Opinion No. (1998)

DANIEL E. LUNGREN Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE DION LOUISE ARONER, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: May a probationary teacher for the 1997-1998 school year be employed by the school district as a probationary teacher for the 1998-1999 school year and as a permanent teacher for the 1999-2000 school year if the teacher's spouse became a school board member during the 1997-1998 school year? CONCLUSION A probationary teacher for the 1997-1998 school year may not be employed by the school district as a probationary teacher for the 1998-1999 school year or as a permanent teacher for the 1999-2000 school year if the teacher's spouse became a school board member during the 1997-1998 school year. ANALYSIS Government Code section 1090 1 provides: "Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. . . ." Under the provisions of section 1090 , a school board member would have a "financial interest" in…