CONFLICT OF INTEREST OR INCOMPATIBILITY OF OFFICE

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the nature and duties of the two offices are such as to render it imp.~-o~~er from considerations of public policy ror one per -son ~' to retain both. The true test is whether the two of=icea are incompatible in~th~eir natures, in the xights, duties or obliga- tions connected with or flowing frorn them." The powers and duties of the planning commission are fairly clearly and succinctly set, forth in (Sec. 910 of) Santa ~.na's charter as follows: [T~o prepare and maintain a master plan for the physical development of the ,city, etc.; make tudies and plans for Lture ci.~ric land use; prepare a ten year c~ital improve.:~ent progra^1, etc.; exercise such functions as to l~ncl subdivision, mooning, etc. as may be prescribed by ordinance;`and make such studies and inve3tigations as it may deem necessary for the formulation of planning etc.] (Santa Ana Charter § 910) The po~~~ers and duties of the governing board of any school district of a unified school district are set forth in the education code sections 1001 through 1035. Generally spea7:ing thesc-+ sections relate to the internal management by their elected representatives. ode havo been able to elicit no specific duty therein imposed which is incompatible to the specific poorer and duties of a plenning commissioner. A school district or unified school district is an agency of thy: ~ state and as such in some respects is superior in power to a city. For instance, a city may not impose its will through ordinances on a school district where those ordinances would have the effect of diminishing the schools right to make its own decisions con- . cerning its business affairs. Similarly, a school may erect its scYiool facilities in any location it deems proper without regard to city zoning. Furthermore, it may build its buildings in accordance with the state requirements and not concern ~.tself with city building regulations which may be in conflict with them. CONCLUSION. In view of the foregoing it is difficult to conceivo of any situa- tion th~nt may arise in the future that :could render the perfo:::: ~~:nee of one office incompatible with the performance of~the other. It is our conclusion therefore, that a planning commissioner ~~ho is also an elected officer of a school board is not di~qualificci :From ~•ontinuing his official post with the city by reason "conF'~ict o interest," or "incompatibility of office." ' r~ 46