Opinion No. (2000)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE TONY STRICKLAND, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: May a member of the governing board of a joint powers agency cast a valid vote on a matter before the agency that is inconsistent with the position taken by the legislative body which appointed the member? CONCLUSION A member of the governing board of a joint powers agency may cast a valid vote on a matter before the agency that is inconsistent with the position taken by the legislative body which appointed the member. ANALYSIS The South Coast Area Transit ("SCAT") is a joint powers agency consisting of the County of Ventura and the cities of Ojai, Oxnard, Port Hueneme, and San Buenaventura. It operates a public transportation system within the geographical boundaries of its member agencies. Recently one of the city representatives on SCAT's five-member board of directors voted in favor of an additional expenditure of agency funds which was inconsistent with the position taken by the city council of his city. 1 Was his vote valid? We conclude that it was. The Joint Exercise of Powers Act (Gov. Code,…