Two Fresno Unified School District trustees will not resign despite allegations by the teachers association that they have violated state conflict-of-interest laws by holding seats simultaneously on two school boards.

In a statement released Friday, school district officials said a state commission's memorandum in 2009 indicates that more than one school board member may serve on a charter school board simultaneously. Because of this interpretation, school district officials said, Carol Mills and Janet Ryan can serve on the Fresno Unified board and on the board of Fresno Innovative Charter Schools, which operates Dailey Elementary Charter School.

Earlier this month, the Fresno Teachers Association called for Mills and Ryan to resign and said the union would seek their prosecution if they did not.

FTA President Greg Gadams reiterated that position Friday and said the union will file a complaint next week with the Fresno County District Attorney's Office.

The union alleges the dual posts for Mills and Ryan create a conflict of interest because Fresno Unified oversees Dailey. The district chartered the elementary school, which opened two years ago.

Fresno Unified Superintendent Michael Hanson also serves on the Dailey board.

At issue is wording in a section of the Education Code that says a school district board that establishes a charter school "shall be entitled to a single representative" on the charter board.

Gadams argues that Hanson, Mills or Ryan can serve on the Dailey board, but not all three of them.

Fresno Unified said Friday that a California Law Revision Commission Memorandum issued in December 2009 states that a chartering district is allowed "at least one seat" on a charter school board.

Therefore, Fresno Unified is not limited to one Dailey board seat, district officials said.

Gadams disagreed: "For them to twist 'a single representative' to 'at least one seat' is a total stretch. It means a single representative, not start at one and keep going."

He said he is not familiar with the California commission's memorandum.

The state Attorney General's Office has previously found that school board members were in violation of conflict-of-interest laws when they also held offices on a city council or a city planning commission.

But the attorney general never has issued a legal opinion on the compatibility of school district and charter school boards, a spokeswoman said earlier this month.

Without investigating the complaint against Fresno Unified, the attorney general could not know whether the trustees were in conflict, the spokeswoman said.

Correction: The original story and headline incorrectly reported that a state commission’s review indicates two Fresno Unified trustees who are serving on a board overseeing Dailey Elementary Charter School are not violating state conflict-of-interest laws. A 2009 memorandum by the California Law Revision Commission, which indicated that more than one school board member may legally serve on a charter board, addressed charter schools and chartering districts in general but did not specifically review the Fresno Unified case.