Can a small school district remove an elected board member through quo warranto when he has been involuntarily hospitalized for a mental-health crisis and barred from contact with the district by a permanent restraining order?

Question

Should the AG grant the Belleview Elementary School District leave to sue Jason Vassar in quo warranto to remove him from the School Board on the ground that he is mentally incapacitated and unable to perform his duties under Government Code § 1770(b)?

Conclusion

Yes. Substantial issues of law and fact exist as to whether § 1770(b)'s requirements are met. The public interest favors letting a court resolve the question. Leave to sue is GRANTED.

Official Citation: 106 Ops.Cal.Atty.Gen. 151

Plain-English summary

Belleview Elementary School District is a three-member school board governing a small school in Tuolumne County. Jason Vassar was elected to the Board in 2015 and his term runs through November 2026.

In late October 2023, Vassar told senior school officials he was the messiah, that government agents were targeting him, that he was being harassed by technology, and that he had been hearing voices instructing him to "carry out revelations." He emailed three "manifestos" containing violent threats, including telling officials he was "going to be executioner for God and kill your children" and threatening to "tear this planet apart starting with my home town, Sonora."

Following law enforcement contact, Vassar was placed on a Welfare & Institutions Code § 5150 hold (72-hour involuntary detention for danger to self or others as a result of a mental-health disorder). The hold was extended to 14 days under § 5250 on a finding that he continued to pose a danger.

The School District obtained a temporary restraining order, and on November 28, 2023, a permanent restraining order. The permanent order bars Vassar from any contact with the district's students, staff, or facilities for three years, which means he cannot attend Board meetings in person or by video.

With Vassar legally barred from attending Board meetings until well past the end of his term, the District filed a quo warranto application asking the AG for permission to sue in superior court for a § 1770(b) vacancy declaration.

Section 1770(b) provides that a public office becomes vacant when, in a quo warranto proceeding, the officeholder is declared mentally incapacitated due to disease, illness, or accident and there is reasonable cause to believe the officeholder cannot perform the duties for the remainder of the term.

The AG granted leave. Vassar did not file an opposition. The substantive ruling on whether § 1770(b)'s requirements are actually met falls to the superior court.

What this means for you

School district and special district board members

The opinion concludes that Government Code section 1770(b) provides a quo-warranto pathway for declaring a public office vacant when the officeholder is found mentally incapacitated and there is reasonable cause to believe the officeholder cannot perform the duties for the remainder of the term.

School district counsel handling an incapacity case

The opinion concludes that the application's record (the § 5150 and § 5250 paperwork, the permanent restraining order barring contact for three years, and the trustee's communications) raised substantial issues of law and fact sufficient to grant leave to sue. The opinion treats the merits of § 1770(b) as a question for the superior court.

Board members

The opinion explains the elements of section 1770(b): a court declaration in a quo warranto proceeding that the officeholder is mentally incapacitated due to disease, illness, or accident and that there is reasonable cause to believe the officeholder cannot perform the duties for the remainder of the term.

Due process

The opinion notes that the superior court will hear the merits, with the officeholder as a party able to contest the application of section 1770(b). The AG's leave-to-sue determination addresses whether substantial issues exist, not the merits.

Common questions

Q: Why does the District need quo warranto to remove Vassar instead of just calling a recall?

A recall election would take months and require signatures. § 1770(b) provides a faster judicial route specifically for incapacity, which a recall cannot reach. The two procedures address different problems: recalls deal with policy or performance disputes, § 1770(b) deals with inability to serve.

Q: Does the § 5150 hold by itself create a vacancy?

No. A § 5150 hold is a 72-hour evaluation, and a § 5250 extension is up to 14 more days of intensive treatment. Neither, by itself, declares the person mentally incapacitated for purposes of § 1770(b). Section 1770(b) requires its own quo warranto adjudication and a finding that the officeholder cannot perform duties for the remainder of the term.

Q: What if Vassar contests the application in court?

He has the right to do so. The superior court will hear evidence on whether his incapacity is established and whether the duration prong (cannot perform for the remainder of the term) is met. If contested, expect medical and other expert evidence on prognosis.

Q: Could a board member remove themselves voluntarily?

Yes. A simple resignation under Cal. Gov. Code § 1750 ends the matter and creates a vacancy. Quo warranto is for cases where the officeholder will not or cannot resign and the body needs a court order to clear the seat.

Q: How does the restraining order interact with § 1770(b)?

The order itself does not declare a vacancy, but it operationally prevents attendance at Board meetings, which feeds the § 1770(b) finding that the officeholder cannot perform the duties of the office. A long-duration order that runs to or past the term-end is strong evidence on the duration prong.

Background and statutory framework

Cal. Gov. Code § 1770(b). Lists the events that create a vacancy in public office. Subdivision (b) covers a court declaration in a quo warranto proceeding that the officeholder is mentally incapacitated and that there is reasonable cause to believe the officeholder cannot perform the duties for the remainder of the term.

