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<br />~'1 <br />In summary it is obvious that an individual acting in dual capacity in <br />.--the situations aforementioned would have to disqualify himself from any <br />determinations made in ,those issues and that in fact at the time such <br />issues present themselves to the bodies on which the individual is sitting, <br />depending upon the frequency that those issues present themselves, there <br />is a possibility that the offices so held may become incompatible. <br />Also the chances of incompatibility are much greater for a Councilman <br />acting in a dual capacity than they are for a Planning Commissioner. <br />At this time this office is not aware of the frequency that the above <br />entitled issues would present themselves to the Santa Ana City Council <br />and the Junior College District in question, therefore, it is our opinion <br />that if the above described issues do not present themselves except with <br />rare frequency, that there is no incompatibility between the offices of <br />a Trustee of a Junior College District and Santa Ana City Councilman <br />however, if it is later determined that these aforedescribed issues <br />present themselves with greater than rare frequency then it would be <br />the opinion of this office that the holding of the position of a trustee <br />of a Junior College District and a City Councilman of the City of Santa <br />Ana could,be determined to be incompatible by a court of law. The <br />consequences of such a finding by the court would be the automatic <br />forfeiture of the first office held. <br />,,,, Charles J. Liberto <br />Assistant City Attorney <br />CJL:po <br /> <br />43 <br />