CONFLICT OF INTEREST OR INCOMPATIBILITY OF OFFICE

Home Browse Search

2. Is one office subordinate to and subject to the appointive or removal .power of the other? The answer is no, since the City Council is not subordinate. nor subject to the appointive or removal power of the Trustees of the Junior College District and vice versa. 3. Are there statutory provisions against the dual office holding? There is nothing contained in the State Constitution, State Code, Santa Ana City Charter, nor the•Santa Ana Municipal Code, that prohibits simul- taneous holding of the office of City Councilman of the City of Santa Ana and Trustee of a Junior College District. 48 Ons Attv Gen 141. 4. Do the guidelines established by the basic common law establish an incompatibility of public offices exist? If the offices of City Council- man of the City of Santa Ana and Trustee of the local Junior College District are to be found incompatible they would have to be found in- compatible under the tests as stated in this item number 4. Z'he test is a subjective one and is dependent upon the facts of each individual case. In turtlior discussing the tact sot out in item number 4 above it should loo noL-oc1 ghat thorn are sevoral situations where a college district and a City Council may engage in direct relationships or may contract with each other. For instance: 1) Under the Education Code contracts between the school district and ,~ the city are authorized for establishing, improving or maintaining recreational facilities. Education Code ~ 16655. 2) Boards of Trustees may enter into arrangements with the city making the college library a branch of the city library. Education Code 7205. 3) College districts may sell, exchange, grant, or quit claim real property to any city. Education Code 16201. 4) Districts are further authorized to dedicate public utility easements and street and highway right of ways to cities. .Education Code ~ 16251. 5) Districts are .also allowed to contract with cities for the services of City Health Officers. Education Code Section 11703. 6) In eminent domain proceedings, either public body can condemn property of the other where a superior use can be shown. Code of Civil Procedure ~ 1240 (3) . 7) In the establishment of a city master plan, the city may chart the location of future schools. Gov. Code §65303(8). It is apparent that a Councilman would perform all the functions listed in items 1-7 above whereas a Planning Commissioner would perform only the function listed in Item 7 above, and then only in an advisory capacity. A Councilman on the other hand would be performing Item 7 in a legislative capacity. 4 2 `'