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CONFLICT OF INTEREST OR INCOMPATIBILITY OF OFFICE
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CONFLICT OF INTEREST OR INCOMPATIBILITY OF OFFICE
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Last modified
1/3/2012 1:31:23 PM
Creation date
7/20/2010 11:53:08 AM
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Legal Opinions
Description
CONFLICT OF INTEREST OR INCOMPATIBILITY OF OFFICE
Date
9/5/1972
Agency
City Council
Notes
OPINION 72-21
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<br /> <br />OFFICE OF 'giE CITY ATTORNEY <br />OPINION NO. 72-21 <br />SEPTEMBER 5, 1972 <br />SUBJECT: Conflict of interest or incompatibility of office. <br />REQUESTED BY: Honorable Vernon S. Evans, City Councilman <br />OPINION BY: James A. Withers, City Attorney <br />Charles J. Liberto, Assistant City Attorney <br />QUESTION l: May a City Councilman of the City of Santa Ana <br />• also hold the office of Trustee of a Junior <br />College School District which is also located <br />within the city limits of the City of Santa Ana. <br />ANSWER: Yes <br />QUESTION 2s• Are the offices of councilmen and trustee in- <br />compatible under the common law doctrine of <br />incompatibility. <br />.-, <br />ANSWER: No, not necessarily, .but they could be under certain <br />circumstances. <br />ANALYSIS <br />This opinion necessarily involves many of those issues discussed in City <br />Attorney's Opinion 71-1, a copy of which is attached hereto. The <br />distinction between. opinion 71-1 and the present opinion is of course the <br />fact that opinion 71-1 dealt with the conflict of interest of incom- <br />patibility of a Planning Commissioner holding the office of Trustee of a <br />Unified School District, whereas this opinion involves the question of <br />a conflict of interest and incompatibility of a City Councilman holding <br />the office of Trustee of a Junior. College District. Both questions <br />involve the same basic issues which are discussed in opinion 71-1. <br />Without repeating the basic issues outlined in opinion 71-1 we will <br />simply state the principles discussed therein in regards to conflict of <br />interest are fully applicable to the factual situation. presented in this <br />opinion, and therefore we conclude that the holding of the office of <br />Trustee of a Junior College District by a Councilman of the City of <br />Santa Ana doesn't necessarily create a continuing conflict of interest. <br />In considering the question of incompatibility we again reiterate the <br />four tests set out in opinion 71-1 as follows: <br />1. Are the two positions held by the same persons both offices? In <br />this case yes as they were in opinion 71-1. <br /> <br />41 <br />
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