The following opinion is now available on the Attorney General’s site:
MARK TARDIF, a registered voter and resident of the Orange County Department of Education’s First Trustee District, has applied to this office for leave to sue REBECCA “BECKIE” GOMEZ in quo warranto to remove her from her public office as a member of the Orange County Board of Education representing the Department of Education’s First Trustee District. The application asserts that Gomez, while serving her term on the County Board of Education, assumed a second and incompatible public office as a member of the Tustin City Council, in violation of Government Code section 1099, and by doing so forfeited her seat on the Board of Education.
We conclude that there is a substantial legal issue as to whether Gomez is simultaneously holding incompatible public offices as a member of both the Orange County Board of Education and the Tustin City Council. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED.