The State of California has a doctrine of incompatible offices. It says a person can't sit on any governmental body that has supervisorial authority over another body on which that person also serves. The coastal commission governs land use and public access on the coast and rules on issues dealing with ports including the Port of San Diego. As a result, the coastal commission's executive director Peter Douglas says Scott Peters must relinquish the port post if he wants to be on the coastal panel.
"It's an awkward situation obviously. I wish there had been a little bit more consultation with us before it moved ahead. We've been in this situation before unfortunately."
Peters says he's waiting to hear back from the Governor Schwarzenegger's office before he makes a decision.
"If I had to choose, I would choose to remain on the port commission and decline the appointment to the coastal commission as an alternate. Al though I really appreciate the governor's confidence in me in making that appointment."
Peters is a former San Diego City Councilman who served on the commission coastal commission from 2002 to 2005.