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Legal Opinions - Yearly Index

Opinions published in 2000

Opinion Question Conclusion Published
99-1219 In view of the qualification of Propositions 30 and 31 on the March 7, 2000 ballot, may public sector self-insured employers purchase special excess workers' compensation insurance policies effective January 1, 2000? Regardless of the qualification of Propositions 30 and 31 on the March 7, 2000 ballot, public sector self-insured employers may purchase special excess workers' compensation insurance policies effective February 1, 2000.

Official Citation: 83 Ops.Cal.Atty.Gen. 21
02/03/2000
99-1214 1. Is the Board of Corrections authorized to institute a legal action or impose sanctions against a local agency for a failure to bring a particular juvenile facility into compliance with the minimum standards established by the board?

2. When a local agency brings a particular juvenile facility into compliance with the minimum standards established by the Board of Corrections, is the state required to reimburse the local agency for the costs incurred in meeting the standards?
1. The Board of Corrections is not authorized to institute a legal action or impose sanctions against a local agency for a failure to bring a particular juvenile facility into compliance with the minimum standards established by the board.

2. When a local agency brings a particular juvenile facility into compliance with the minimum standards established by the Board of Corrections, the state is not required to reimburse the local agency for the costs incurred in meeting the standards.

Official Citation: 83 Ops.Cal.Atty.Gen. 111
05/02/2000
99-1213 1. If the City of Elk Grove is incorporated on March 7, 2000, will the offices of director of the Elk Grove Community Services District and city council member of the City of Elk Grove constitute incompatible public offices?

2. If so, what will be the consequences for a district director who is elected to the Elk Grove City Council?

3. May such newly elected city council member participate in filling by appointment the vacancy on the district board created by his or her election to the city council?
1. If the City of Elk Grove is incorporated on March 7, 2000, the offices of director of the Elk Grove Community Services District and city council member of the City of Elk Grove will constitute incompatible public offices.

2. A director of the community services district who is elected to the Elk Grove City Council will immediately forfeit his or her office on the district board upon commencement of the term of office on the city council.

3. A newly elected city council member may not participate in filling by appointment the vacancy on the district board created by his or her election to the city council.

Official Citation: 83 Ops.Cal.Atty.Gen. 53
02/25/2000
99-1212 Did Alameda County Deputy District Attorney Philip G. Daly fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in his office of Alameda County Deputy District Attorney? Alameda County Deputy District Attorney Philip G. Daly did not fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in his office of Alameda County Deputy District Attorney.

Official Citation: 83 Ops.Cal.Atty.Gen. 70
03/14/2000
99-1211 Did Alameda County Superior Court Commissioner Sue Alexander fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in her office of Alameda County Superior Court Commissioner? Alameda County Superior Court Commissioner Sue Alexander did not fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in her office of Alameda County Superior Court Commissioner.

Official Citation: 83 Ops.Cal.Atty.Gen. 63
03/08/2000
99-1208 May a private entity operating an amusement theme park deny entry to an off-duty or retired city police officer who is carrying a firearm where the park operator has a policy prohibiting entry to anyone carrying a firearm who is not then acting in an official capacity as a peace officer? A private entity operating an amusement theme park may deny entry to an off-duty or retired city police officer who is carrying a firearm where the park operator has a policy prohibiting entry to anyone carrying a firearm who is not then acting in an official capacity as a peace officer.

Official Citation: 83 Ops.Cal.Atty.Gen. 121
05/03/2000
99-1207 In calculating the populations of cities for purposes of membership on the governing board of a county air pollution control district, are state prison inmates to be included in the calculations? In calculating the populations of cities for purposes of membership on the governing board of a county air pollution control district, state prison inmates are to be included in the calculations.

Official Citation: 83 Ops.Cal.Atty.Gen. 76
03/27/2000
99-1205 May a reclamation district pay a demand warrant that it had issued and previously extended if the warrant was not presented for reissuance or further extension prior to its expiration date? A reclamation district may not pay a demand warrant that it had issued and previously extended if the warrant was not presented for reissuance or further extension prior to its expiration date.

