Attorney General office has granted the Calexico Unified School District the right to sue Joong Kim for holding to incompatible offices

By Mario Conde

The State Attorney General office has granted the Calexico Unified School District the right to sue Joong Kim for holding to incompatible offices.

The Calexico Unified School District and Trustee Joong Kim received a letter for Marc Nolan from the Office of Attorney General Kamala Harris and which he notified the district that their application to leave to sue  District Board Trustee Joong Kim for his alledge holding of two incompatible public offices was granted. The grounds for intiatiating a quo warranto are set forth in the Code of Civil Procedure Section 803 in which the people of the State can request action to inviduals who are holding, intruding or unlawfully holds or excersises any public office in the State.

Noland said in the letter that they have concluded that calexico city council member and school board trustee are incompatible when the terrotiorial jurisdiction of two offices overlap.

“We recognize that Trustee Kim disagrees with our conclusion that the two offices he holds are incompatible, but we nonetheless we find that there is, at very least, a substantial issue as to their incompatibility, and thus his eligibility to hold them both at the same time.” Noland said on the letter.

Even with the answer by the Attorney General’s Office, Kim told the Calexico Chronicle that he will continue fighting to keep both seats and continue serving on both boards.

“The District keeps spending money on lawyers to get me out of the board instead of using the money for the benefit of the children.” Kim said. When asked he has considered in resgning to either board, he said that that is not in his plans and wants to continue with both.

Kim has held  several fundraisers recently at the Calexico Community Center in order to pay for his lawyers and keep fighting to remain on the school board and council.

Joong Kim was elected to the Calexico School Board in 2010 and was elected along with Trustee’s Norma Aguilar and Ruth Duarte. Two years later, he decided to run for the Calexico City Council where he succesfully got one of the three available positions in the very competivie 2012 City Council election. However, Kim did not resign as school board trustee after his election to city council and remained there after being sworn to City Council. He was allowed to remain on the school board as a “De facto” member with voting until the attorney general ruled on a decision. This set the marked the first time in the political history of Calexico that one person held City Council and School Board at the same time.

The Calexico School Board will move forward with this legal action againts Kim.