Conflict or no conflict?

Reporter Julie Drake wrote about Michael Rives, who was sworn in by the hospital board on 8 Dec 20 and by the college on 11 Dec 20. Lancaster Mayor Parris & Palmdale Mayor Hofbauer state that Rives’ roles “…violates Government Code section 1099… which prohibits any person form ‘simultaneously hold[ing] two public offices that are incompatible…’” This occurs when there is a “…possibility of a significant clash of duties or loyalties…” AV Press, 20 Dec 2020.

Rives is qualified, having an interest in government by holding offices in “…junior high school, high school and college.” He was involved in campaigning for John F. Kennedy and was responsible for getting a social security branch in the Antelope Valley during his failed bid for Congress in 1976. He relocated to Lancaster in 2007. Before speaking at the Lancaster City Council, Rives goes “…through the agenda… pick out issues that… need to be discussed… go online to research in order to be prepared. “Meet Michael Rives, Candidate for Lancaster City Council”, AV Times Feb 2012

The legal action Parris might pursue appears to be a quo warranto, which is “…a special form of legal action used [to determine] whether a specific person has the legal right to hold the public office…” “What Is Quo Warranto?” https://oag.ca.gov/ opinions/quo-warranto. Quo Warranto can’t be filed “… without the approval of the Attorney General… but by filing an application. Both parties have the ability to submit arguments. “…The person holding multiple offices… has the burden to prove the offices are compatible.” The People, ex rel. Lacey v. Robles, pg. 13.

After Parris submits his brief, I would suggest that Rives attach to his brief letters from legal counsel from the hospital and the college board explaining why there would not be a conflict to serve on both boards. Vincent White

Lancaster