• Subscribe to the AG's RSS Feed
  • Join the AG's FaceBook
  • Follow the AG on Twitter
  • View the AG's YouTube Channel
  • View the AG's Tumblr Page

Legal Opinions of the Attorney General - Monthly Opinion Report

The Attorney General’s Opinion Unit is responsible for researching and drafting the formal opinions of the Attorney General. This Monthly Opinion Report lists all of the questions that are currently under consideration for formal opinions.

If you would like to give us your input on any of these questions, the Opinion Unit would be delighted to hear from you. Please follow the instructions under How to Submit Views on Assigned Opinion Requests in the right side bar menu.

By law, the Attorney General is authorized to issue formal opinions only to certain public officials. Please see our FAQs page for more information about who may request an opinion, and how to request an opinion.

An embedded link is provided for viewing the published opinions. Please use Search for Opinions to look for more opinions.


Opinion Requests Assigned in July 2015

No opinion requests were assigned for this period.


Assigned Opinion Requests Pending

Opinion No. Question Assigned To
11-201

Is a California charter school and its board of directors subject to: a) the Ralph M. Brown Act; or b) the California Public Records Act; or c) the Political Reform Act of 1974; or d) Government Code section 1090; or e) the review and inspection of books and records, by a Grand Jury formed pursuant to Penal Code section 888? (Most notably, the Grand Jury whose function it is to investigate and inquire into county functions of civil concern, see also, Penal Code section 933.6)


Medeiros
11-705

May a court impose a probation condition on a DUI defendant to make a specified payment to the DUIRR Program?


Eisenberg
12-401

To facilitate compliance with Brady v. Maryland, may the California Highway Patrol lawfully release to the district attorney’s office the names of officers who have sustained complaints of dishonesty or moral turpitude conduct, with no information other than the officer’s name and date of earliest conduct, so that the district attorney may bring a Pitchess/Brady motion for in camera review of the officers’ personnel files? Does Penal Code section 832.7, subdivision (a), authorize the district attorney to directly review the personnel files of peace officers who will be prosecution witnesses?


Lee
12-409

May a contract city attorney also acting as a contract city attorney also act as "bond counsel" for the same municipality and be paid based on a percentage of the bond sale without violating Government Code section 1090?


Binsacca
12-1203

May a former local agency employee serve on that public agency's elected Board of Directors while still being carried on that agency's employee payroll solely for purposes of utilizing unused vacation leave remaining from his/her time as an active employee?


Eisenberg
13-304

In connection with a school or community college bond measure, does a district violate state law by contracting with a bond underwriter for both pre-election campaign services and post-election underwriting services?


Medeiros
13-403

Does Proposition 26 require that, prior to a County Board of Supervisors enacting an ordinance requiring a cable television company to pay to the County a PEG (public, educational, and governmental access) fee equal to one percent (1%) of the gross revenues under the Digital Infrastructure and Video Competition Act ("DIVCA"), the voters must first approve the imposition of such a fee?


Binsacca
13-901

Are reverse cellular phone kiosks "secondhand dealers" within the meaning of Business and Professions Code section 21626?


Binsacca
13-903

Does Government Code section 1090 prohibit a city agency from utilizing the services of a public relations firm that occasionally retains the services of a city council member for its non-city clients?


Nolan
13-904

Does state law preempt a local ordinance that would require dentists in that jurisdiction to provide their patients with a Dental Materials Fact Sheet and Statement of Rights before performing specified procedures?


Eisenberg
13-1101

May a county clerk charge the district attorney's office for certified court records?


Medeiros
13-1202

Are medical assistants legally permitted to perform basic pulmonary function testing, such as spirometry?


Daniels
13-1203

May health care professionals offer online discounts for their services through a third-party internet marketer?


Medeiros
14-101

May non-attorneys represent parties in (1) administrative proceedings conducted before the Office of Administrative Hearings, or (2) "due process hearings" conducted under the Education Code?


Medeiros
14-202

May the "premium" generated from a school district bond sale be used to pay for expenses of issuance and other transaction costs?


Nolan
14-301

May an attorney who sits on a city council represent clients with interests adverse to that city?


Daniels
14-302

Under the Brown Act open meetings law, may a community college board of trustees meet in closed session to discuss and negotiate the terms of a project labor agreement?


Daniels
14-304

Under state law, may local authorities restrict parking on public streets to those persons issued residential parking permits?


Russell
14-307

May an automated photographic enforcement system (AES) be used to detect and enforce violations of the anti-gridlock law (Veh. Code section 22526) at intersections where an AES is otherwise authorized?


