Opinion No. (1999)

BILL LOCKYER Attorney General ROBERT L. MUKAI Deputy Attorney General ART PULASKI has requested this office to grant leave to sue in quo warranto upon the following question: May a person with a background in the field of management serve as the public member of the Occupational Safety and Health Standards Board? CONCLUSION Whether a person with a background in the field of management may serve as the public member of the Occupational Safety and Health Standards Board presents substantial issues of fact and law that warrant the granting of leave to sue in quo warranto. PARTIES ART PULASKI, Executive Secretary-Treasurer of the California Labor Federation, AFL-CIO, contends that SOPAC M. TOMPKINS ("Defendant") is unlawfully holding and exercising the office of public member of the Occupational Safety and Health Standards Board ("Board") due to her background in the field of management. MATERIAL FACTS On September 21, 1994, Defendant was appointed by the Governor to the Board from the field of management for a four-year term. At the time, Defendant was president of Sopac and Associates, a real estate management consulting firm, and was the owner and operator of the McCarthy Creek…