Q If a member of a county hospital‘s board of trustees continues to serve in that capacity after his term expires without being appointed by the board of supervisors, will that invalidate actions taken by the board of trustees?

A If the trustee is serving as a “de facto officer,” his actions and those of the board of trustees are valid and binding; however, the individual is liable to all penalties imposed by law for usurping or unlawfully holding the office. Furthermore, the individual cannot claim compensation or fees of the office. (Attorney General’s Opinion to Hall, August 31, 2012)