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Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2006

Opinion Question Conclusion Published
06-1011 1. Do the requirements for a state preliminary credential in speech-language pathology (Stats. 2006, ch. 581, section 1) satisfy federal standards governing Medicaid reimbursement? (42 C.F.R. section 440.110(c)(2)(iii))

2. Do the requirements for a state professional clear credential in speech-language pathology (Stats. 2006, ch. 581, section 1) satisfy federal standards governing Medicaid reimbursement? (42 C.F.R. section 440.110(c)(2)(ii))
1. The requirements for a state preliminary credential in speech-language pathology satisfy the federal standards governing Medicaid reimbursement.

2. The requirements for a state professional clear credential in speech-language pathology satisfy the federal standards governing Medicaid reimbursement.

Official Citation: 89 Ops.Cal.Atty.Gen. 266
11/30/2006
06-808 May the Board of Administration of the California Public Employees' Retirement System extend the payment schedule for retroactive benefits beyond the average remaining work period of the employees eligible to receive the benefits without violating the board's constitutional duties to provide secure benefits to its members, minimize costs to employers, assure the competency of the assets of the retirement system, and protect the employees' contractual rights to an actuarially sound retirement system? The Board of Administration of the California Public Employees Retirement System may extend the payment schedule for retroactive benefits beyond the average remaining work period of the employees eligible to receive the benefits without violating the board’s constitutional duties to provide secure benefits to its members, minimize costs to employers, assure the competency of the assets of the retirement system, and protect the employees’ contractual rights to an actuarially sound retirement system.

Official Citation: 89 Ops.Cal.Atty.Gen. 270
12/01/2006
06-806 Does Government Code section 1091.1 permit a city to enter into a subdivision improvement agreement and a reimbursement agreement with a land developer who employs a recently appointed city council member where such agreements are related to public improvements that are required by the Subdivision Map Act and the city’s subdivision ordinances? A city council may enter into a subdivision improvement agreement and a reimbursement agreement with a landowner who is the employer of a member of the city council, where each agreement is related to public improvements that are required by the Subdivision Map Act and the city’s subdivision ordinances, provided that the city council member discloses his interest in the subdivision and abstains from voting on any matter concerning the subdivision.

Official Citation: 89 Ops.Cal.Atty.Gen. 278
12/05/2006
06-805 Are Rick Diaz, Ben Guitron, Juventino Cardona, Pamper Rodriquez, Vicente Ortega, Cruz Cervantes, and Javier Hernandez lawfully serving as directors of the Indio Housing Development Corporation? Whether Rick Diaz, Ben Guitron, Juventino Cardona, Pamper Rodriguez, Vicente Ortega, Cruz Cervantes, and Javier Hernandez are lawfully serving as directors of the Indio Housing Development Corporation does not present a substantial question of fact or law warranting judicial resolution in furtherance of the public interest.

Official Citation: 89 Ops.Cal.Atty.Gen. 285
12/19/2006
06-702 May Class III gaming be conducted on individual "allotment land" or "trust land" held in the name of individual Indians outside the boundaries of an Indian reservation or on land upon which a tribal government did not exercise governmental power until after 1988? Class III gaming may be conducted on “allotment land” or “trust land” held in the name of individual Indians outside the boundaries of an Indian reservation or on land upon which a tribal government did not exercise governmental power until after 1988 under limited circumstances.

Official Citation: 89 Ops.Cal.Atty.Gen. 252
11/15/2006
06-510 Would the Legislature's increase of the employee's contribution rate paid by school districts to the California State Teachers' Retirement System for its Defined Benefit Program cause an increase in the obligation of the state to fund public education under the terms of section 8 of article XVI of the Constitution? The Legislature’s increase of the employers’ contribution rate paid by school districts to the California State Teachers’ Retirement System for its Defined Benefit Program, by itself, would not cause an increase in the obligation of the state to fund public education under the terms of section 8 of article XVI of the Constitution.

Official Citation: 89 Ops.Cal.Atty.Gen. 248
11/09/2006
06-507 May a city council donate public funds to a chamber of commerce, operating as a nonprofit corporation, if a council member is the president of the chamber and his spouse is an employee of the chamber? A city council may donate public funds to a chamber of commerce, operating as a nonprofit corporation, even though a council member is the president of the chamber and his spouse is an employee of the chamber, provided that the council member discloses to the city council his financial interest in the donation, the interest is noted in the city council’s official records, and the council member does not participate in the making of the donation.

