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MEMORANDUM <br /> <br />City Attorney's Office <br /> <br />DATE: JANUARY 11,2005 <br /> <br />TO: <br /> <br />FROM: <br /> <br />RE: <br /> <br />ALL MEMBERS OF CITY BOARDS AND COMMISSIONS <br /> <br />GREGORY P. PRIAMOS, CITY ATTORNEY <br /> <br />NEW ORDINANCE PROHIBITING MEMBERS OF CERTAIN CITY BOARDS AND <br />COMMISSIONS FROM SIMULTANEOUSLY HOLDING OTHER INCOMPATIBLE PUBLIC <br />OFFICE; OUR FILE NO. 05-2592.1 <br /> <br />The purpose of this memo is to advise you of the adoption by the City Council of an <br />ordinance that would prohibit members of certain City Boards and Commissions from <br />simultaneously holding other incompatible public office. Attached hereto is a copy of the <br />City Council memorandum regarding this ordinance. The ordinance shall take effect on <br />February 2, 2006. The ordinance only applies to members of the City's Planning <br />Commission, the Board of Library Trustees and the Board of Public Utilities. <br /> <br />The common law doctrine of incompatible public offices prohibits a person from <br />simultaneously holding two public offices if one of the offices has supervisory, auditory or <br />removal power over the other or if there would be any significant clash of duties or <br />loyalties in the exercise of official duties. California has now enacted Senate Bill No. <br />274, effective January 1, 2006, codifying this law by adding a new Section 1099 to the <br />Government Code, which provides, in part, the following: <br /> <br /> "A public officer, including, but not limited to, an appointed or elected member <br /> of a governmental board, commission, committee, or other body, shall not <br /> simultaneously hold two public offices that are incompatible. Offices are <br /> incompatible when any of the following circumstances are present, unless <br /> simultaneous holding of the particular offices is compelled or expressly <br /> authorized by law: <br /> <br /> (1) Either of the offices may audit, overrule, remove members of, <br />dismiss employees of, or exercise supervisory powers over the other <br />office or body. <br />(2) Based on the powers and jurisdiction of the offices, there is a <br />possibility of a significant clash of duties or loyalties between the offices. <br /> (3) Public policy considerations make it improper for one person to <br />hold both offices." <br /> <br />The City Council has now adopted Riverside Municipal Code section 2.10.020, entitled <br /> <br /> <br />