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HUSD school board required to address legality of trustee serving on two local boards
Posted 12/18/20

As a result of the November 3, 2020 election, HUSD welcomed two new board members and welcomed back Dr. Luis Reynoso after he was re-elected to his fourth term as trustee. In the same election, Dr. Reynoso was also elected to a seat on the board for the Chabot-Las Positas Community College District (CLPCCD).

 

It was recently brought to the school district’s attention that simultaneously serving on both of these boards violates the law. In our legal duty to uphold state law and CA Education Code, the HUSD Board of Education held a special closed session meeting on Thursday, December 17 to discuss with legal counsel the implications of Dr. Reynoso serving on both boards and the liability this could present for the district. Ultimately, the board decided to first allow Dr. Reynoso to resolve this conflict of interest matter himself by withdrawing from one of these positions. This means he can choose to remain on the HUSD school board, and should that be his choice, his continued service to HUSD students and families would be welcome.

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California Government Code 1099(a)

“A public officer shall not simultaneously hold two public offices that are incompatible [when] … there is a possibility of a significant clash of duties or loyalties between the offices.”

 

Attorney General Opinion 83 Ops.Cal.Atty.Gen. 50, 3, (2000)

“The offices of trustee of a school district and trustee of a community college district with overlapping boundaries would be found to constitute incompatible offices.”

 

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