The San Joaquin Delta Community College District has been granted permission by the California Attorney General Rob Bonta to sue to remove Trustee Kathleen Garcia from her Area 5 board seat for violating a government code prohibiting a person from simultaneously serving in two “incompatible” offices.
Garcia was elected to a four-year term on the Delta College board in 2020, but was appointed to the Eastside Rural Fire Protection Board of Trustees in November 2022, according to the opinion issued by the Attorney General’s office.
“A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two public offices that are incompatible,” reads California Government Code 1099.
The district argues that Garcia violated this code by accepting the fire district position, and therefore should have forfeited her position on the Delta board, according to the opinion.
The Attorney General’s Office lays out several points in favor of allowing Delta to pursue Garcia’s removal, saying conflict or the potential of conflict could arise between the two districts.
“Garcia has allegedly sought collaboration between the College District and the Eastside Rural Fire Protection District (and a third-party commercial ambulance service provider) to create an Emergency Medical Technician and Paramedic program at the community college,” reads the opinion. “And Garcia has allegedly advocated against the creation of such a program with a different fire protection district.”
A footnote expands on that claim: “According to the College District, Garcia asked the community college’s superintendent and president if Garcia should tell a different fire protection district who had expressed interest in the program to go ‘pound salt.’”
The Delta College Board unanimously approved a memorandum of understanding for an EMT pilot program at its Oct. 4, 2022, meeting, before Garcia was allegedly appointed to a position on the fire district board. The fire district is not mentioned in that MOU.
Delta is also concerned that the two districts could clash over real estate issues, noting that each district can acquire property “necessary to carry out the powers or functions of the district.”
According to the opinion, the Attorney General’s Office previously “concluded that two offices were legally incompatible because both entities ‘could seek to acquire the same property or the property of the other based on an asserted higher public use.’”
The ability of the fire district to enforce fire codes, charge fees and create service zones are all mentioned as additional areas of concern that could lead to conflicts.
“Again, what might be best for one district might not be best for the other,” reads the opinion.
Garcia did not provide a response to the Attorney General’s Office.
Garcia has not responded to requests for comment from The Collegian as of press time.
A subsequent lawsuit has not yet been filed, according to a search of court documents. College officials declined further comment.
“Unfortunately, we are unable to comment on pending legal issues,” said Alex Breitler, Delta’s director of Marketing and Communications.
Read the Attorney General Office’s Opinion here or at the Attorney General’s website.
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