Opinion No. (1997)

Good Law
California Attorney GeneralMarch 21, 1997California1,445 words

Opinion

Lead Opinion

DANIEL E. LUNGREN Attorney General ANTHONY S. De VIGO Deputy Attorney General THE HONORABLE LOUIS PAPAN, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: May the city manager or assistant city manager of the City of South San Francisco serve simultaneously on the board of trustees of the South San Francisco Unified School District? CONCLUSION The city manager of the City of South San Francisco may not serve simultaneously on the board of trustees of the South San Francisco Unified School District. The assistant city manager may serve simultaneously on the board of trustees. ANALYSIS The common law doctrine of incompatible public offices prevents a person from holding simultaneously two public offices if the performance of the duties of either office could have an adverse effect on the other. ( 75 Ops.Cal.Atty.Gen. 10 , 12 (1992).) In 66 Ops.Cal.Atty.Gen. 176 , 177-178 (1983), we summarized the applicable rules as follows: "`Offices are incompatible, in the absence of statutes suggesting a contrary result, if there is any significant clash of duties or loyalties between the offices, if the dual office holding would be improper for reasons…

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