Opinion No. (2002)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE JIM BATTIN, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a trustee of the Lakeside Union School District serve simultaneously as a director of the Padre Dam Municipal Water District? CONCLUSION A trustee of the Lakeside Union School District may not serve simultaneously as a director of the Padre Dam Municipal Water District. ANALYSIS We are asked to determine whether a trustee on the governing board of the Lakeside Union School District ("School District") may serve as a director on the governing board of the Padre Dam Municipal Water District ("Water District"). We conclude that these two offices may not be held at the same time due to the common law prohibition against holding incompatible public offices. Formed in 1955 under the Municipal Water District Law of 1911 (Wat. Code, §§ 71000 - 73001 ), the Water District is a multi-purpose public entity providing wholesale and retail water; wastewater collection, disposal, and treatment; water recycling; and recreation at a regional park and campground. (See Carlton Santee Corp. v. Padre Dam Mun.…