Official Citation: 89 Ops.Cal.Atty.Gen. 258
11/22/2006
06-506 May a city council enter into a subdivision improvement agreement with a condominium developer if one of the council members is a renter in the complex being converted to condominiums where (1) a tentative map was approved for the project requiring a tenant financial assistance program, (2) the council member became a tenant after approval of the tentative map and has not participated in any consideration of the subdivision improvement agreement, and (3) the agreement is part of the final map approval process and contains the conditions of the tentative map? A city council may enter into a subdivision improvement agreement with a condominium developer even though one of the council members is a renter in the complex being converted to condominiums where (1) a tentative map was approved for the project requiring a tenant financial assistance program, (2) the council member became a tenant after approval of the tentative map and has not participated in any consideration of the subdivision improvement agreement, and (3) the agreement is part of the final map approval process and contains the conditions of the tentative map.

Official Citation: 89 Ops.Cal.Atty.Gen. 193
08/25/2006
06-504 1. Is the 5 percent salary increase authorized for city council members of a general law city to be applied to the currently received salary amount for the total number of years since the last salary adjustment?

2. May the additional compensation authorized for a mayor of a general law city be increased during his or her term of office as mayor?
1. The 5 percent salary increase authorized for city council members of a general law city is to be applied to the currently received salary amount for the total number of years since the last salary adjustment.

2. The additional compensation authorized for a mayor of a general law city may be increased during his or her term of office as mayor.


Official Citation: 89 Ops.Cal.Atty.Gen. 159
08/08/2006
06-404 1. May a county grant to solid waste haulers an exclusive right to provide collection services within designated service areas, and set maximum rates for the services in such areas?

2. Is a county board of supervisors required to provide members of the public with an opportunity to address the board before action is taken to create exclusive service areas and set maximum rates for collection services as part of the county's solid waste collection program?

3. Are members of the public entitled to attend and participate in meetings between county staff employees and solid waste haulers in which proposals for exclusive service areas and maximum rates for collection services will be developed and considered as part of the county's solid waste collection program?
1. A county may grant to solid waste haulers an exclusive right to provide collection services within designated service areas, and may set maximum rates for the services in such areas.

2. A county board of supervisors is required to provide members of the public with an opportunity to address the board before action is taken to create exclusive service areas and set maximum rates for collection services as part of the county’s solid waste collection program.

3. Members of the public are not entitled to attend or participate in meetings between county staff employees and solid waste haulers in which proposals for exclusive service areas and maximum rates for collection services will be developed and considered as part of the county’s solid waste collection program.

Official Citation: 89 Ops.Cal.Atty.Gen. 241
11/07/2006
06-210 1. May a local agency formation commission condition its approval of the incorporation of a city upon voters within the proposed city approving a general tax?

2. If so, may the commission's resolution imposing the condition be adopted by majority vote?
1. A local agency formation commission may condition its approval of the incorporation of a city upon voters within the proposed city approving a general tax.

2. A local agency formation commission’s resolution imposing a condition that the voters of a proposed city approve a general tax may be adopted by majority vote.


Official Citation: 89 Ops.Cal.Atty.Gen. 173
08/11/2006
06-203 In response to a public records request, may a prosecutor produce records from a computerized data base that disclose: (1) whether a recently charged or soon-to-be charged defendant is currently on probation or parole, and details of his or her prior offenses; (2) an individual's criminal history in the county, including all arrests and case disposition; (3) the disposition of matters referred to the district attorney for filing of criminal charges; (4) criminal histories associated with a requested list of cases in which a specified witness has testified; and (5) numerous criminal histories associated with a request for the names and identities of all defendants charged with a specific kind of crime over a period of years? In response to a public records request, a prosecutor may not produce records from a computerized data base that disclose: (1) whether a recently charged or soon-to-be charged defendant is currently on probation or parole, and details of his or her prior offenses; (2) an individual’s criminal history in the county, including all arrests and case dispositions; (3) the disposition of matters referred to the district attorney for filing of criminal charges; (4) criminal histories associated with a requested list of cases in which a specified witness has testified; or (5) numerous criminal histories associated with a request for the names and identities of all defendants charged with a specific kind of crime over a period of years. With respect to category (3) and in rare circumstances category (1), however, a prosecutor is required to make public certain limited current information derived from records in the prosecutor’s investigatory files.

