California Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in California, with full citations and the original source on every page.
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Can the same person serve as a director of both a groundwater management district and a fire protection district whose boundaries overlap in California?
No. Where a groundwater district and a fire protection district share territory, simultaneously serving on both boards creates a significant potential clash of duties and is barred under California Go…
Can the same person serve simultaneously on the boards of two California water districts that have overlapping boundaries and are adverse parties in litigation over Kings River water?
There are substantial issues warranting court review. The AG granted leave to sue in quo warranto. Two boards in active litigation with each other are likely incompatible under Government Code section…
Can the same person sit on both a county planning commission and a county board of education in California?
No. The two offices are legally incompatible under Government Code section 1099. The planning commission reviews education-facility site decisions and CEQA approvals, the board of education makes scho…
Can a private group sue a charter school CEO in quo warranto to remove him from the Sacramento County Board of Education on the theory that running a charter network and serving on the county board are incompatible offices?
Yes, the suit can proceed. The AG granted leave to sue Paul Keefer (CEO of Pacific Charter Institute, a charter management organization, and elected Trustee on Sacramento County Board of Education) in…
Can Kathleen Garcia simultaneously sit on a community college district board and a fire protection district board whose territories overlap, or does Government Code § 1099 force her to forfeit one of the seats?
The AG granted the College District leave to sue in quo warranto. There is a substantial legal issue under Government Code § 1099 about whether the two offices are 'incompatible' because the fire dist…
Can a member of the City of San Diego Audit Committee also serve on SANDAG's TransNet ITOC, the SANDAG Audit Policy Advisory Committee, or as the MTS Internal Auditor without violating California's incompatible-offices statute?
Mostly no. The AG concluded that simultaneous service on the City Audit Committee and either SANDAG body would violate § 1099 because of overlapping audit jurisdiction. Service as MTS Internal Auditor…
Should the AG grant the City of California City leave to sue a councilmember in quo warranto for allegedly accepting a legally incompatible second public office on a health care district board?
Yes. The AG concluded there was a substantial legal question whether serving as both a city councilmember and an East Kern Health Care District board member violates Government Code § 1099, and that t…
Can a Californian serve at the same time on a city council and on the local water district board?
There is a substantial legal issue as to whether holding seats on the La Puente City Council and the La Puente Valley County Water District Board of Directors at the same time creates incompatible off…
Can a county supervisor in California also serve as the general manager of a special district like an airport district whose territory overlaps the county?
No. A Nevada County supervisor cannot also serve as general manager of the Truckee Tahoe Airport District. The two are incompatible public offices under Government Code section 1099 because the agenci…
Does serving on a California county board of education and a city council inside that county at the same time count as holding two incompatible offices?
Substantial legal questions exist about whether sitting on the Orange County Board of Education and the Tustin City Council at the same time violates the incompatible-offices rule in Government Code s…
Can the executive director or another employee of a California charter school also serve on the county board of education that oversees their school?
No. Charter school employees cannot serve on the county board of education in the county where their school is located. The incompatible offices doctrine and Education Code section 1006 both bar this …
Can someone simultaneously serve on a California county board of education and a city council within the same county?
There are substantial questions, the AG concluded, and granted Melissa Louden leave to sue Tim Shaw in quo warranto. Multiple potential clashes (school site location, eminent domain, school district r…
Can someone simultaneously serve as trustee of a California county board of education and a community college board with overlapping territory?
There are substantial questions, but the AG denied the application as moot. The AG concluded that holding both offices likely creates significant clashes of duty over property acquisition, joint contr…
Can someone simultaneously serve on a California healthcare district board and a community college board in the same area, especially when the two have a clinical-training affiliation agreement?
There are substantial questions, the AG concluded, and granted Lancaster leave to sue Michael Rives in quo warranto. The two boards' overlapping powers (real property, eminent domain, contracts with e…
Can a California county supervisor also sit on the local transportation commission and a regional transit JPA at the same time?
Yes. The Legislature expressly authorized supervisors to be appointed to local transportation commissions (Gov. Code § 29535) and to joint powers authority boards (Gov. Code § 6508). Those statutes ab…
Can the mayor of a California general law city also serve on the local fire protection district's board of directors?
Only as the city's designated appointee. The Riverbank mayor can simultaneously sit on the Stanislaus Consolidated Fire Protection District board if Riverbank itself appoints her under Health & Saf. C…
Can the same person serve on a California school district board and a local utility district board at the same time?
Probably not. The California Attorney General granted leave to sue under quo warranto, finding a substantial issue that the offices are incompatible because the utility district has authority to suppl…
Can the same person serve on a California healthcare district board and a city council or planning commission inside the district?
No. The Southern Mono Healthcare District board member cannot also sit on the Mammoth Lakes city council or its planning commission. Eminent domain power, contracting between the city and the district…
Can the same person serve on a California city council and as the county superintendent of schools at the same time?
No, where the city sits inside the county. The Concord City Council member and the Contra Costa County Superintendent of Schools positions are incompatible offices under Government Code section 1099. …
If only one person files for a California water district seat and the appointment to fill the seat would create incompatible-office issues, can the county board of supervisors decline to appoint?
No. Elections Code section 10515(a) requires the board of supervisors to appoint the unopposed candidate. The mandatory language admits no incompatibility-based discretion at the appointment stage. Bu…
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Attorney general opinions in California are written by the California Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.