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Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2001

Opinion Question Conclusion Published
01-905 Is Ahmad Mansur unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and relocation Board as a result of the removal of Andrew Wolff from such office? Whether Ahmad Mansur is unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and Relocation Board as a result of the removal of Andrew Wolff from such office does not warrant the initiation of an action in quo warranto.

Official Citation: 84 Ops.Cal.Atty.Gen. 206
12/07/2001
01-703 May the board of trustees of a community college district approve a selective reclassification of a classified employee's position if the employee's spouse is a member of the board of trustees and the reclassification makes the employee eligible for an increase in salary? The board of trustees of a community college district may not approve a selective reclassification of a classified employee's position if the employee's spouse is a member of the board of trustees and the reclassification makes the employee eligible for an increase in salary.

Official Citation: 84 Ops.Cal.Atty.Gen. 175
10/25/2001
01-608 Did Gary Mendez abandon his residence within Trustee Area No. 4 so as to cause a forfeiture of his office as a member of the Board of Trustees of the Rio Hondo Community College District? Whether Gary Mendez abandoned his residence within Trustee Area No. 4 so as to cause a forfeiture of his office as a member of the Board of Trustees of the Rio Hondo Community College District does not present a substantial question of law or fact requiring judicial resolution.

Official Citation: 84 Ops.Cal.Atty.Gen. 154
08/30/2001
01-604 Are Gail Woodson, Harry Riebe, and Galen Whitney unlawfully holding public offices as members of the Board of Directors for the Florin Resource Conservation District? Whether Gail Woodson, Harry Riebe, and Galen Whitney are unlawfully holding public offices as members of the Board of Directors for the Florin Resource Conservation District presents a substantial question of law requiring judicial resolution.

Official Citation: 84 Ops.Cal.Atty.Gen. 135
08/23/2001
01-504 May a grand jury hire an expert for the purpose of investigating a nonprofit corporation established by or operated on behalf of a public entity? A grand jury may not hire an expert for the purpose of investigating a nonprofit corporation established by or operating on behalf of a public entity.

Official Citation: 84 Ops.Cal.Atty.Gen. 169
10/24/2001
01-502 May a person serve simultaneously as a member of a city planning commission and as a member of a school district board of trustees if the city and the school district have territory in common? A person may not serve simultaneously as a member of a city planning commission and as a member of a school district board of trustees if the city and the school district have territory in common.

Official Citation: 84 Ops.Cal.Atty.Gen. 91
07/09/2001
01-408 May a county charter grant the board of supervisors the authority to remove for cause by a four-fifths vote the sheriff, district attorney, and other county officers upon due notice and opportunity to be heard? A county charter may grant the board of supervisors the authority to remove for cause by a four-fifths vote the sheriff, district attorney, and other county officers upon due notice and opportunity to be heard.

Official Citation: 84 Ops.Cal.Atty.Gen. 88
07/02/2001
01-406 1. Where a natural hazard disclosure statement is required in the sale of residential property, how soon after the acceptance of the buyer's offer is the seller required to deliver the statement?

2. If the seller is required to deliver a natural hazard disclosure statement but fails to do so by the time transfer of title is to take place, may the buyer terminate his or her offer to purchase the property?
1. Where a natural hazard disclosure statement is required in the sale of residential property, the seller must deliver the statement to the buyer promptly under the circumstances and prior to the transfer of title.

2. If the seller is required to deliver a natural hazard disclosure statement but fails to do so by the time transfer of title is to take place, the buyer may terminate his or her offer to purchase the property.

Official Citation: 84 Ops.Cal.Atty.Gen. 141
08/24/2001
01-316 1. May a school district deny all applications for pupil admissions that are based upon a parent's employment within the district where the reasons for the denial is that the district's school facilities are overcrowded at the relevant grade level?

2. May a school district that has admitted an elementary school pupil based upon a parent's employment within the district deny the pupil continued attendance at a school within the district because of overcrowded school facilities at the relevant grade level?

3. May a school district deny all applications for interdistrict attendance agreements that are based upon the child care needs of the pupil where the reason for the denial is that the district's school facilities are overcrowded at the relevant grade level?

4. May a school district that has entered into an interdistrict attendance agreement based upon the child care needs of the pupil deny the pupil continued attendance at a school within the district because of overcrowded school facilities at the relevant grade level?
1. A school district may deny all applications for pupil admissions that are based upon a parent's employment within the district where the reason for the denial is that the district's school facilities are overcrowded at the relevant grade level.

2. A school district that has admitted an elementary school pupil on the basis of a parent's employment within the district may not deny the pupil continued attendance at a school within the district because of overcrowded school facilities at the relevant grade level.

