November 3, 2020 Candidate Packet - Flipping Book Version

Under existing California law, no Board member may hold another public office where the two offices are incompatible. Taking an incompatible second public office results in the automatic forfeiture of the first office. [(66 Ops. Cal. Atty. Gen 176 (1983)] While there is no statute that defines what an “incompatible office” is, a common law doctrine precludes public officials from holding two different public offices simultaneously if the offices have overlapping and conflicting public duties. Courts have summarized the doctrine as follows: “One individual may not simultaneously hold two public offices where the functions of the offices concerned are inherently inconsistent, as where there are conflicting interests, or where the nature of the duties of the two offices is such as to render it improper due to considerations of public policy for one person to retain both.” Mott v. Horstmann (1950) 36 Cal.2d 388; see also, Chapman v. Rapsey (1940) 16 Cal.2d 636 The Attorney General’s Office has issued many opinions as to whether certain offices are incompatible or not. Here are five examples of offices that the Attorney General Offices has opined were incompatible: 1) The offices of city councilman and school district board member where the city and the school district have territory in common; 2) The positions of fire chief of a county fire protection district and member of the board of supervisors of the same county; 3) The offices of trustee of a high school district and trustee of an elementary school district which is wholly within the geographic boundaries of the high school district; 4) Water district director and a city council member; and, 5) A water district director and a school district trustee having territory in common. Additional information on holding two offices can also be found on the FPPC’s website at: http://www.fppc.ca.gov under the link, “Learn,” and by viewing the, “Public Officials and Employees Rules,” page for the information on Conflict of Interest. Mid-Peninsula Regional Open Space District Candidates must meet the eligibility requirements listed on the previous page. Candidates are also required to file a Nomination Petition with a minimum of 50 valid signatures of registered voters who live within the Ward in which the candidate is to be voted on. Santa Clara Valley Water District Candidates must be a resident of the district and sub-district, registered voter and otherwise qualified to vote for the office. Candidates are also required to file a Nomination Petition with a minimum of 20 valid signatures of registered voters who live within the sub-district in which the candidate is to be voted on. South Santa Clara Valley Memorial District A candidate for the South Santa Clara Valley Memorial District must also be a veteran. Proof of veteran status can be fulfilled by filing a copy of Discharged Certificate Form DD214.

11