CLAYTON -- City Councilman David Shuey is asking for a second opinion on whether a council member can also sit on the Clayton Valley Charter High School board.

Shuey, who was instrumental in the charter school's establishment and controversial breakaway from the Mt. Diablo Unified School District, wants a seat on the school board. But the Clayton City Attorney's Office advised against it.

The city would not release the memo, saying it is considered confidential under attorney-client privilege. But Shuey said he was told the two seats could be incompatible, as defined in the state's government code.

If a person is found to hold incompatible offices, he or she must resign from the first office, which in this case would mean Shuey would lose his council seat.

Shuey said he will ask the City Council on Tuesday to vote to authorize staff to ask the state Attorney General's Office for a second opinion.

Clayton Valley Charter High School opened this fall. The school board consists of representatives for the teachers, community and administration.

"It would be great to have a City Council member on the board to make sure it is not dominated by the teachers and to make sure the community input is strong," said Shuey.

David DeBolt covers Concord and Clayton. Contact him at 925-943-8048. Follow him at Twitter.com/daviddebolt.

IF YOU GO
What: Clayton City Council meeting
When: 6 p.m. Tuesday
Where: Clayton Community Library, 6125 Clayton Road
Details: http://www.ci.clayton.ca.us