Opinion No. (2003)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General GARY CLARKE has requested this office to grant leave to sue in quo warranto upon the following questions: 1. Did Dr. Jay Betz comply with the residence qualification for election to the governing board of the Pleasant Ridge Union Elementary School District? 2. Is it in the public interest to grant the application for leave to sue in quo warranto to remove Dr. Jay Betz from office? CONCLUSIONS 1. Whether Dr. Jay Betz complied with the residence qualification for election to the governing board of the Pleasant Ridge Union Elementary School District presents a substantial question of law. 2. It is in the public interest to grant the application for leave to sue in quo warranto to remove Dr. Jay Betz from office. ANALYSIS On November 5, 2002, Dr. Jay Betz ("Defendant") was elected to a four-year term as a member of the Board of Trustees ("Board") of the Pleasant Ridge Union Elementary School District ("District"). Gary Clarke ("Relator") contends that Defendant is unlawfully serving as a member of the Board because, both at the time of the election and thereafter, Defendant was not a resident of the District.…