A lawsuit accusing Delta College Area 5 Trustee Kathleen Garcia of simultaneously holding two public offices in violation of California Government Code 1099 has been filed.
Garcia was served on Feb. 16 and has 30 calendar days to file a response, according to court documents.
In November 2020, Garcia was elected to the Board of Trustees at San Joaquin Delta College for a four-year term. Two years later, Garcia was appointed to the Board of Trustees for the East Side Rural Fire Protection District for a four-year term, without forfeiting her seat at Delta College, according to an opinion issued by the Attorney General’s office on Nov. 30 authorizing the lawsuit.
“On information and belief, since Nov. 28, 2022, Defendant has usurped, intruded into, unlawfully held and exercised the office of Trustee for the San Joaquin Delta Community College District,” read exhibit 1 in the complaint.
“‘Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices…When two offices are incompatible, a public officer is deemed to have forfeited the first office upon acceding to the second,” according to Government Code 1099 (a) and (b).
According to the opinion, Delta is also concerned that Garcia has allegedly sought collaboration between the districts. Most notably, when the community college planned to create an Emergency Medical Technician and Paramedic program, Garcia advised against pursuing a program with any other districts, according to the Attorney General’s opinion.
“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,’” read a footnote in the opinion.
Other potential clashes of duties and loyalties listed in the Attorney General’s opinion include acquiring real estate/property, the ability of the fire district to enforce fire codes, and levy fees, and creating service zones.
In December 2023, public listings indicate Garcia sold her house on Guernsey Avenue, located in the East Side Rural Fire Protection District. Her current address listed on the Delta College website, 3460 S. Highway 99 #16, is located in the Montezuma Fire District. It is unclear whether Garcia remains on the East Side Rural Fire Protection board.
The Collegian reached out to a number listed on the San Joaquin Local Agency Formation Commission website for the East Side Rural Fire Protection board for clarification as to whether Garcia could still serve on the board if she didn’t live in the area. The answering party declined to comment.
Former board president Janet A. Rivera, who last May signed documents filed as part of the lawsuit, declined comment..
“The board doesn’t comment on personnel matters or litigation,” said Rivera, who is now Vice President on the Delta College Board of Trustees.
Delta College Director of Marketing and Communications Alex Breitler also said the college doesn’t comment on pending litigation.
Complaint
