Opinion No. (1999)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE ALAN K. MARKS, COUNTY COUNSEL OF SAN BERNARDINO COUNTY, has requested an opinion on the following question: May an individual serve simultaneously on the governing board of a school district and as the community development director for the City of Colton, where 70 percent of the city lies within the school district? CONCLUSION An individual may serve simultaneously on the governing board of a school district and as the community development director for the City of Colton even though 70 percent of the city lies within the school district. ANALYSIS We are asked to consider whether the community development director for the City of Colton may serve on a local school district's governing board in light of the prohibition against holding incompatible public offices. This prohibition is of common law origin and is applicable in California. (See Civ. Code, § 22.2 ; Mott v. Horstmann (1950) 36 Cal.2d 388 , 391-392 ; People ex rel. Chapman v. Rapsey (1940) 16 Cal.2d 636 , 640-644 ; Eldridge v. Sierra View Local Hospital Dist. (1990) 224 Cal.App.3d 311 , 319 .) We conclude that the prohibition is…