State AG offers legal opinion on Daly City city clerk's post

By Neil Gonzales

ngonzales@bayareanewsgroup.com
Posted: 12/21/2010 07:00:49 PM PST
Updated: 12/21/2010 07:00:50 PM PST

Annette Hipona, city clerk of Daly City, didn't have to leave her seat on the local school board after she was elected to the city post two years ago, state Attorney General and governor-elect Jerry Brown said in a recent legal opinion.

State law does not prohibit an elected city clerk from also serving on the school board in the same city, according to the opinion obtained by the Metropolitan News-Enterprise, a Los Angeles newspaper focused on law, the courts and other issues.

The opinion pleased Hipona, who was elected as city clerk in November 2008 while still serving on the board of the Daly City-based Jefferson Elementary District.

"I have always believed that (the positions of) school board member and city clerk were not incompatible since they (have) no connection with each other," Hipona said Tuesday in a statement to the Times. "Before I even considered running for city clerk, I did extensive research regarding this situation and found no conflict. It is nice to be vindicated."

Hipona recalled that some city and school leaders believed at the time there was a conflict of interest, creating the appearance of impropriety.

"I could not put the school district in a negative position with concerns of conflict of interest, even though there was none," said Hipona, who resigned from the Jefferson board in March 2009.

"I loved my time on the school board," she added. "Children and education have always been important to me. ... (This opinion) will provide an opportunity for city clerks to serve on the school board."

San Mateo County Counsel Michael Murphy asked for the opinion following Hipona's election as city clerk, the Metropolitan News-Enterprise reported. Murphy could not immediately be reached for comment Tuesday.

As part of his opinion, the Metropolitan News-Enterprise reported, the attorney general determined that the offices of city clerk and school trustee are compatible because neither has authority over the other.

Hipona also earned a measure of vindication in 2009 when a county civil grand jury report concluded that Daly City was unjustified in slashing her pay from $101,374 to $52,988 a year and recommended that the decision be reversed.

However, the city argued that the reduction was justified based on financial and personnel factors, and Hipona's pay was not restored.

Contact Neil Gonzales at 650-348-4338.

http://www.mercurynews.com/san-mateo-county/ci_16915277?nclick_check=1