Salinas Sues Castañeda; Seeks Office Ouster, $5,000 Fine

After months of threats, the city of Salinas has sued Councilman Jose Castañeda for holding two public offices, claiming the dual role creates a conflict of interest.

On July 9, Salinas filed a complaint at the Monterey County Superior Court seeking to oust the councilman from his position as a trustee at the Alisal Union School District and to fine him $5,000.

Castañeda was elected to city council in 2012 and has been on the AUSD board of trustees since 2002. City officials say holding the simultaneous positions is illegal. Because the councilman refused to abandon his chair at the school district, the Salinas City Council in March decided to seek approval from the Attorney General’s office to sue him and force his resignation. The AG’s approval came last week.

According to the July 9 complaint Castañeda has “usurped, intruded into, and unlawfully held” the school board position since being sworn into city council on Dec. 18, 2012.

The two positions cannot be held simultaneously because the school district and city have overlapping territory and a “clash of duties is likely to arise,” the complaint says. The school district operates 11 elementary schools, all of which are located in Salinas. Also, the district and city have entered into several agreements including recreation agreements for school parks.

Further, the city is involved in a lawsuit that could impact school district funding.

“The City and AUSD have adverse interests in the litigation,” the complaint against Castañeda says. “This is the type of clash of loyalties which the incompatible activities doctrine is intended to prevent.”