Official Citation: 89 Ops.Cal.Atty.Gen. 204
09/20/2006
06-201 May an "on-line" charter school receive state funding for the instruction of pupils who do not reside in the county where the school is chartered or in an adjacent county? An “on-line” charter school may not receive state funding for the instruction of pupils who do not reside in the county where the school is chartered or in an adjacent county.

Official Citation: 89 Ops.Cal.Atty.Gen. 166
08/10/2006
06-107 1. Where are federal Medicare Part D funds that have been paid out as a Retiree Drug Subsidy pursuant to the enrollment of state and contracting agency annuitants in a Medicare supplemental health plan administered by the California Public Employees’ Retirement System to be deposited?

2. How are federal Medicare Part D funds that have been paid out as a Retiree Drug Subsidy pursuant to the enrollment of state and contracting agency annuitants in a Medicare supplemental health plan administered by the California Public Employees’ Retirement System to be used?

3. Where are federal Medicare Part D funds that have been paid out pursuant to the enrollment of state and contracting agency annuitants in a Medicare Advantage Prescription Drug Plan administered by the California Public Employee's Retirement System to be deposited?
1. Federal Medicare Part D funds that have been paid out as a Retiree Drug Subsidy pursuant to the enrollment of state and contracting agency annuitants in a Medicare supplemental health plan administered by the California Public Employees’ Retirement System are to be deposited in the Public Employees’ Contingency Reserve Fund.

2. Federal Medicare Part D funds that have been paid out as a Retiree Drug Subsidy pursuant to the enrollment of state and contracting agency annuitants in a Medicare supplemental health plan administered by the California Public Employees’ Retirement System are to be used to offset increases in the plan’s future health benefit premium rates, reduce annuitant and employer contributions to the plan, implement cost containment programs, or increase plan benefits, as determined by the Board of Administration of the California Public Employees’ Retirement System.

3. Federal Medicare Part D funds that have been paid out pursuant to the enrollment of state and contracting agency annuitants in a Medicare Advantage Prescription Drug Plan administered by the California Public Employees’ Retirement System are to be deposited with the organization providing the Medicare Advantage Prescription Drug Plan.

Official Citation: 89 Ops.Cal.Atty.Gen. 232
11/02/2006
06-106 Does a finance company have a statutory right of action against a surety upon an automobile dealer's bond when the dealer defaults on his or her loan from the finance company for the purchase of a vehicle at an auction? A finance company does not have a statutory right of action against a surety upon an automobile dealer’s bond when the dealer defaults on his or her loan from the finance company for the purchase of a vehicle at an auction.

Official Citation: 89 Ops.Cal.Atty.Gen. 129
06/21/2006
06-105 1. May the offices of county treasurer, county auditor, and county tax collector be consolidated and held by the same person?

2. May a county treasurer, who is also the county auditor, be appointed to a county retirement board operating under the County Employees Retirement Law of 1937?
1. The offices of county treasurer, county auditor, and county tax collector may be consolidated and held by the same person.

2. A county treasurer, who is also the county auditor, may be appointed to a county retirement board operating under the County Employees Retirement Law of 1937.

Official Citation: 89 Ops.Cal.Atty.Gen. 152
08/07/2006
06-104 Does a state services credential with specialization in clinical or rehabilitative services issued by the California Commission on Teacher Credentialing qualify the holder as a "speech pathologist" under federal standards governing Medicaid reimbursement? A state services credential with specialization in clinical or rehabilitative services issued by the California Commission on Teacher Credentialing does not qualify the holder as a “speech pathologist” under federal standards governing Medicaid reimbursement.

Official Citation: 89 Ops.Cal.Atty.Gen. 63
04/24/2006
06-101 With respect to two affiliated limited partnerships, one of which has entered into a series of contracts with a hospital district to provide an ambulatory surgery center and the other leases land to the surgery center, and the district is the general partner in both partnerships and a limited partner in the surgery center partnership, and the individual retirement account of a newly elected district director's spouse holds a limited partnership interest in both affiliated partnerships,

1. May the hospital district enter into additional contracts with the affiliated partnerships, or renew existing ones, where (1) the limited partnership interests held in the spouse's individual retirement account represent less than 3 percent of the affiliated partnership interests, (2) the total distributions and other income from the affiliated partnerships do not exceed 5 percent of the total annual income of the director and her spouse, and (3) the district, as the general partner in both affiliated partnerships, determines the amount of cash distributed by the partnerships?

