Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General THE HONORABLE DENNIS CARDOZA, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. May a person serve simultaneously as a deputy sheriff and a city council member? 2. May a city council, one member of which is a deputy sheriff, enter into a contract with the sheriff to provide police services to the city? CONCLUSIONS 1. A person may serve simultaneously as a deputy sheriff and a city council member. 2. A city council, one member of which is a deputy sheriff, may enter into a contract with the sheriff to provide police services to the city, provided that the interest of the deputy sheriff is disclosed to the council and noted in its official records, and the deputy sheriff completely abstains from any participation in the matter. ANALYSIS The two questions presented for resolution concern whether a deputy sheriff may serve on a city council, and if so, what restrictions might affect the city's ability to contract with the sheriff for police protection services. 1. Incompatible Offices Doctrine The first inquiry concerns the common law doctrine 1 of incompatible public offices.…