Official Citation: 83 Ops.Cal.Atty.Gen. 205
09/22/2000
99-1201 May a city council enter into a development agreement with a joint powers agency where a city planning commissioner advises the city council with respect to the terms of the agreement and the commissioner's spouse serves as the city's representative on the joint powers agency? A city council may enter into a development agreement with a joint powers agency where a city planning commissioner advises the city council with respect to the terms of the agreement and the commissioner's spouse serves as the city's representative on the joint powers agency.

Official Citation: 83 Ops.Cal.Atty.Gen. 59
03/03/2000
99-1112 With respect to a charter city that has an ordinance prohibiting the fluoridation of the city's water supply, (1) does state law requiring the fluoridation of public water systems supersede the city's ordinance when outside funds are made available to install and operate fluoridation system, and if so, (2) what level of outside funding must be in place for a conflict to exist between state law and the city's ordinance? With respect to a charter city that has an ordinance prohibiting the fluoridation of the city's water supply, 1) state law requiring the fluoridation of public water systems supersedes the city's ordinance when outside funds are made available to install and operate a fluoridation system, and (2) sufficient outside funding to cover the capital and associated costs of installing a fluoridation system must be in place before a city must take action to install a fluoridation system and sufficient outside funding to cover operation and maintenance costs must be in place thereafter before a city must take action to operate the fluoridation system in any particular fiscal year.

Official Citation: 83 Ops.Cal.Atty.Gen. 24
02/18/2000
99-1111 May a California law enforcement agency destroy peace officer internal investigation files after a five-year retention period and peace officer personnel records five years after the officer has terminated employment with the agency when the destruction is solely a matter of administrative routine? A California law enforcement agency may destroy peace officer internal investigation files after a five-year retention period and peace officer personnel records five years after the officer has terminated employment when the destruction is solely a matter of administrative routine and no other factors are present that would establish "bad faith."

Official Citation: 83 Ops.Cal.Atty.Gen. 103
05/02/2000
99-1107 Is it a violation of the state's animal cruelty laws to conduct a "pigeon shoot" at which domestic pigeons are released from cages and shot for purposes of sport and amusement? It is a violation of the state's animal cruelty laws to conduct a "pigeon shoot" at which domestic pigeons are released from cages and shot for purposes of sport and amusement.

Official Citation: 83 Ops.Cal.Atty.Gen. 89
03/31/2000
99-1103 May school administrators at a public high school implement a policy requiring on an unannounced, random, and neutral basis that (1) pupils be directed to vacate their classrooms and leave behind their personal belongings, including backpacks, purses, jackets, and outer garments, for sniffing by canines trained in the detection of drugs, (2) the pupils would proceed to a location not within the immediate vicinity of the canines and would remain away from the canines at all times, and (3) if a canine's behavior indicated the presence of drugs, the pupil's personal belongings would be searched by the school administrators without the pupil's consent? School administrators at a public high school may not implement a policy requiring on an unannounced, random, and neutral basis that (1) pupils be directed to vacate their classrooms and leave behind their personal belongings, including backpacks, purses, jackets, and outer garments, for sniffing by canines trained in the detection of drugs, (2) the pupils would proceed to a location not within the immediate vicinity of the canines and would remain away from the canines at all times, and (3) if a canine's behavior indicated the presence of drugs, the pupil's personal belongings would be searched by the school administrators without the pupil's consent.

Official Citation: 83 Ops.Cal.Atty.Gen. 257
11/17/2000
99-1102 Does Saul Lankster's four-month appointment to the board of trustees of the Compton Community College District work a forfeiture of his office on the board of trustees of the Compton Unified School District, an advisory board to the Superintendent of Public Instruction that has no legal rights, duties, or powers of a governing board? Saul Lankster's four-month appointment to the board of trustees of the Compton Community College District does not work a forfeiture of his office on the board of trustees of the Compton Unified School District, an advisory body to the Superintendent of Public Instruction that has no legal rights, duties, or powers of a governing board.

Official Citation: 83 Ops.Cal.Atty.Gen. 50
02/25/2000
99-1101 1. Is land owned by an Indian Housing Authority pursuant to a grant deed from the United States Department of Housing and Urban Development, currently in use as a federally assisted low-income housing project for Native Americans, which is neither an Indian reservation nor an Indian allotment, a "dependent Indian community" under the circumstances presented?