3. A school district may deny all applications for interdistrict attendance agreements that are based upon the child care needs of the pupil where the reason for the denial is that the district's school facilities are overcrowded at the relevant grade level.

4. A school district that has entered into an interdistrict transfer agreement based upon the child care needs of the pupil may not deny the pupil continued attendance at a school within the district because of overcrowded school facilities at the relevant grade level.

Official Citation: 84 Ops.Cal.Atty.Gen. 198
11/19/2001
01-314 Where a city councilman owns 48 percent of the shares of an architectural corporation, with the remaining shares owned by three other licensed architects, and the corporation leases its premises from the councilman, may one of the other three architects establish a separate firm for the purpose of contracting with the city to provide architectural services utilizing the corporation's premises, employees, and equipment if the corporation bills the firm for its pro rata share of the rent, employee's services, and use of equipment, and the corporation does not share in the profits of the firm under the city's contracts? Where a city councilman owns 48 percent of the shares of an architectural corporation, with the remaining shares owned by three other licensed architects, and the corporation leases its premises from the councilman, one of the other three architects may not establish a separate firm for the purpose of contracting with the city to provide architectural services utilizing the corporation’s premises, employees, and equipment even if the corporation would bill the firm for its pro rata share of the rent, employees’ services, and use of equipment, and the corporation would not share in the profits of the firm from the city’s contracts.

Official Citation: 84 Ops.Cal.Atty.Gen. 158
09/05/2001
01-310 With respect to a resident-owned mobile home park with covenants, conditions,and restrictions in effect prior to January 1, 2001, that prohibit the keeping of pets by owners, is the prohibition applicable to owners who purchase their spaces after January 1, 2001? With respect to a resident-owned mobile home park with covenants, conditions,and restrictions in effect prior to January 1, 2001, that prohibit the keeping of pets by owners,the prohibition is applicable to owners who purchase their spaces after January 1, 2001.

Official Citation: 84 Ops.Cal.Atty.Gen. 163
09/26/2001
01-307 May a school district prohibit teachers from wearing political buttons while attending Back-to-School Night, an annual event where teachers meet with parents to discuss the curriculum and related matters for the coming school year? A school district may not prohibit teachers from wearing political buttons whileattending Back-to-School Night, an annual event where teachers meet with parents to discussthe curriculum and related matters for the coming school year.

Official Citation: 84 Ops.Cal.Atty.Gen. 106
07/12/2001
01-306 1. Is City of Pasadena Ordinance No. 6847, which authorizes that the International Building Code, the International Residential Code, the International Plumbing Code, the International Fuel and Gas Code, and the International Mechanical Code may be deemed by the city's building official as an approved alternate for materials, designs, and methods of construction, consistent with the law?

2. Does state law allow model building codes other than those adopted in the California Building Standards Code to be deemed by a local jurisdiction as "approved alternate" authority to the California Building Standards Code for purposes of approving materials, designs, and methods of construction for buildings constructed in California?
1. City of Pasadena Ordinance No. 6847, which authorizes that the International Building Code, the International Residential Code, the International Plumbing Code, the International Fuel and Gas Code, and the International Mechanical Code may be deemed by the city's building official as an approved alternate for materials, designs, and methods of construction, is not consistent with state law.

2. State law does not allow model building codes other than those adopted in the California Building Standards Code to be deemed by a local jurisdiction as "approved alternate" authority to the California Building Standards Code for purposes of approving materials, designs, and methods of construction for buildings constructed in California.

Official Citation: 84 Ops.Cal.Atty.Gen. 209
12/12/2001
01-301 Upon replacement of the California Library Services Act cooperative library system programs, may a cooperative library system continue to operate, with or without state funding? Upon replacement of the California Library Services Act cooperative librarysystem programs, a cooperative library system may continue to operate, with or without statefunding, depending upon the particular circumstances present.

Official Citation: 84 Ops.Cal.Atty.Gen. 100
07/11/2001
01-214 May the spouse of a state employee contract to provide goods or services to the employee's department if the employee neither participates in the department's decision to enter into the contract nor engages in the spouse's business? The spouse of a state employee may contract to provide goods or services to the employee’s department if the employee neither participates in the department’s decision to enter into the contract nor engages in the spouse’s business.

Official Citation: 84 Ops.Cal.Atty.Gen. 131
08/17/2001
01-213 1. Are the mandatory provisions of Penal Code section 834b concerning cooperation, verification, and notification with respect to persons arrested who are suspected of being present in the United States in violation of federal immigration laws subject to enforcement by local law enforcement officers?

