Los Angeles County Office of Education Directory Gary Mendez Accused of Concurrently Holding Incompatible Positions in Central Basin
In California, the incompatible office rule, established in 1940 and codified into Government Code section 1099, prohibits public officials from holding two offices that have conflicting duties or where one office may have supervisory, administrative, or audit authority over the other. This rule is designed to avoid conflicts of interest and ensure separation of powers within local government.
Recently, this rule has come into focus in the case of Gary Mendez, a member of the Whittier Union High School District (WUHSD) and the Central Basin (CB) board. Mendez has been serving in both roles, but the Los Angeles County Office of Education (LACOE) has concluded that the offices of School Board Trustee and Director, Central Basin Water District are incompatible.
The incompatibility is based on overlapping geography, the underlying functions of the school district and water district, conflicting roles or clash of duties, multiple opinions issued by the Attorney General, and Attorney General publications. For instance, CB provides a large amount of the WUHSD's water requirement and sets the rates for the water that the WUHSD sells to other local agencies through its own operations.
A formal Quo Warranto complaint was filed by Whittier Union to remove Trustee Gary Mendez. The complaint was filed on January 10, 2025, alleging that Mendez's dual roles could potentially lead to conflicts of interest. If a rate issue between CB and WUHSD came before the CB board, Mendez's dual roles could indeed create a conflict of interest.
Mendez has been fighting his removal from WUHSD since January 10, 2025. This is not the first time Mendez has faced controversy. In August 2021, the California Youth Martial Arts Academy and Education Foundation, run by Mendez, was suspended by the IRS.
Despite the ongoing controversy, Mendez continues to conduct business under the nonprofit after the revocation. Moreover, Mendez won his WUHSD seat in 2022 and his CB seat in 2024, indicating strong support from the community. However, Central Basin Board VP Mendez is currently ahead in the Central Basin elections.
The California Attorney General has previously determined that the offices of trustee of a school district and director of a municipal water district are incompatible. The LACOE has confirmed this conclusion, stating that the potential for conflicts of interest and loyalties between the two roles is significant.
As the case unfolds, Mendez and the involved parties will need to review state constitutional provisions, statutory law, and applicable court rulings to determine if specific dual office-holding is allowed in their circumstances. The incompatible office rule, designed to maintain transparency and fairness in local government, will undoubtedly play a crucial role in this decision.
- The California Attorney General has previously issued opinions stating that the offices of trustee in a school district and director in a municipal water district are incompatible, as seen in the case of Gary Mendez.
- The community news outlets should closely await the resolution of the Quo Warranto complaint filed against Gary Mendez, as it could have significant implications on policy-and-legislation related to dual office-holding in local government.
- As the case progresses, it's essential to keep track of events, as they may shape the community's opinion regarding the compatibility of holding positions in a school district and a water district, like the ones Mendez currently holds.
