Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE NORMAN L. VROMAN, MENDOCINO COUNTY DISTRICT ATTORNEY, has requested an opinion on the following questions: 1. May a school district make cash payments to members of its governing board in lieu of providing them with health insurance benefits? 2. If such cash payments are unauthorized, would making the payments constitute a criminal offense? 3. If such cash payments are unauthorized, may an individual bring a civil action for reimbursement against those members of the governing board who received the unauthorized payments? CONCLUSIONS 1. A school district may not make cash payments to members of its governing board in lieu of providing them with health insurance benefits. 2. Making such unauthorized cash payments may constitute a criminal offense, depending upon the individual circumstances. 3. A civil action for reimbursement may be brought by affected individuals or organizations, taxpayers, or the Attorney General against those members of the governing board who received the unauthorized cash payments. ANALYSIS Education Code section 35160 provides: "On and after January 1, 1976, the governing…