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sr-cao opinion-032379Az~, ; ,+, CITY ATTORL7EY OPINION ~.l =~, ~`r~{l Opinion Ido. 79-66 March 23, 1979 ~. ~,,;, SUBJECT: Eligibility of School Employees and their Relatives or Spouses to run for the Santa Monica School Board REQUESTED BY: Joyce Snider, City Clerk OPINION BY: Stephen Shane Stark, Assistant City Attorney QUESTION PRESENTED Are employees of the Santa Monica Unified School District, such as teachers, teacher`s aides;. and gard:ener~,.or their relatives or spouses, eligible to run for election to the Unified School District Board of Education? OPINION School employees and their spouses may run for election to the School Board, but probably must resign from their employ- ment in order to serve. Relatives of employees may run and serve if elected. The conclusion that a School District employee may not serve on the Board of Education is based on Section 35233 of the Education Code which provides: "No member of a governing board of any school district shall be interested in any contract made by the board n:whieh he is a member:" e To similar effect is Government Code Section 1126(a): "A local agency, officer or employee shall not engage in any employment activity or enterprise for compensation cahich is inconsistent, incom- patible, in conflict with, or inimical to his 7 w t __ ~x duties as a local agency officer or employee or with the duties, functions or responsibilities of h9.s appointing power or the agency by which he is employed." It is clear that school district employees have con- tractual relationships with the school district, and that the spouses of employees have a direct financial interest in such contracts. PQOreover, as was stated in Haskins y. State 51.6 P. 2d 1171,` (V7yo 1973) :' _ - ". an employee carrying out a function of the Board of Education which he serves is continually under the jurisdiction and authority of the Board, is hired by that Board and may be fired by it, and is con- stantly subject to its .supervision, . in all good faith and without thought of personal gain, the teachers' goals and aims in performance of his teaching duties may be at variance with the resources of his district and the general stahdards of the community." All of the cases which have been found dealing with the subject appear to have held or recognized that a school teacher does not have a right to serve as a member of the school board, or similar body, which governs the school district in which the school teacher is employed. See annotation:: "Teacher as Member of School Board" 70 A.L,R,. 3d'1188,_Visotcky vc Gar- field 113 N.J. Super 263, 273 A. 2d 597 (1971); Haskins v. State 516 P. 2d 1171 {iVyo: 1973); Ferguson v, True 66 I[y.. 255 18 (1867); Clifford v. School Commi tee of Linn, 275 Mass. 258, 175 N.E. 634 (1931). -2- The Attorney General of this state has ruled that since the spouse of a teacher has a direct and indirect pe- cuniary interest in the contract between the teacher and the Board,. he cannot legally serve as a governing board member in a school district where his wife is a tenured teacher. 21 Op. Atty. Gen. 2.28. This opinion is fundamentally based on the joint or community property rights of husband and wife. The same principle that bars the spouse of a school dis- trict employee from serving on the Board, may serve to invalidate a contract for the employment of a minor child of a school board member, 5 Cp. Atty. Gen. 6, since the earnings of a minor child under control of its parents belongs to its parents. However, if the earnings of an employed relative are the separate property of a relative, that person may run fer and serve on the school board. This principle has been applied in a ruling that a school district was nct prevented from employing an adult daughter of a member of its governing board, notwithstanding that she lived with her father and shared living expenses with him.._ The conflict of interest provisions of the Education Code that prevent-the service on a school board of a board em- ployee or his or her spouse do not constitute a bar to that person's running for office. Rather, the conflict of interest rule seems to compel the resignation from employment of the board member or spouse upon installation to office. APPROVED: ~ STEPHE,J SHANE STARf:, ~ )" ' Assistant City Attorney ~ ~.Z RICHARD L:'~I.iICKERBOCKER,~ City Attorney -3- CI^tY ATTORNEY OPITdION Opinion No. 79-67 bSarch 23, 1979 SUBJECT: Charter Amendment Petition Procedures REQUESTED BY: Joyce-Snider, City Qlerk OPINION BY: Stephen Shane Starlc, Assistant City Attorney ITdTRODUCTIOTd This opinion confirms oral advice given to the City Clerk about the procedure for qualifying a petition for a Charter Amendment as a proposal to be submitted to the voters at a municipal election, The opinion is rendered in the con- text of Proposition "A", the Rent Control Charter Initiative to be submitted to the voters at the April 10, 1979 General Municipal Election, The deadline for submitting registered voters signatures caas January 5, 1979; 5,037 signatures were necessary for qualifications. The proponents of the measure submitted about 10,000 signatures on December 27, 1978. QUESTIONS PRESENTED 1. P4ay signatures submitted after the formal sub- mission of the petition on December 27, 1978, but before the deadline of January 5, 1978 be accepted for filing by the Clerk and included in the County verification process? 2. T4ay the circulator of a Charter Amendment petition circulate for additional signatures if the County Registrar finds the petition to have an insufficient number of registered voters' jai STEPHEN SHANE STARK, Assistant City Attorney APPROVED: ity Attorney -3-