2. May the interests in the affiliated partnerships held in the individual retirement account be transferred to a third party pursuant to procedures specified in the partnership agreements which allow the district, as a limited partner in the surgery center partnership, to exercise a right of first refusal to purchase affiliated partnership interests?

3. May the trustee of the individual retirement account exercise a "put option" right as provided in the partnership agreements which requires the district, as the general partner in both affiliated partnerships, to purchase partnership interests at fair market value?
With respect to two affiliated limited partnerships, one of which has entered into a series of contracts with a hospital district to provide an ambulatory surgery center and the other leases land to the surgery center, and the district is the general partner in both affiliated partnerships and a limited partner in the surgery center partnership, and the individual retirement account of a newly elected district director’s spouse holds a limited partnership interest in both affiliated partnerships,

1. The hospital district may not enter into additional contracts with the affiliated partnerships, or renew existing ones, where (1) the limited partnership interests held in the spouse’s individual retirement account represent less than 3 percent of the affiliated partnership interests, (2) the total distributions and other income from the affiliated partnerships do not exceed 5 percent of the total annual income of the district director and her spouse, and (3) the district, as the general partner in both affiliated partnerships, determines the amount of cash distributed by the partnerships.

2. The interests in the affiliated partnerships held in the individual retirement account may be transferred to a third party pursuant to procedures specified in the partnership agreements which allow the district, as a limited partner in the surgery center partnership, to exercise a right of first refusal to purchase affiliated partnership interests, provided that the district does not exercise its right to purchase.

3. The trustee of the individual retirement account may not exercise a “put option” right as provided in the partnership agreements which requires the district, as the general partner in both affiliated partnerships, to purchase partnership interests at fair market value.

Official Citation: 89 Ops.Cal.Atty.Gen. 69
04/25/2006
05-1204 For purposes of calculating the amount of compensation allowed by statute for city council members, do the statutory amendments regarding payments received for serving on a commission or similar body that became effective on January 1, 2006, affect council members who were in office prior to January 1, 2006, so as to reduce their salaries prior to the expiration of their terms of office? For purposes of calculating the amount of compensation allowed by statute for city council members, the statutory amendments regarding payments received for services on a commission or similar body that became effective on January 1, 2006, do not affect council members who were in office prior to January 1, 2006, so as to reduce their salaries prior to the expiration of their terms of office. Conversely, the amendments do apply to council members whose terms commence on and after January 1, 2006.

Official Citation: 89 Ops.Cal.Atty.Gen. 135
06/23/2006
05-1106 May the Department of Corrections and Rehabilitation place two or more sex offender parolees in a "residential facility which serves six or fewer persons" as that term is defined in the California Community Care Facilities Act? (Pen. Code § 3003.5) The Department of Corrections and Rehabilitation may place two or more sex offender parolees in a “residential facility which serves six or fewer persons” as that term is defined in the California Community Care Facilities Act.

Official Citation: 89 Ops.Cal.Atty.Gen. 199
09/01/2006
05-1103 Is Art Bishop unlawfully holding the office of director of the Mojave Water Agency because the office was not vacant at the time of his appointment? Whether Art Bishop is unlawfully holding the office of director of the Mojave Water Agency because the office was not vacant at the time of his appointment presents substantial questions of fact and law warranting judicial resolution.

Official Citation: 89 Ops.Cal.Atty.Gen. 55
04/04/2006
05-1014 May the Prison Industry Board appoint an executive officer of the board who is exempt from civil service requirements? The Prison Industry Board may not create a position exempt from the civil service system for an executive officer of the board.

Official Citation: 89 Ops.Cal.Atty.Gen. 187
08/23/2006
05-1012 Is Clayton Isemann unlawfully holding the office of director of the Borrego Springs Park Community Services District because he does not reside in the district? Whether Clayton Isemann is unlawfully holding the office of director of the Borrego Springs Park Community Services District because he does not reside in the district presents substantial questions of fact and law warranting judicial resolution.

Official Citation: 89 Ops.Cal.Atty.Gen. 44
03/01/2006
05-1007 Does the Mental Health Services Act authorize the funding of the costs of customary court staff operating a local mental health court, including the salaries of judges, commissioners, court clerks, deputy district attorneys, and deputy public defenders, pursuant to a locally developed and approved county mental health plan? The Mental Health Services Act does not authorize the funding of the costs of customary court staff operating a local mental health court, including the salaries of judges, commissioners, court clerks, deputy district attorneys, and deputy public defenders, pursuant to a locally developed and approved county mental health plan.