Binsacca
14-403

What is the scope of intergovernmental immunity (Gov. Code sections 53090-53091) where a city owns and leases real property in an unincorporated area of a county?


Russell
14-603

Are the City of Fortuna's dog licensing ordinances authorized under state law?


Daniels
14-901

If a school superintendent's employment contract allows the superintendent to receive cash in lieu of medical benefits, may the school board members receive an equivalent sum in a whole life insurance policy in lieu of medical benefits?


Daniels
14-902

Must licensed subcontractors "pre-qualify" for school district projects under Public Contracts Code section 20111.6?


Medeiros
14-1203

Do technical failures on local agencies' websites violate online agenda posting requirements subject to the Brown Act open meeting laws? (Gov. Code section 54954.2.)


Binsacca
14-1206

Must Caltrans pay fees imposed by a county to cover the county's costs for inspecting and reporting on Caltrans surface mining operations within the county?


Russell
15-101

May the Prison Industry Authority deposit funds in a commercial bank account not subject to immediate access or control by other state agencies?


Binsacca
15-201

What are the reporting requirements under the Child Abuse and Neglect Reporting Act for consensual sexual acts between minors of a like age?


Eisenberg
15-301

Is the time for filing the report required under Business and Professions Code section 805 tolled when a healing arts "licentiate" requests a hearing on the action that triggered the filing requirement?


Binsacca
15-401

Quo warranto matter: May the same person simultaneously serve as a Director of the Water Replenishment District of Southern California and a member of the Carson City Council?


Daniels
15-402

What state oversight mechanisms may constitute “active state supervision” for purposes of the state action immunity doctrine in antitrust actions?


Lee
15-501

Quo warranto matter: Is a councilmember ineligible to serve on a city council for criminal conduct that occurred during an earlier term on the council?


Binsacca

Conclusions of Opinions Issued in July 2015

No opinions issued.

Opinions

Receive Opinions and Monthly Reports

How to Submit Views on Assigned Opinion Requests

The Attorney General welcomes and solicits the views of all interested persons concerning the legal issues raised in any question submitted for an opinion. Views should be in writing and directed to the deputy assigned to prepare the opinion. All views submitted before publication will be considered, but early submissions are greatly preferred. All submissions will be treated as public records subject to disclosure under the Public Records Act.

To submit your written comment, contact the deputy attorney general whose name appears next to the item of interest in the list of pending opinion requests appearing on this web page:

Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102

Deputy Attorney General
300 S. Spring Street
Los Angeles, CA 90013

Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004

Supervising Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102

Deputy Attorney General (Ret. Annt.)
1300 I Street
Sacramento, CA 95814

Deputy Attorney General
300 S. Spring Street
Los Angeles, CA 90013

Deputy Attorney General (Ret. Annt.)
1300 I Street
Sacramento, CA 95814

How to Submit a Question of Law for AG Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. For more information about requesting an opinion, please see our FAQs and the Guidelines for AG Opinions.pdf a downloadable resource provided for users' reference.

To submit a request, or to ask questions about how to submit a request, please contact:

  • Susan Duncan Lee
  • Supervising Deputy Attorney General
  • Office of the Attorney General
  • Opinion Unit, Dept. of Justice
  • 455 Golden Gate Ave., Suite 11000
  • San Francisco, CA 94102

  • Susan.Lee@doj.ca.gov


How to Request a Copy of an Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit:

  • Office of the Attorney General
  • Opinion Unit, Dept. of Justice
  • Attn. Stephanie Grimes
  • P. O. Box 944255
  • Sacramento, CA 94244-2550

  • Stephanie.Grimes@doj.ca.gov

  • Printed hardbound volumes of Opinions of the Attorney General of California (1943 to present) are available for purchase by contacting Lexis Publishing online store at www.lexisnexis.com/store/us/. Electronic based opinions dating back to 1960 are also available in the Lexis online database. Additionally, hardbound volumes are also an available reference in public law libraries.


Megan's Law

California Registered Sex Offender Database

Search Now

Megan's Law information is also available in these languages:

Site Navigation

Translate Website

  • Google™ Translation Disclaimer

This Google™ translation feature is provided for informational purposes only.

The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool.

Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business.

If you have any questions please contact:Bilingual Services Program at (916) 324-5482

A copy of this disclaimer can also be found on our Disclaimer page.

Select a Language Below / Seleccione el Idioma Abajo

Close this box or use the [ X ]