Opinion No. (2007)

EDMUND G. BROWN JR. Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE DENNIS HERRERA, CITY ATTORNEY, CITY AND COUNTY OF SAN FRANCISCO, has requested leave to sue in quo warranto upon the following question: Is Edmund Jew unlawfully serving as a member of the Board of Supervisors of the City and County of San Francisco because he has not resided in District Four at all times required by the city's charter? *Page 2 CONCLUSION Whether Edmund Jew is unlawfully serving as a member of the Board of Supervisors of the City and County of San Francisco because he has not resided in District Four at all times required by the city's charter presents substantial questions of fact and law warranting judicial resolution; the application for leave to sue in quo warranto is GRANTED. ANALYSIS The City and County of San Francisco (City) has an eleven-member board of supervisors (Board) that serves as its legislative body. The City's charter provides that each supervisor is to be elected by the voters of his or her respective supervisorial district, rather than by a citywide vote. (Charter, §§ 2.100, 13.110, subds. (a), (b), (e).) The charter further specifies: Each…