Q May an individual hold the positions of deputy superintendent and city council member simultaneously?

A The Attorney General’s Office is unable to opine on whether the Deputy Superintendent exercises core powers, but the AG does note generally the term “deputy” and the apparent position of the individual directly under the district superintendent does suggest the job is in the upper level of government affairs. The job does not appear to be centered on merely administrative matters, and the job certainly could implicate involvement in substantial policy matters. If the Deputy Superintendent could be delegated duties co-extensive with that of the superintendent, then the position would arise to the level of exercising core powers. Whether the Deputy Superintendent exercises core powers is a factual matter which is unable to be determined by way of official opinion. If the Deputy Superintendent exercises core powers, then by accepting the position of city council person, he would automatically vacate his current position. If the District re-employed the individual, then his office as a city council person would be vacated. (Attorney General’s Opinion to Turner, October 30, 2015)