Delta College can sue to remove Kathleen Garcia from trustee board, Attorney General rules

California Attorney General Rob Bonta has granted San Joaquin Delta Community College District permission to sue Kathleen Garcia to remove her as a board trustee.

The judgment comes after Garcia violated a government code prohibiting a person from simultaneously holding two "incompatible" public offices.

Garcia did not respond to the AG's office or The Record's requests for comment.

Garcia defeated incumbent Stephan Castellanos and Bruce Giudici in the 2020 general election for the Area 5 seat on the San Joaquin Delta College Board of Trustees. Area 5 comprises eastern San Joaquin County, Calaveras County, and southeastern Sacramento County.

Her term ends on Dec. 13, but the seat may soon be vacated if Delta College pursues legal action.

A search of online court records showed that a lawsuit had not been filed as of Wednesday, Jan. 3.

Delta College officials declined to comment.

"We are unable to comment on pending legal issues," stated Alex Breitler, a spokesman for the college.

The conflict stems from Garcia's November 2022 appointment to the Eastside Rural Fire Protection District Board of Trustees, whose powers include fire protection, emergency medical services, and related education and training programs.

The fire protection district is located in unincorporated areas east of and adjacent to Stockton, and it falls within a portion of the college district’s territory in San Joaquin County.

Delta College argues that Garcia's simultaneous office-holding violates California Government Code 1099 and that she forfeited her position on the Delta College board when she was appointed to the fire protection district board, according to the opinion.

"A public officer ... shall not simultaneously hold two public offices that are incompatible ... unless simultaneous holding of the particular offices is compelled or expressly authorized by law," the government code reads.

In the eight-page document, Bonta's office outlined several reasons for accepting Delta College's application for leave to sue, including potential conflicts of interest between the two districts.

The college district claims Garcia sought collaboration between the college district, the fire protection district, and a third-party commercial ambulance service provider to create an emergency medical technician and paramedic program at Delta, according to the opinion.

Delta College went on to allege that Garcia advocated against the creation of a similar program with a different fire protection district and claims Garcia asked the college's superintendent and president if she should tell the other fire protection district to "go pound salt."

According to the opinion, California Government Code 1099 "provides that assumption of a second office that is incompatible with the first results in forfeiture of the first office, which is enforceable by a superior court action in quo warranto."

Quo warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold their public office.

When a person or entity wants to pursue a quo warranto action, they must apply for and obtain the attorney general’s consent, the AG's office stated.

"In determining whether to grant consent, we do not attempt to resolve the merits of the controversy. Rather, we consider whether quo warranto is an available and appropriate remedy, whether the application raises a substantial issue of law or fact that warrants judicial resolution, and whether authorizing the quo warranto action will serve the public interest. Here, the answer to all three questions is 'yes.'"

Record reporter Hannah Workman covers news in Stockton and San Joaquin County. She can be reached at hworkman@recordnet.com or on Twitter @byhannahworkman. Support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.

This article originally appeared on The Record: Delta College can sue to remove Kathleen Garcia from trustee board