers-Milias-Brown Act (Gov. Code, §§ 3500 - 3510 ; "Act"), 1 a…