2. Do the police and taxing powers of the state and its political subdivisions that are applicable generally to housing authorities also apply to the land of an Indian Housing Authority which is not "Indian country" but is currently in use as a federally assisted low-income housing project for Native Americans?
1. The land owned by an Indian Housing Authority pursuant to a grant deed from the United States Department of Housing and Urban Development, currently in use as a federally assisted low-income housing project for Native Americans, which is neither an Indian reservation nor an Indian allotment, is not a "dependent Indian community" under the circumstances presented.

2. The police and taxing powers of the state and its political subdivisions that are applicable generally to low-income housing projects of housing authorities also apply to the land of an Indian Housing Authority which is not "Indian country" but is currently in use as a federally assisted low-income housing project for Native Americans.

Official Citation: 83 Ops.Cal.Atty.Gen. 190
08/15/2000
99-1011 Does a city have a contractual obligation to provide paid health benefits to two former city council members who have served more than five years and more than twelve years respectively, where each was a member of the council in 1994 when the council adopted a resolution providing paid health benefits to former council members who serve at least five consecutive years, with the benefits continuing up to twelve years based upon the number of years served? A city has a contractual obligation to provide paid health benefits to a former city council member who has served more than twelve years, but not to one who has served less than twelve years, where each was a member of the council in 1994 when the council adopted a resolution providing paid health benefits to former council members who serve at least five consecutive years, with benefits continuing up to twelve years based upon the number of years served.

Official Citation: 83 Ops.Cal.Atty.Gen. 14
01/28/2000
99-1010 May the board of trustees of a school district extend health and welfare benefits to current members of the district's personnel commission? The board of trustees of a school district may extend health and welfare benefits to current members of the district's personnel commission.

Official Citation: 83 Ops.Cal.Atty.Gen. 6
01/18/2000
99-1001 Is a postsecondary educational institution that is not directly owned or operated by a church or similar religious entity but rather by a nonprofit tax exempt organization governed by an independent board of trustees under policies which follow specific religious tenets exempt from the requirements of the Sex Equity in Education Act? A postsecondary educational institution that is not directly owned or operated by a church or similar religious entity but rather by a nonprofit, tax exempt organization governed by an independent board of trustees under policies which follow specific religious tenets is exempt from the requirements of the Sex Equity in Education Act when a commitment to a religious purpose is manifest in its mission, as demonstrated by such traits as its historical origins, charter and bylaws, affiliation with a church or similar religious entity, and tax exempt status.

Official Citation: 83 Ops.Cal.Atty.Gen. 98
05/01/2000
99-907 May a county superintendent of schools provide a supplemental employee retirement plan that qualifies as a money purchase pension plan or a defined benefit plan under federal law to a limited number of employees as an incentive to take early retirement and in consideration of waiving certain employment-related claims against the county office of education, even where the effective date of the retirement precedes the window period for enrollment in the plan? A county superintendent of schools may provide a supplemental employee retirement plan that qualifies as a money purchase pension plan or a defined benefit plan under federal law to a limited number of employees as an incentive to take early retirement and in consideration for waiving certain employment-related claims against the county office of education, even where the effective date of the retirement precedes the window period for enrollment in the plan.

Official Citation: 83 Ops.Cal.Atty.Gen. 45
02/25/2000
99-804 Was the California Department of Transportation the "awarding body" for purposes of the prevailing wage law with respect to a contract executed by Amtrak and a private contractor for construction of a passenger rail station on property leased by Amtrak and owned by a private railroad company where the project was funded by a grant from the department awarded under provisions of the Clean Air and transportation Improvement Act of 1990? Under the circumstances presented, the California Department of Transportation was not the "awarding body" for purposes of the prevailing wage law with respect to a contract executed by Amtrak and a private contractor to construct a passenger rail station on property leased by Amtrak and owned by a private railroad company where the project was funded by a grant from the department awarded under provisions of the Clean Air and Transportation Improvement Act of 1990.

Official Citation: 83 Ops.Cal.Atty.Gen. 231
10/23/2000
99-803 1. May Cooperative Personnel Services perform examination, training, and management consulting services for its members and non-members with respect to the employment of personnel?

