Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General DANIEL G. STONE Deputy Attorney General THE RENTAL HOUSING OWNERS' ASSOCIATION OF SOUTHERN ALAMEDA COUNTY and MARC CRAWFORD, as Relators, have requested leave to sue in quo warranto upon the following question: Does the doctrine of incompatible public offices preclude Dennis Waespi from simultaneously serving on both the board of directors of the Castro Valley Sanitary District and the board of directors of the Hayward Area Recreational and Park District? CONCLUSION Whether the offices of director of the Castro Valley Sanitary District and director of the Hayward Area Recreational and Park District are incompatible, such that Dennis Waespi is precluded from simultaneously holding both offices, presents substantial questions of fact and law warranting judicial resolution. Accordingly, Relators' application for leave to sue is granted. *Page 2 ANALYSIS In the General Election conducted on November 4, 2008, Dennis M. Waespi ("Defendant") was elected to serve as a director on the governing boards of two different local public agencies: the Castro Valley Sanitary District (CVSD), on which he had been serving continuously since 1999; and the Hayward…