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Trustee resignation cited after AG opinion says county board seat and city planning commission may be incompatible
Summary
Board discussed a May 2024 Attorney General advisory and outside counsel advice indicating the offices of county board of education member and city planning commissioner appear incompatible under Government Code section 1099; the board noted Trustee Cohen Thompson submitted a resignation effective July 29, 2024 from the Vallejo Planning Commission.
The board discussed recent legal guidance on holding multiple public offices and reviewed a letter from board leadership to a trustee regarding potentially incompatible offices.
Staff summarized outside counsel’s view and an Attorney General advisory that, under Government Code section 1099, serving simultaneously on the County Board of Education and a city planning commission appears incompatible. As staff stated, “Given that Government Code section 1099 precludes holding both offices, the board, through a letter from President Ginger Dunn, proposed to Trustee Cohen Thompson that she consider resigning from the planning commission if her goal was to continue serving on the Solano County Board of Education.”
Trustee Cohen Thompson submitted a resignation to the Vallejo Planning Commission effective July 29, 2024, staff said, and trustees discussed that attorney general opinions are advisory and that the law itself has not changed—clarifying the opinion provided additional analysis for the specific arrangement. Trustees asked about whether the trustee remains on the November ballot and whether the resignation resolves lingering eligibility questions; staff said the election process may address remaining questions.
The board did not take further formal action; counsel was present and available to answer trustee questions about the scope and applicability of the advisory opinion.