2. May Cooperative Personnel Services perform examination and related services for state agencies with respect to the issuance of professional and vocational licenses?
1. Cooperative Personnel Services may perform examination, training, and management consulting services for its members and non-members with respect to the employment of personnel.

2. Cooperative Personnel Services may not perform examination and related services for state agencies with respect to the issuance of professional or vocational licenses.

Official Citation: 83 Ops.Cal.Atty.Gen. 8
01/28/2000
99-802 May a school district deny a parental request for an individual waiver from the statutory mandate that all students be instructed in English on the sole ground that the district has no alternative program? A school district may not deny a parental request for an individual waiver from the statutory mandate that all students be instructed in English on the sole ground that the district has no alternative program.

Official Citation: 83 Ops.Cal.Atty.Gen. 40
02/25/2000
99-701 May money deposited in the San Diego-Coronado Toll Bridge Revenue Fund prior to March 26, 1992, that was appropriated for specified allocations in 1994, be deposited in the Toll Bridge Seismic Retrofit Account in the State Transportation Fund? Money deposited in the San Diego-Coronado Toll Bridge Revenue Fund prior to March 26, 1992, that was appropriated for specified allocations in 1994, may not be deposited in the Toll Bridge Seismic Retrofit Account in the State Transportation Fund.

Official Citation: 83 Ops.Cal.Atty.Gen. 94
04/17/2000
99-619 Is a court order, search warrant, or subpoena duces tecum required before a county coroner may release the medical or psychiatric records of a deceased person to police or district attorney investigators? A court order, search warrant, or subpoena duces tecum is not required before a coroner may release the medical or psychiatric records of a deceased person to police or district attorney investigators having jurisdiction over the criminal investigation.

Official Citation: 83 Ops.Cal.Atty.Gen. 32
02/23/2000
99-321 1. May two public entities and a mutual water company enter into a joint powers agreement to form a public financing authority for the purpose of issuing bonds under the Marks-Roos Local Bond Pooling Act of 1985?

2. If so, may the project funded by the bonds be located outside the jurisdiction of either of the two public entities?
1. Two public entities and a mutual water company may enter into a joint powers agreement to form a public financing authority for the purpose of issuing bonds under the Marks-Roos Local Bond Pooling Act of 1985 to finance the construction of projects authorized by the Joint Exercise of Powers Act over which the contracting parties exercise their common power.

2. The project funded by the bonds may be located outside the jurisdiction of either of the two public entities only if specified conditions are met.

Official Citation: 83 Ops.Cal.Atty.Gen. 82
03/28/2000
98-1007 This opinion was withdrawn on March 17th, 2000.

Official Citation: 83 Ops.Cal.Atty.Gen. 1
01/07/2000
00-1005 Did Henry Duque forfeit his office as a member of the California Public Utilities Commission when he purchased 700 shares of stock of a communications company subject to regulation by the commission? Whether Henry Duque forfeited his office as a member of the California Public Utilities Commission when he purchased 700 shares of stock of a communications company subject to regulation by the commission presents a substantial issue of law that warrants judicial resolution.

Official Citation: 83 Ops.Cal.Atty.Gen. 263
11/29/2000
00-708 May a member of the governing board of a joint powers agency cast a valid vote on a matter before the agency that is inconsistent with the position taken by the legislative body which appointed the member? A member of the governing board of a joint powers agency may cast a valid vote on a matter before the agency that is inconsistent with the position taken by the legislative body which appointed the member.

Official Citation: 83 Ops.Cal.Atty.Gen. 267
12/08/2000
00-706 1. May a person serve simultaneously as a deputy sheriff and a city council member?

2. May a city council, one member of which is a deputy sheriff, enter into a contract with the sheriff to provide police services to the city?
1. A person may serve simultaneously as a deputy sheriff and a city council member.

2. A city council, one member of which is a deputy sheriff, may enter into a contract with the sheriff to provide police services to the city, provided that the interest of the deputy sheriff is disclosed to the council and noted in its official records, and the deputy sheriff completely abstains from any participation in the matter.