Cal. Welf. & Inst. Code § 5150. Authorizes a 72-hour involuntary hold for a person who, as a result of a mental health disorder, is a danger to self, others, or is gravely disabled.

Cal. Welf. & Inst. Code § 5250. Authorizes an additional 14-day intensive-treatment hold on continued danger findings.

Cal. Code Civ. Proc. § 803. Authorizes the quo warranto action; the AG must grant leave before a private party (or, here, a school district) can sue in the AG's name.

Citations

• Cal. Code Civ. Proc. § 803 (quo warranto)
• Cal. Gov. Code § 1770(b) (vacancy by declared mental incapacity)
• Cal. Welf. & Inst. Code § 5150 (72-hour hold)
• Cal. Welf. & Inst. Code § 5250 (14-day hold)
• People v. Triplett (1983) 144 Cal.App.3d 283

Source

• Landing page: https://oag.ca.gov/opinions/yearly-index
• Original PDF: https://oag.ca.gov/system/files/opinions/pdfs/23-1201.pdf

Original opinion text

TO BE PUBLISHED IN THE OFFICIAL REPORTS

OFFICE OF THE ATTORNEY GENERAL
State of California
ROB BONTA
Attorney General

OPINION
of
ROB BONTA
Attorney General
KARIM J. KENTFIELD
Deputy Attorney General

No. 23-1201
December 29, 2023

The BELLEVIEW ELEMENTARY SCHOOL DISTRICT has applied to this office for leave to sue JASON VASSAR in quo warranto to remove him from his seat on the School District's Board. The application asserts that Vassar is subject to removal under Government Code section 1770(b) because he is mentally incapacitated and unable to perform his job duties.

We conclude that there are substantial issues of law and fact as to whether the requirements of section 1770(b) are satisfied. We further conclude that the public interest will be served by allowing the proposed quo warranto action to proceed. Consequently, the application for leave to sue is GRANTED.

BACKGROUND

The Belleview Elementary School District serves students at Belleview Elementary School in Tuolumne County. The School District is governed by a three-member School Board elected by voters in the District. Since November 2015, Jason Vassar has served as a member of the Board. His current term will end in November 2026.

The School District contends that Vassar is mentally incapacitated and can no longer perform his job duties. In support, it has submitted sworn declarations and supporting documentation describing the following sequence of events.

On October 30, 2023, Vassar met with senior School officials. According to the District, Vassar stated at the meeting that he was the messiah chosen by God; that high-ranking government officials were out to get him; that he is being harassed by technology; and that he is hearing voices that he interprets to be God's instructions to him to carry out revelations. He also reported being recently detained after he attempted to enter an Air Force base, believing that the Air Force would protect him from unknown antagonists.

Shortly after the meeting, Vassar emailed three lengthy "manifestos" to the same officials. Written in a stream-of-consciousness style, the documents contained violent threats and delusional thoughts. In one document, Vassar wrote: "I was kind of shocked to read in Revelations that I was going to be executioner for God and kill your children." In another passage, he stated: "I'm going to tear this planet apart starting with my home town, Sonora."

After law enforcement was notified, the County Sheriff met with Vassar. Vassar reiterated his beliefs, including that "the Sheriff would die in this revelation that is upon us." As later disclosed in court filings and testimony, Vassar was then taken into custody under Welfare and Institutions Code section 5150, which authorizes a 72-hour involuntary detention when "a person, as a result of a mental health disorder, is a danger to others, or to themselves." His detention was ultimately extended an additional 11 days for a total of 14 days "of intensive treatment related to the mental health disorder," after a finding that he continued to pose a danger to himself or others.

A few days after Vassar was taken into custody, the School District obtained a temporary restraining order against him. After Vassar left a threatening voicemail on the office line of a School official, that official also obtained a temporary restraining order. In these proceedings, Vassar has not disputed the District's description of events. If he wishes to do so, he will have another opportunity before the superior court.

On November 28, 2023, the School District obtained a permanent restraining order. The order bars Vassar from any contact with the District's students, staff, or physical facilities for three years. As a result, he is prohibited from attending all School Board meetings, either in person or via video conference.

The School District now requests our permission to file a quo warranto lawsuit in superior court seeking Vassar's removal from the School Board. In that lawsuit, the District would seek to obtain a court declaration that Vassar's seat has become vacant under Government Code section 1770(b). That section provides that an office becomes vacant if, in a quo warranto proceeding, the office holder is declared mentally incapacitated due to disease, illness, or accident and there is reasonable cause to believe the office holder will not be able to perform the office duties for the remainder of the term. Vassar did not file an opposition to the District's quo warranto application.

Full opinion text continues in the linked PDF.