Hollister council makes appointments amid conflict of interest concerns

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Despite concerns over a potential conflict of interest, the Hollister City Council unanimously agreed Aug.4 to appoint Julio Rodriguez to the Hollister Planning Commission. 

The council also appointed former county supervisor Peter Hernandez to the Planning Commission and Eric Watt to the Airport Advisory Commission.

In March, Rodriguez was appointed to the at-large seat of the San Benito County Local Agency Formation Commission (LAFCO), joining four elected officials on the board. 

District 1 Councilman Rudy Picha nominated Rodriguez to serve on the Planning Commission despite the fact that Rodriguez doesn’t reside in Picha’s district, saying that he couldn’t find anyone else to serve. 

Rodriguez was nominated for LAFCO by Board of Supervisors chairman Kollin Kosmicki, replacing longtime public member Richard Bettencourt, in an acknowledged effort to promote slow-growth policies.

LAFCO bodies were formed by the state legislature to encourage the orderly formation of local governmental agencies, to preserve agricultural land resources and to discourage urban sprawl, according to the California Association of LAFCOs.

LAFCO has approval authority over some types of land use decisions after they are first discussed by the Hollister Planning Commission, including sphere of influence and annexation. 

Hollister City Attorney Mary Lerner said Government Code 1099 prohibits a public officer from holding two public offices that are incompatible. Lerner said that the California Attorney General’s Office provides opinions on whether two offices are incompatible.

“If Mr. Rodriguez accepts the planning commission position and is determined to be an incompatible office, by law the LAFCO position is automatically abandoned,” Lerner said.

According to code 1099, two offices are incompatible when either of them may audit, overrule, or exercise supervisory powers over the other body, and where there is a possibility of a significant clash of duties or loyalties between the offices. 

In a similar case in 2024, Attorney General Rob Bonta opined that a person cannot serve on the San Benito County Planning Commission and the San Benito County Board of Education, citing code 1099. He said both agencies have a potential of conflict of interest as both agencies may participate in land use decisions in the same county if the board of education pursues building a new school.

In that opinion, Bonta stated that “only ‘one potential significant clash of duties or loyalties’ is necessary to make offices incompatible.”

According to the California Association of Clerks and Election Officials, the courts have prohibited individuals from holding two offices where there are conflicting interests or where the nature of the duties of the two offices renders it improper because of considerations of public policy.

Rodriguez said he consulted with LAFCO Executive Director Jennifer Stephenson and that he was ready to accept the appointment and “resolve if there are any discrepancies or possible conflicts of interest” later. 

“I wouldn’t be here accepting that appointment if I did feel it was a conflict of interest,” he said.

Rodriguez later said he would prioritize the Planning Commission if there was a conflict. 

According to code 1099, if the two offices are incompatible, the officer forfeits his first office “upon acceding to the second.”

Lerner did not immediately respond to BenitoLink’s inquiry as to whether an appointment is official upon approval of the board, or when the officer is administered the oath of office. 

Hollister City Clerk Jennifer Woodworth said Rodriguez’s term does not begin until he is sworn in. 

Councilmember Rolan Resendiz said he supported the appointment and that to complete it Rodriguez still needed to be sworn in, thus giving the appointee more time to look into a potential conflict. 

The next scheduled Planning Commission meeting is set for Aug. 28.

Resendiz said it is common for public officials to be on different boards.

“When you serve on multiple agencies, and you think there is potential conflict, then you should consult with your staff, your legal team, and you recuse yourself if and when you need to because we do it all the time,” he said.

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