Official Citation: 83 Ops.Cal.Atty.Gen. 246
10/23/2000
00-702 May the California Building Standards Commission continue to maintain and update through the publication of annual supplements the 1998 edition of the California Building Code, which is based upon the 1997 edition of the Uniform Building Code, and publish it as part of the 2001 edition of the California Building Standards code? The California Building Standards Commission may continue to maintain and update through the publication of annual supplements the 1998 edition of the California Building Code, which is based upon the 1997 edition of the Uniform Building Code, and publish it as part of the 2001 edition of the California Building Standards Code.

Official Citation: 83 Ops.Cal.Atty.Gen. 210
09/22/2000
00-701 May a gift certificate for a meal sold by a restaurant contain an expiration date? A gift certificate for a meal sold by a restaurant may not contain an expiration date.

Official Citation: 83 Ops.Cal.Atty.Gen. 243
10/23/2000
00-609 Is the California Commission on Teacher Credentialing required to deny a credential to an applicant who has been convicted of a sex offense listed in Education Code sections 44010 and 44424 that is not specified as a "violent or serious felony," where the applicant's probation has been terminated, and the information or accusation has been dismissed, but the applicant is not eligible to seek a certificate of rehabilitation and pardon because the offense was a misdemeanor instead of a felony? The California Commission on Teacher Credentialing is not required to deny a credential to an applicant who has been convicted of a sex offense listed in Education Code sections 44010 and 44424 that is not specified as a "violent or serious felony," where the applicant's probation has been terminated, and the information or accusation has been dismissed, but the applicant is not eligible to seek a certificate of rehabilitation and pardon because the offense was a misdemeanor instead of a felony.

Official Citation: 83 Ops.Cal.Atty.Gen. 251
10/24/2000
00-605 1. Is residence within a school district a qualification for election to the governing board of the district?

2. Did Donald Elholm comply with the residence qualification for election to the governing board of the Lost Hills Union School District?

3. Is continued residence within a school district required during the entire term of office of a governing board of member?

4. Have Donald Elholm and Santiago Gaona complied with the residence requirement for continued service as members of the governing board of the Lost Hills Union School District?

5. Is it in the public interest to grant the application for leave to sue in quo warranto to remove Donald Elholm and Santiago Gaona from office?
1. Residence within a school district is a qualification for election to the governing board of the district.

2. Whether Donald Elholm complied with the residence qualification for election to the governing board of the Lost Hills Union School District presents a substantial issue of fact.

3. Continued residence within a school district is required during the entire term of office of a governing board member.

4. Whether Donald Elholm and Santiago Gaona have complied with the residence requirement for continued service as members of the governing board of the Lost Hills Union School District presents substantial issues of fact.

5. It is not in the public interest to grant the application for leave to sue in quo warranto to remove Donald Elholm and Santiago Gaona from office.

Official Citation: 83 Ops.Cal.Atty.Gen. 181
08/08/2000
00-603 Does the prohibition against participation by a board member of the Los Angeles Metropolitan Transit Authority in a contract decision if he or she received in the past four years a campaign contribution exceeding $10 from a person submitting a proposal for the contract apply to (1) contributions received during the four years immediately prior to January 1, 1998, and (2) contributions received from persons who submitted proposals for the contract but were not selected by staff employees for approval and acceptance by the board? The prohibition against participation by a board member of the Los Angeles Metropolitan Authority in a contract decision if he or she received in the past four years a campaign contribution exceeding $10 from a person submitting a proposal for the contract applies to (1) contributions received during the four years immediately prior to January 1, 1998, and (2) contributions received from persons who submitted proposals for the contract but were not selected by staff employees for approval and acceptance by the board.

Official Citation: 83 Ops.Cal.Atty.Gen. 236
10/23/2000
00-601 Where a city council of a city with less than 200,000 in population has declared itself to be the city's redevelopment agency and the city's housing authority and conducts a unified meeting as a city council, redevelopment agency, and housing authority, may the council members receive the remuneration provided by law for members of a redevelopment agency and for commissioners of a housing authority if no business within the jurisdiction of the redevelopment agency or housing authority is conducted during the unified meeting? Where a city council of a city with less than 200,000 in population has declared itself to be the city's redevelopment agency and the city's housing authority and conducts a unified meeting as a city council, redevelopment agency, and housing authority, the council members may not receive the remuneration provided by law for members of a redevelopment agency or for commissioners of a housing authority if no business within the jurisdiction of the redevelopment agency or housing authority is conducted during the unified meeting.