2. May a local law enforcement officer, during a detention of a Spanish-speaking person for otherwise valid purposes, question the person as to his or her immigration status?

3. May an arrested person's immigration status be investigated by local law enforcement officers prior to arraignment?
1. The mandatory provisions of Penal Code section 834b concerning cooperation, verification, and notification with respect to persons arrested who are suspected of being present in the United States in violation of federal immigration laws are not subject to enforcement by local law enforcement officers.

2. A local law enforcement officer, during a detention of a Spanish-speaking person for otherwise valid purposes, may question the person as to his or her immigration status. However, a local officer may not question an individual as to immigration status solely because the individual speaks Spanish or other non-English language.

3. An arrested person's immigration status may be investigated by local law enforcement officers prior to arraignment.

Official Citation: 84 Ops.Cal.Atty.Gen. 189
11/16/2001
01-211 May a law enforcement officer seize a firearm from a person on the basis that the person is the subject of an “emergency protective order”? A law enforcement officer may seize a firearm from a person on the basis that the person is the subject of an “emergency protective order” if the order includes an existing restraining order as specified in Family Code section 6218.

Official Citation: 84 Ops.Cal.Atty.Gen. 117
07/25/2001
01-209 May a school district, without issuance of a subpoena or court order or parental consent, allow the district attorney to view a videotape of an assault upon a student by another student that was recorded on the security camera of a school bus? A school district may, without issuance of a subpoena or court order or parental consent, allow the district attorney to view a videotape of an assault upon a student by another student that was recorded on the security camera of a school bus, depending upon the particular circumstances.

Official Citation: 84 Ops.Cal.Atty.Gen. 146
08/27/2001
01-207 Does the voters' adoption of Proposition 36, effective July 1, 2001, repeal the deferred entry of judgment program for narcotics and drug abuse cases? The voters’ adoption of Proposition 36, effective July 1, 2001, does not repeal the deferred entry of judgment program for narcotics and drug abuse cases.

Official Citation: 84 Ops.Cal.Atty.Gen. 85
06/14/2001
01-112 May a board member of a community college district become employed as a part-time substitute instructor for the district? A board member of a community college district may not become employed as a part-time or substitute instructor for the district.

Official Citation: 84 Ops.Cal.Atty.Gen. 126
08/03/2001
01-107 May a corporation charge an annual subscription fee, including a reasonable profit, for furnishing a list of physicians willing to provide medical services at discounted rates to uninsured indigent persons? A corporation may not charge an annual subscription fee, including a reasonable profit, for furnishing a list of physicians willing to provide medical services at discounted rates to uninsured indigent persons.

Official Citation: 84 Ops.Cal.Atty.Gen. 113
07/17/2001
01-106 May a city impose storm drainage pollution abatement charges with respect to property owned by school districts and the California Department of Transportation within the city's boundaries to fund the city's activities in meeting federal stormwater discharge requirements? A city may impose storm drainage pollution abatement charges with respect to property owned by school districts within the city's boundaries to fund the city's activities in meeting federal stormwater discharge requirements if the activities do not include the construction of capital improvements; a city may not impose such charges upon the California Department of Transportaion since the department itself must meet the federal requirements for its own properties and activities.

Official Citation: 84 Ops.Cal.Atty.Gen. 61
04/16/2001
01-104 May a person serve simultaneously as (1) the fire chief of a city, (2) a director of a fire protection district that has no overlapping boundaries with the city, and (3) a commissioner of the local agency formation commission representing the special districts of the county? A person may not serve simultaneously as (1) the fire chief of a city, (2) a director of a fire protection district that has no overlapping boundaries with the city, and (3)a commissioner of the local agency formation commission representing the special districts of the county.

Official Citation: 84 Ops.Cal.Atty.Gen. 94
07/10/2001
00-1210 Is a city required under the federal Americans with Disabilities Act to provide, as an accommodation for a disabled member of its city council or an advisory board who is unable to attend a regularly scheduled meeting of the council or board, a teleconferencing connection at the member's place of residence where members of the public would not be permitted to be present? A city is not required under the federal Americans with Disabilities Act to provide, as an accommodation for a disabled member of its city council or an advisory board who is unable to attend a regularly scheduled meeting of the council or board, a teleconferencing connection at the member's place of residence where members of the public would not be permitted to be present.

Official Citation: 84 Ops.Cal.Atty.Gen. 181
11/14/2001
00-1203 1. Do the "whislteblower" statutory protections applicable to employees of state and local public entities supersede the statutes and rules governing the attorney-client privilege?

