Modesto councilman-elect must decide whether to resign from board

As he prepares to take office this week, the first decision facing Modesto City Councilman-elect John Gunderson is whether to resign from the Stanislaus Union School District board.

Gunderson, who won a two-way race to represent District 1 in northwest Modesto, said last week he won't make the decision until meeting with City Attorney Susana Alcala Wood on Monday.

The substitute teacher wants to keep the health benefits that are provided through his school board position. But a state law prohibits elected officials from simultaneously holding "incompatible offices."

"If I don't have to resign, I won't," Gunderson said.

Apparently, he is not convinced by legal opinions from the state attorney general's office that have concluded it's inappropriate to serve on a school board and city council when their territories overlap. Part of northwest Modesto lies within Stanislaus Union's boundaries.

The Fair Political Practices Commission cautions potential office seekers about state Government Code section 1099, concerning incompatible offices. According to the FPPC's Web site, a person may not hold two public offices "if there is a significant clash of duties or loyalties between the two offices, or public policy considerations make it improper."

In such cases, an office holder elected to a second office usually is expected to give up the first.

Gunderson, 54, has said the $2,000-a-month salary for council members was one of his motivations for running, but he didn't learn until after the Nov. 8 election that council members are not entitled to the city's health coverage.

Councilman Brad Hawn said Friday that members of the council need to focus their energies on the city's business.

"I don't know how anybody could do both with the amount of attention it takes for each office," he said. "It takes a lot of time and hard work to do it right."

The winners in the Nov. 8 city election will take the oath of office at 5:30 p.m. Tuesday in the council's chamber at Tenth Street Place.

Aside from the flap over the school board seat, Gunderson said he looks forward to touring city facilities as part of the orientation for new council members. When asked about plans for his first year in office, he said priority should be given to educating the public about the cost of retirement benefits for city employees.

The other council newcomer, Dave Cogdill Jr., said Friday he's eager to begin work on economic development and employee pension reform.

Modesto voters approved three advisory measures Nov. 8 calling for reduced retirement benefits for city employees. "Those measures gave the voters a seat at the negotiating table and now it is up to us to implement their wishes," said Cogdill, councilman-elect for District 6 in northeast Modesto.

Construction could start next year on the 43-acre Mary Grogan Park in Cogdill's district. The park north of Sylvan Avenue, next to Enochs High School, is expected to have soccer fields and other amenities.

About $6.2 million in fees collected from developers and property owners is available to pay for the first phase; the city is talking with the Modesto Youth Soccer Association about maintaining the soccer complex through user fees, tournament admissions and other activities.

"It's a great opportunity for that portion of Modesto and the entire city with the revenue that's brought in from (regional) soccer tournaments," Cogdill said. "We lose a lot of money like that to Ripon and Turlock."

With his election to a second four-year term, Councilman Dave Lopez shifts from District 1 to District 3 in central Modesto.