Official Citation: 83 Ops.Cal.Atty.Gen. 215
09/29/2000
00-506 May the mayor of a charter city, who is designated as the executive head of the city by the city charter, attend a closed session of the city's redevelopment agency, the members of which are appointed by the mayor with the approval of the city council, when the purpose of the closed session is to conduct a conference with the agency's real property negotiators who are negotiating the disposition and development of property, a portion of which is owned by the city, for construction of a publicly financed and publicly owned city conference center and privately financed and developed hotel complex? The mayor of a charter city, who is designated as the executive head of the city by the city charter, may not attend a closed session of the city's redevelopment agency, the members of which are appointed by the mayor with the approval of the city council, when the purpose of the closed session is to conduct a conference with the agency's real property negotiators who are negotiating the disposition and development of property, a portion of which is owned by the city, for construction of a publicly financed and publicly owned city conference center and privately financed and developed hotel complex.

Official Citation: 83 Ops.Cal.Atty.Gen. 221
10/03/2000
00-410 Where a city charter requires city initiative petitions to be submitted in a form that complies with state law, may the city clerk reject a petition that does not contain a notice of intent with the name or names of the proponents of the initiative? Where a city charter requires city initiative petitions to be submitted in a form that complies with state law, the city clerk is required to reject a petition that does not contain a notice of intent with the name or names of the proponents of the initiative.

Official Citation: 83 Ops.Cal.Atty.Gen. 139
06/09/2000
00-405 1. May a general law county exercise its police power authority to require an industrial facility, not seeking any entitlement from the county, to use an inherently safer system or take a specific action, such as the use of particular equipment, manufacturing or refining processes, or management procedures, in order to protect public health or safety?

2. If so, would a county subject itself to a greater risk of liability under the Tort Claims Act by having its officers exercise their discretion in requiring an industrial facility to use an inherently safer system or take a specific action?
1. A general law county may exercise its police power authority to require an industrial facility, not seeking any entitlement from the county, to use an inherently safer system or take a specific action, such as the use of particular equipment, manufacturing or refining processes, or management procedures, in order to protect public health or safety.

2. A county would not subject itself to a greater risk of liability under the Tort Claims Act by having its officers exercise their discretion in requiring an industrial facility to use an inherently safer system or take a specific action.

Official Citation: 83 Ops.Cal.Atty.Gen. 195
08/31/2000
00-402 Where a private contractor operates a solid waste transfer station for a county, does the prevailing wage law apply to the contractor's employees who (1) collect fees from trash collection companies and others for unloading trash into the station's containers, (2) monitor the unloading to prevent the placement of hazardous materials into the containers, and (3) periodically transport the containers to a county operated landfill? Where a private contractor operates a solid waste transfer station for a county, the prevailing wage law does not apply to the contractor's employees who (1) collect fees from trash collection companies and others for unloading trash into the station's containers, (2) monitor the unloading to prevent the placement of hazardous materials into the containers, and (3) periodically transport the containers to a county operated landfill.

Official Citation: 83 Ops.Cal.Atty.Gen. 166
01/01/2000
00-306 Is a local public agency required to pay an employee who is a member of the California National Guard for the first 30 days of any declared emergency in the state regardless of the number of emergencies declared during a particular fiscal year? A local public agency is required to pay an employee who is a member of the California National Guard for the first 30 days of any declared emergency in the state regardless of the number of emergencies declared during a particular fiscal year.

Official Citation: 83 Ops.Cal.Atty.Gen. 148
07/12/2000
00-303 Did the recent amendment of Labor Code section 96, which requires the Labor Commissioner to take assignments of claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during non-working hours, abrogate existing law that permits the disciplining of peace officers for off-duty conduct occurring away from their place of employment that is otherwise lawful but conflicts with their duties as peace officers? The recent amendment of Labor Code section 96, which requires the Labor Commissioner to take assignments of claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during non-working hours, did not abrogate existing law that permits the disciplining of peace officers for off-duty conduct occurring away from their place of employment that is otherwise lawful but conflicts with their duties as peace officers.