Official Citation: 89 Ops.Cal.Atty.Gen. 20
02/23/2006
05-1006 Where a member of the governing board of a community college district receives retirement health benefits from the district as a former faculty member in an amount that is required by contract to be equal to the amount of health benefits the district provides to current faculty members under the terms of a collective bargaining agreement, may the governing board renegotiate the amount of health benefits provided under the current collective bargaining agreement? Where a member of the governing board of a community college district receives retirement health benefits from the district as a former faculty member in an amount that is required by contract to be equal to the amount of health benefits the district provides to current faculty members under the terms of a collective bargaining agreement, the governing board may renegotiate the amount of health benefits provided under the current collective bargaining agreement so long as the financially interested board member does not participate in the decision-making process.

Official Citation: 89 Ops.Cal.Atty.Gen. 217
10/03/2006
05-1004 Are interim grading documents, including geology reports, compaction reports, and soils reports, submitted by a property owner to a city's building department in conjunction with an application for a building permit subject to public inspection and copying under the California Public Records Act at the time the documents are first received by the building department? Interim grading documents, including geology reports, compaction reports, and soils reports, submitted by a property owner to a city’s building department in conjunction with an application for a building permit are subject to public inspection and copying under the California Public Records Act at the time the documents are first received by the building department.

Official Citation: 89 Ops.Cal.Atty.Gen. 39
02/28/2006
05-914 Does the appointing power of an elected mayor of a general law city extend to the appointment of the members of the city's planning commission? The appointing power of an elected mayor of a general law city extends to the appointment of the members of the city’s planning commission, but each appointment must have the approval of the city council.

Official Citation: 89 Ops.Cal.Atty.Gen. 178
08/14/2006
05-910 May city council members of a general law city redirect the value of health insurance benefits to a deferred compensation plan without violating the statutory limitation upon the amount of compensation authorized for council members? City council members of a general law city may redirect the value of health insurance benefits to a deferred compensation plan without violating the statutory limitation upon the amount of compensation authorized for council members.

Official Citation: 89 Ops.Cal.Atty.Gen. 107
05/22/2006
05-903 1. Does the privilege for confidential marital communications apply when a married peace officer is being interrogated during a law enforcement agency’s internal affairs investigation of alleged police misconduct involving the peace officer’s spouse?

2. If a married peace officer asserts the privilege for confidential marital communications during an internal affairs interrogation and refuses a direct order to answer the investigator’s questions, may the law enforcement agency take disciplinary action against the officer?

3. If a peace officer has disclosed marital communications during an internal affairs investigation in order to avoid disciplinary action, and use of the marital communications in the investigation results in disciplinary action being taken against the peace officer’s spouse, who thereafter challenges the agency’s action in an administrative or court proceeding wherein the peace officer witness refuses to testify against the spouse, may the law enforcement agency introduce the previously disclosed marital communications to support its disciplinary action in the subsequent proceeding?
1. The privilege for confidential marital communications does not apply when a married peace officer is being interrogated during a law enforcement agency’s internal affairs investigation of alleged police misconduct by the peace officer’s spouse.

2. If a married peace officer asserts the privilege for confidential marital communications during an internal affairs interrogation and refuses a direct order to answer the investigator’s questions, the law enforcement agency may take disciplinary action against the officer after informing him or her that a failure to answer may result in punitive action.

3. If a peace officer has disclosed confidential marital communications during an internal affairs investigation in order to avoid disciplinary action, and use of the marital communications in the investigation results in disciplinary action against the peace officer’s spouse, who thereafter challenges the agency’s action in an administrative or court proceeding wherein the peace officer witness asserts the privilege not to testify against the spouse, the law enforcement agency may introduce the previously disclosed marital communications to support its disciplinary action in the subsequent proceeding.

Official Citation: 89 Ops.Cal.Atty.Gen. 224
10/12/2006
05-809 In the absence of a jurisdictional change, may a city council and a county board of supervisors execute an agreement that changes the allocation of property tax revenues as between the city and the county, where the change would not affect the allocation for any other public entity? In the absence of a jurisdictional change, a city council and a county board of supervisors may execute an agreement that changes the allocation of property tax revenues as between the city and the county, where the change would not affect the allocation for any other public entity.

