Posted on 03/14/2005 8:34:32 AM PST by NormsRevenge
SACRAMENTO - Attorney General Bill Lockyer has denied a Reedley grower's request for permission to sue a state board member who earned money on the side as a consultant.
Lockyer determined Thursday that Daniel Zingale, a member of the Agricultural Labor Relations Board, should not be removed from the board for earning $50,000 last year campaigning against a November ballot initiative.
State labor code Section 1150 states ALRB members are not to engage in any other business, vocation or employment outside of their work on the board.
Farmer Dan Gerawan - whose family business has had cases before the ALRB - had argued that Zingale violated the law and should lose his spot on the board.
In November, Gerawan asked Lockyer for permission to sue Zingale in what is called a quo warranto action. Such an action is used to remove a person from public office.
The attorney general must approve all quo warranto actions filed by private individuals to protect public officers from frivolous lawsuits. Quo warranto is a Latin term that means "by what authority."
In denying Gerawan's request, Lockyer said Zingale's consulting work appears to violate state labor code but is not grounds for his removal from the board.
Zingale's "performance of outside paid consulting work while serving as a board member does not, in itself, work a forfeiture of his office," states the legal opinion, citing several court cases as evidence. The labor code does not specify a penalty for breaking the rules, and the governor has the ability to remove a board member for neglect of duty or malfeasance in office, the opinion states.
--snip--
Zingale makes nearly $10,000 a month serving full time on the ALRB, which regulates employer- employee relations in the agriculture industry. His term expires in 2007.
(Excerpt) Read more at sacbee.com ...
.. add the Gub to the end of the title.
Gov. Arnold Schwarzenegger decided against removing Zingale from the board, saying his consulting work did not amount to malfeasance.
Hell, if Zingale was to be stripped of his job, Lockyer would have to step down too.
Can't upset the good ol' boys club.
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