Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General TAYLOR S. CAREY Deputy Attorney General THE HONORABLE MICHAEL P. MURPHY, COUNTY COUNSEL FOR THE COUNTY OF SAN MATEO, has requested an opinion on the following question: Is the elective office of city clerk incompatible with the elective office of trustee of an elementary school district located within the same city? CONCLUSION The elective office of city clerk is not incompatible with the elective office of trustee of an elementary school district located within the same city. *Page 2 We are informed that a trustee of the Jefferson Elementary School District, 1 who had served in that capacity since her election to office in 2003, stood for and was elected to the office of City Clerk of the City of Daly City in 2008, taking office in January, 2009, and holding both offices for a period of time. She has since resigned from the school district board. Although the resignation eliminated any immediate potential for conflict, the issue has continuing relevance because it may recur. Additionally, because we last gave an opinion on this issue in 1953, the question affords us an opportunity to bring our analysis of the relevant issues up to date.…