Opinion No. (2000)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE ANTHONY PESCETTI, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. If the City of Elk Grove is incorporated on March 7, 2000, will the offices of director of the Elk Grove Community Services District and city council member of the City of Elk Grove constitute incompatible public offices? 2. If so, what will be the consequences for a district director who is elected to the Elk Grove City Council? 3. May such newly elected city council member participate in filling by appointment the vacancy on the district board created by his or her election to the city council? CONCLUSIONS 1. If the City of Elk Grove is incorporated on March 7, 2000, the offices of director of the Elk Grove Community Services District and city council member of the City of Elk Grove will constitute incompatible public offices. 2. A director of the community services district who is elected to the Elk Grove City Council will immediately forfeit his or her office on the district board upon commencement of the term of office on the city council. 3. A newly elected city council member may not…