Opinion No. (2001)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE BOARD OF SUPERVISORS FOR THE COUNTY OF SACRAMENTO has requested this office to grant leave to sue in quo warranto upon the following question: Are Gail Woodson, Harry Riebe, and Galen Whitney unlawfully holding public offices as members of the Board of Directors for the Florin Resource Conservation District? CONCLUSION Whether Gail Woodson, Harry Riebe, and Galen Whitney are unlawfully holding public offices as members of the Board of Directors for the Florin Resource Conservation District presents a substantial question of law requiring judicial resolution. ANALYSIS The Florin Resource Conservation District ("District") was formed in 1953 and contains a portion of the territory of the City of Sacramento, City of Elk Grove, and County of Sacramento. It has responsibility within its boundaries "for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities." (Pub. Resources Code, § 9151 ) 1 The District has a governing board of directors ("Board") whose members may be appointed in lieu of election. (§ 9314 .)…