Alice Spearman, who has served on the Oakland school board since 2005, lost re-election last month to her challenger, James Harris. She soon filed a motion to declare Harris ineligible for her seat, saying the Oakland resident lived in the San Leandro school district and, thus, couldn't represent OUSD on the school board.
This week, Alameda Superior Court Judge Evelio Grillo made a tentative ruling, denying Spearman's motion. Here is the text of the ruling, made Tuesday:
"This Tentative Ruling is issued by Judge Evelio Grillo Petitioner's motion for an order declaring Real Party in Interest James Harris ineligible for, and enjoining him from assuming, the office of School District Director is DENIED. The Oakland City Charter expressly defines the boundaries of the School District's seven "School Directors' Districts": "The elected School Directors' Districts shall have the same boundaries as the seven [City] Council Districts." It also specifies that "District School Directors ... shall be required to have the same qualifications [as members of the Council]." Real Party in Interest Harris undisputedly lives within Council District Seven. He is therefore qualified to be elected to the corresponding School Director's District. The statutes Petitioner cites-Elections Code § 201 and Education Code § 35107 (as construed in Request of Tijerina & Revira (2000) 83 Ops. Cal. Atty. Gen. 181)-only dictate that, if Oakland's charter did not