When Ohlone President Gari Browning learned that Nick Nardolillo might be living in Livermore, she asked the school’s attorney if the college was under any obligation to investigate the matter.
Below is the attorney’s response, dated Dec. 11, 2009, addressed to Ohlone executive Mike Calegari:
Dear Mr. Calegari,
I am responding to Dr. Browning’s inquiry to Paul Loya as to whether the District Superintendent or Governing Board has any legal obligation to investigate the possibility that a Board member may no longer be meeting the residency requirements mandated by law for holding the office of Governing Board member. We understand that neither the Superintendent nor the Board have actual knowledge of the nonresidency status of the Governing Board member at issue.
Based on the foregoing facts, we believe that the Superintendent and Governing Board have no legal duty or obligation to conduct an investigation of a nonresidency rumor. Since there is no statute or legal precedent requiring an investigation, there is no legal duty or obligation to take such action. For your information, we are aware that other districts have been faced with this same issue and have chosen not to investigate.
Please contact me or Paul if you have any questions.
Janice J. Hein
Attorney at Law
Atkinson, Andelson, Loya, Ruud & Romo