AB 233

Under current law, unless specifically allowed by a statute, the common law

doctrine of incompatibility prohibits a person from holding two or more public

positions when the duties of each position might conflict, or when one position might

be seen as superior to the other. Currently, there is a statutory exception to the

common law doctrine of incompatibility that allows a school board member to serve

as a volunteer coach or extracurricular activity supervisor. This bill creates a similar

statutory exception that allows a school board member to serve as a volunteer school

bus driver.

Under the bill, an individual is allowed to serve as a school board member and

a volunteer school bus driver at the same time if the school board member 1) has

received a school bus endorsement from the Department of Transportation that

authorizes the school board member to operate a school bus, 2) holds a valid

commercial driver license, 3) does not receive compensation for serving as a

volunteer school bus driver, and 4) agrees to abstain from voting on any issue that

comes before the school board that substantially and directly concerns school bus

drivers. The bill further specifies that reimbursement for expenses incurred in

connection with providing volunteer services does not change a school board

member's status as a volunteer coach, supervisor, or school bus driver, including, in

the case of a volunteer school bus driver, reimbursement for the costs of training for

or renewing a required license or endorsement.