Official Citation: 89 Ops.Cal.Atty.Gen. 14
02/09/2006
05-808 May the California State Teachers' Retirement System make a deduction from a member's retirement allowance and redirect the amount to a political action committee at the member's request? The California State Teachers’ Retirement System may make a deduction from a member’s retirement allowance and redirect the amount to a political action committee at the member’s request so long as the California State Teachers’ Retirement System requires the political action committee to pay for any additional administrative costs involved in redirecting the funds.

Official Citation: 89 Ops.Cal.Atty.Gen. 117
06/12/2006
05-801 1. May members of a city airport commission rent hangar space at the city airport if the space is rented on a first-come, first-served basis at set rates?

2. If so, to what extent may such commissioners participate in or attempt to influence the airport commission's or city council's consideration of proposed revisions to the hangar rental rate structure?
1. Members of a city airport commission may rent hangar space at the city airport if the space is rented on a first-come, first-served basis at set rates.

2. Members of a city airport commission may not, absent a legal necessity, participate in or attempt to influence the commission’s or city council’s consideration of proposed revisions to a hangar rental rate structure if it is reasonably foreseeable that the decision will have a material effect, distinguishable from its effect on the public generally, on their respective finances.

Official Citation: 89 Ops.Cal.Atty.Gen. 121
06/20/2006
05-710 1. May a community services district terminate road maintenance and snow removal services to an existing zone within the district's boundaries, and dissolve the zone created to pay for such services, after the property owners within the zone have rejected a proposed benefit assessment increase that is necessary to cover the district's increased costs in providing services?

2. Does a community services district have a continuing duty to provide road maintenance and snow removal services to streets and roads that have not been officially accepted into any public road system under its jurisdiction?
1. A community services district may terminate road maintenance and snow removal services to an existing zone within the district’s boundaries after the property owners within the zone have rejected a proposed benefit assessment increase necessary to cover the district’s increased costs in providing such services; the district may also dissolve the zone by following specified statutory procedures.

2. A community services district does not have a continuing duty to provide road maintenance and snow removal services to streets and roads that have not been officially accepted into any public road system under its jurisdiction.

Official Citation: 89 Ops.Cal.Atty.Gen. 148
07/12/2006
05-702 1. When the responsibility for operating a special education program is transferred from a county superintendent of schools to a school district, may the county superintendent of schools retain the property tax revenues previously allocated to fund the program?

2. If the county superintendent of schools may retain the property tax revenues previously allocated for operating a special education program that is being transferred to a school district, what sources of funding are available to the school district to cover its costs of providing the special education program?
1. When the responsibility for operating a special education program is transferred from a county superintendent of schools to a school district, the county superintendent of schools may retain the property tax revenues previously allocated to fund the program if the tax revenues will be used for other special education programs in a manner that ensures that all individuals with exceptional needs residing in the county will have access to appropriate special education programs and related services.

2. If a county superintendent of schools retains the property tax revenues previously allocated for operating a special education program that is being transferred to a school district, state and federal funds for special education programs are available to the school district to cover its costs of providing the special education program.

Official Citation: 89 Ops.Cal.Atty.Gen. 182
08/15/2006
05-701 When the legislative body of a local agency meets in closed session to consider the proposed dismissal of a public employee but ultimately rejects that proposal and retains the employee, is the legislative body thereafter required to publicly report its decision and the vote or abstention of each member? When the legislative body of a local agency meets in closed session to consider the proposed dismissal of a public employee but ultimately rejects that proposal and retains the employee, the legislative body is not thereafter required to publicly report its decision and the vote or abstention of each member.

Official Citation: 89 Ops.Cal.Atty.Gen. 110
05/25/2006
05-614 1. May a physician prescribe for a patient a medical device that is distributed by a company in which the physician has an ownership interest?

2. If the physician may prescribe for a patient a medical device that is distributed by a company in which the physician has an ownership interest, may the company solicit physicians as investors in the company?
1. A physician generally may prescribe for a patient a medical device that is distributed by a company in which the physician has an ownership interest, provided that any return on investment is based upon the physician’s proportional ownership share and requisite disclosures are made.

2. Where a physician may prescribe for a patient a medical device that is distributed by a company in which the physician has an ownership interest, the company generally may solicit hysicians as investors in the company.

