Opinion No. (2004)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE GREG AGHAZARIAN, MEMBER OF THE ASSEMBLY, has requested an opinion on the following question: May the governing board of a school district avoid the conflict of interest provisions of Government Code section 1090 by adopting a policy delegating to the district superintendent its authority to contract on behalf of the district and thus allow the superintendent to approve a promotion for the spouse of a member of the governing board as well as lease school equipment from a firm that employs the spouse of another board member? CONCLUSION The governing board of a school district may not avoid the conflict of interest provisions of Government Code section 1090 by adopting a policy delegating to the district superintendent its authority to contract on behalf of the district and thus allow the superintendent to approve a promotion for the spouse of a member of the governing board as well as lease school equipment from a firm that employs the spouse of another board member. ANALYSIS In 1988, a school district hired an employee as a noon aide at an elementary school and thereafter granted her various…