Official Citation: 83 Ops.Cal.Atty.Gen. 226
10/10/2000
00-302 May an individual simultaneously serve as a member of the California Commission on Aging, the California Senior Legislature, and the Area Agency on Aging Advisory Council of California? An individual may simultaneously serve as a member of the California Commission on Aging, the California Senior Legislature, and the Area Agency on Aging Advisory Council of California.

Official Citation: 83 Ops.Cal.Atty.Gen. 153
07/25/2000
00-207 May a secrecy admonition order issued to a grand jury witness by the superior court on behalf of the grand jury contain a notice to third persons advising such persons that they ay be held in contempt of court if they induce or attempt to induce the witness to disclose anything that took place in the grand jury room? A secrecy admonition order issued to a grand jury witness by the superior court on behalf of the grand jury may not contain a notice to third persons advising such persons that they may be held in contempt of court if they induce or attempt to induce the witness to disclose anything that took place in the grand jury room.

Official Citation: 83 Ops.Cal.Atty.Gen. 161
07/26/2000
00-206 May a non-professional corporation, known as a management services organization, enter into an agreement with a labor union to select, schedule, secure, and pay for radiology diagnostic services ordered by the union's physician for union members and charge the union a fee for its management services? A non-professional corporation, known as a management services organization, may not enter into an agreement with a labor union to select, schedule, secure, and pay for radiology diagnostic services ordered by the union's physician for union members and charge the union a fee for its management services.

Official Citation: 83 Ops.Cal.Atty.Gen. 170
07/27/2000
00-205 Is a common law change of name valid in California? A common law change of name is valid in California.

Official Citation: 83 Ops.Cal.Atty.Gen. 136
06/09/2000
00-204 Is a bank required to pledge securities for deposits consisting of funds held in trust for employees of a local government as a compensation deferred from income taxation pursuant to the terms of Internal Revenue Code section 457? A bank is required to pledge securities for deposits consisting of funds held in trust for employees of a local government as compensation deferred from income taxation pursuant to the terms of Internal Revenue Code section 457.

Official Citation: 83 Ops.Cal.Atty.Gen. 175
08/02/2000
00-202 Is the County of Fresno the only unit of local government within the county that qualifies for an automatic designation as a "local area" for purposes of the federal Workforce Investment Act? The County of Fresno is the only unit of local government within the county that qualifies for an automatic designation as a "local area" for purposes of the federal Workforce Investment Act.

Official Citation: 83 Ops.Cal.Atty.Gen. 186
08/08/2000
00-201 Does federal law override state law prohibitions against the release of information to a public housing agency concerning whether an individual seeking admission to public housing is subject to a lifetime registration requirement under California's sex offender registration program? Federal law overrides state law prohibitions against the release of information to a public housing agency concerning whether an individual seeking admission to public housing is subject to a lifetime registration requirement under California's sex offender registration program.

Official Citation: 83 Ops.Cal.Atty.Gen. 143
07/12/2000
00-112 Is a public school district required to provide special education programs to a child with disabilities who has been voluntarily enrolled by a parent in a private school? A public school district is required to provide special education programs to a child with disabilities who has been voluntarily enrolled by a parent in a private school only to the extent that the programs can be purchased with the proportionate share of federal funds made available to the school district under the Individuals with Disabilities Education Act.

Official Citation: 83 Ops.Cal.Atty.Gen. 132
05/18/2000
00-111 1. May a school district make cash payments to members of its governing board in lieu of providing them with health insurance benefits?

2. If such cash payments are unauthorized, would making the payments constitute a criminal offense?

3. If such cash payments are unauthorized, may an individual bring a civil action for reimbursement against those members of the governing board who received the unauthorized payments?
1. A school district may not make cash payments to members of its governing board in lieu of providing them with health insurance benefits.

2. Making such unauthorized cash payments may constitute a criminal offense, depending upon the individual circumstances.

3. A civil action for reimbursement may be brought by affected individuals or organizations, taxpayers, or the Attorney General against those members of the governing board who received the unauthorized cash payments.

Official Citation: 83 Ops.Cal.Atty.Gen. 124
05/03/2000

How to Request an Attorney General’s Opinion

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, see our FAQs.

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


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