2. Do the statutory provisions relating to the disclosure of false claims actions, communications with the Legislature, and the filing of complaints or claims or the institution of proceedings pertaining to the rights of employment by employees of state and local public entities supersede the statutes and rules governing the attorney-client privilege?
1. The "whisteblower" statutory protections applicable to employees of state and local public entities do not supersede the statutes and rules governing the attorney-client privilege.

2. The statutory provisions relating to the disclosure of false claims actions, communications with the Legislature, and the filing of complaints or claims or the institution of proceedings pertaining to the rights of employment by employees of state and local public entities do not supersede the statutes and rules governing the attorney-client privilege.

Official Citation: 84 Ops.Cal.Atty.Gen. 71
05/23/2001
00-1201 When the California Air Resources Board adopts regulations to reduce volatile organic compound emissions from consumer products, to what does the statutory prohibition against the elimination of a "product for" refer? When the California Air Resources Board adopts regulations to reduce volatile organic compound emissions from consumer products, the statutory prohibition against the elimination of a "product form" refers to the shape and structure of the product, such as liquid, solid, powder, gel crystal, aerosol, or pump spray, as distinguished from the material of which it is composed.

Official Citation: 84 Ops.Cal.Atty.Gen. 49
03/23/2001
00-1106 Is a school district or community college district prohibited from using district resources to implement, at the request of an employee organization, a voluntary payroll deduction program allowing employees to make monthly contributions to a political action committee established by the employee organization? A school district or community college district is not prohibited from using district resources to implement, at the request of an employee organization, a voluntary payroll deduction program allowing employees to make monthly contributions to a political action committee established by the employee organization.

Official Citation: 84 Ops.Cal.Atty.Gen. 52
03/28/2001
00-1105 1. For the purpose of providing part-time employment to students attending a community college, may a state agency enter into an agreement with a state higher education foundation that is not established by the Board of Governors of the California Community Colleges as an auxiliary organization?

2. For the purpose of providing part-time employment to students attending a community college, may a state agency enter into an agreement with a state higher education foundation that is not affiliated with the Board of Governors of the California community Colleges?

3. For the purpose of providing part-time employment to students attending a community college, does the affiliation agreement between a nonprofit campus foundation and the community college require the approval of the board of trustees of the community college district in which the college is located?
1. For the purpose of providing part-time employment to students attending a community college, a state agency may enter into an agreement with a state higher education foundation that is not established by the Board of Governors of the California Community Colleges as an auxiliary organization.

2. For the purpose of providing part-time employment to students attending a community college, a state agency may enter into an agreement with a state higher education foundation that is not affiliated with the Board of Governors of the California Community Colleges.

3. For the purpose of providing part-time employment to students attending a community college, the affiliation agreement between a nonprofit campus foundation and the community college requires the approval of the board of trustees (or the board's designee) of the community college district in which the college is located if the board makes such approval a condition of operating the program.

Official Citation: 84 Ops.Cal.Atty.Gen. 41
02/27/2001
00-1104 May the Madera County Auditor allocate a portion of property tax revenues to an irrigation district that levied only an ad valorem assessment prior to the 1978-1979 fiscal year? The Madera County Auditor may not allocate a portion of property tax revenues to an irrigation district that levied only an ad valorem assessment prior to the 1978-1979 fiscal year.

Official Citation: 84 Ops.Cal.Atty.Gen. 81
05/24/2001
00-1002 Does Business and Professions Code section 650 prohibit chiropractors from participating in an Internet marketing plan in which they agree to promote the naturopathic products of an Internet company and to refer their patients to the company's website in exchange for fees equaling 20 percent of the price of the products purchased by their patients from the company? Business and Professions Code section 650 prohibits chiropractors from participating in an Internet marketing plan in which they agree to promote the naturopathic products of an Internet company and to refer their patients to the company's website in exchange for fees equaling 20 percent of the price of the products purchased by their patients from the company.

Official Citation: 84 Ops.Cal.Atty.Gen. 25
02/01/2001
00-910 Is the common residence address listed on a declaration of domestic partnership subject to public disclosure by the Secretary of State? The common residence address listed on a declaration of domestic partnership is subject to public disclosure by the Secretary of State, unless on the facts of a particular case, the public interest served by not making the information public clearly outweighs the public interest served by disclosure.

Official Citation: 84 Ops.Cal.Atty.Gen. 55
04/09/2001
00-906 May a majority of the board members of a local public agency e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act if the e-mails are also sent to the secretary and chairperson of the agency, the e-mails are posted on the agency's Internet website, and a printed version of each e-mail is reported at the next public meeting of the board? A majority of the board members of a local public agency may not e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act even if the e-mails are also sent to the secretary and chairperson of the agency, the e-mails are posted on the agency's Internet website, and a printed version of each e-mail is reported at the next public meeting of the board.

Official Citation: 84 Ops.Cal.Atty.Gen. 30
02/20/2001
00-905 1. Who has the statutory authority to set the amount of compensation for an elected city treasurer of a general law city?

2. May an initiative measure, by ordinance, set the amount of compensation for an elected city treasurer of a general law city at the same amount received by members of the city council as prescribed by law?
1. The city council has the statutory authority to set the amount of compensation for an elected city treasurer of a general law city.

2. An initiative measure, by ordinance, may set the amount of compensation for an elected city treasurer of a general law city at the same amount received by members of the city council as prescribed by law.

Official Citation: 84 Ops.Cal.Atty.Gen. 13
01/24/2001
00-902 1. May a school district contract for taxi cab services to transport children to and from school?

2. If so, are any criminal background check procedures applicable with respect to the taxi cab drivers?
1. A school district may contract for taxi cab services to transport children to and from school.

2. A criminal background check procedure involving fingerprint clearance by the Department of Justice is applicable for any person engaged in pupil transportation under contract with a school district, including taxi cab drivers transporting children to or from school.

Official Citation: 84 Ops.Cal.Atty.Gen. 20
02/01/2001
00-901 1. May a school district enter into a job order contract based upon unit prices for the performance of public works projects?

2. Are job order contracts awarded by the California State University involving $30,000 or more, including individual job orders undertaken pursuant to such a contract involving either more or less than $30,000, subject to statutory requirements specifying the employment of a ratio of apprentices to journeymen?
1. A school district may not enter into a job order contract based upon unit prices for the performance of public works projects.

2. Job order contracts awarded by the California State University involving $30,000 or more, including individual job orders undertaken pursuant to such a contract involving either more or less than $30,000, are subject to the calculation of the statutory requirements specifying the employment of a ratio of apprentices to journeymen. The implementation of the employment ratio, appropriately calculated, must be satisfied before the end of the contract, provided that the contractor must endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site.

Official Citation: 84 Ops.Cal.Atty.Gen. 5
01/09/2001
00-815 1. Would it be a violation of Government Code section 1090 for the sole shareholder of a corporation that operates an ambulance service under a certificate of public convenience and necessity issued by a city to hold the office of mayor of the city?

2. Would it be a violation of Government Code section 1090 for a city council to modify the terms of an ambulance service rate schedule where the ambulance service is operated by a corporation of which the mayor of the city is the sole shareholder?

3. Would it be a violation of Government Code section 1090 for a city council to modify the terms of an agreement allowing interruption of the traffic signals of the city in exchange for payment of an annual fee, where the agreement is made with a corporation of which the mayor of the city is the sole shareholder?

4. Do the offices of Mayor of the City in Bakersfield and Director of the 15th District Agricultural Association constitute incompatible public offices?
1. It would not be a violation of Government Code section 1090 for the sole shareholder of a corporation that operates an ambulance service under a certificate of public convenience and necessity issued by a city to hold the office of mayor of the city.

2. It would not be a violation of Government Code section 1090 for a city council to modify the terms of an ambulance service rate schedule where the ambulance service is operated by a corporation of which the mayor of the city is the sole shareholder.

3. It would be a violation of Government Code section 1090 for a city council to modify the terms of an agreement allowing interruption of the traffic signals of the city in exchange for payment of an annual fee, where the agreement is made with a corporation of which the mayor of the city is the sole shareholder.

4. The offices of Mayor of the City of Bakersfield and Director of the 15th District Agricultural Association do not constitute incompatible public offices.

Official Citation: 84 Ops.Cal.Atty.Gen. 34
02/27/2001
00-710 Is the Secretary of State required to make available on the Internet the names and addresses, including the street name, building number, city, state, and zip code, and telephone numbers of persons identified in campaign and lobbying disclosure statements filed electronically with the Secretary of State? The Secretary of State is required to make available on the Internet the names and addresses, including the street name, building number, city, state, and zip code, and telephone numbers of persons identified in campaign and lobbying disclosure statements filed electronically with the Secretary of State except for a person's street name and building number listed on a campaign disclosure statement.

Official Citation: 84 Ops.Cal.Atty.Gen. 1
01/09/2001
00-108 May a city and a county agree to recommend to the local agency formation commission specific changes in the city’s sphere of influence boundaries and express the intent to jointly agree to any changes in such boundaries in the future? A city and a county may agree to recommend to the local agency formation commission specific changes in the city’s sphere of influence boundaries and express the intent to jointly agree to any changes in such boundaries in the future.

Official Citation: 84 Ops.Cal.Atty.Gen. 66
05/18/2001

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