Official Citation: 89 Ops.Cal.Atty.Gen. 25
02/27/2006
05-613 1. With respect to a request for the address of an individual arrested by a law enforcement agency, where the requester declares under penalty of perjury that the request is made for a journalistic purpose, may the agency require that the requester present subscriber lists, distribution lists, copies of past publications, or proof of membership in a press trade association; display a press identification permit issued by a California law enforcement agency; or qualify as a journalist in a judicial action?

2. Does the requirement that address information not be used directly or indirectly, or furnished to another, to sell a product or service, require the requester to monitor subscribers or readers and prohibit them from using the information for commercial purposes?
1. With respect to a request for the address of an individual arrested by a law enforcement agency, where the requester declares under penalty of perjury that the request is made for a journalistic purpose, the agency may not require that the requester present subscriber lists, distribution lists, copies of past publications, or proof of membership in a press trade association; display a press identification permit issued by a California law enforcement agency; or qualify as a journalist in a judicial action.

2. The requirement that address information not be used directly or indirectly, or furnished to another, to sell a product or service does not require the requester to monitor subscribers or readers and prohibit them from using the information for commercial purposes.

Official Citation: 89 Ops.Cal.Atty.Gen. 97
05/19/2006
05-603 May a city prohibit a chamber of commerce from advertising its support of a ballot measure or a candidate for public office on a sign in front of the chamber's office if the office is located on land leased from the city and the city contracts with the chamber to act as the city's visitors bureau but the lease and the contract are silent with respect to political advertising on the sign? A city may not prohibit a chamber of commerce from advertising its support of a ballot measure or a candidate for public office on a sign in front of the chamber’s office where the sign is located on land leased from the city and the city contracts with the chamber to act as the city’s visitors bureau but the lease and the contract are silent with respect to political advertising on the sign.

Official Citation: 89 Ops.Cal.Atty.Gen. 142
07/11/2006
05-601 1. For purposes of making nexus grants from the Indian Gaming Special Distribution Fund to public agencies impacted by tribal gaming, what constitutes a "local government jurisdiction"?

2. What projects are eligible for the distribution of grants to public entitites from the Indian Gaming Special Distribution Fund?
1. For purposes of making nexus grants from the Indian Gaming Special Distribution Fund to public agencies impacted by tribal gaming, a “local government jurisdiction” refers to the geographical area over which a city or county exercises authority.

2. The projects that are eligible for the distribution of grants to public entities from the Indian Gaming Special Distribution Fund must involve law enforcement, fire services, emergency medical services, environmental impacts, water supplies, waste disposal, behavioral, health, planning and adjacent land uses, public health, roads, recreation and youth programs, or child care programs.

Official Citation: 89 Ops.Cal.Atty.Gen. 78
04/26/2006
05-416 May a city council modify a lease agreement with a private company if a member of the city council is a regional manager of the company? A city council may modify a lease agreement with a private company if a member of the city council is a regional manager of the company, provided that the company has at least 10 other employees and that the interested council member has been employed by the company for more than three years prior to joining the city council, is not an officer or director of the company, and abstains from any involvement in modifying the agreement.

Official Citation: 89 Ops.Cal.Atty.Gen. 49
03/03/2006
05-405 May a school district, without advertising for bids, contract with another public agency to acquire factory-built modular building components for installation on a permanent foundation? A school district may not, without advertising for bids, contract with another public agency to acquire factory-built modular building components for installation on a permanent foundation.

Official Citation: 89 Ops.Cal.Atty.Gen. 1
01/24/2006
05-303 May a city ordinance limit the use of play equipment that is designated for small children and located within an area of a city park known as a "tot lot" to the use of young children? A city ordinance may limit the use of play equipment that is designed for small children and located within an area of a city park known as a “tot lot” to the use of young children.

Official Citation: 89 Ops.Cal.Atty.Gen. 92
04/28/2006
05-301 Does the prohibition against the unauthorized use of registered sex offender identifying information obtained from the California "Megan's Law" Web site qualify registered sex offenders as a "protected class" for purposes of housing discrimination under the Fair Employment and Housing Act? The prohibition against the unauthorized use of registered sex offender identifying information obtained from the California “Megan’s Law” Web site does not in itself qualify registered sex offenders as a “protected class” for purposes of housing discrimination under the Fair Employment and Housing Act.

Official Citation: 89 Ops.Cal.Atty.Gen. 85
04/27/2006
04-1202 Are California motor vehicle registration and driver's license requirements subject to enforcement against Indian tribal members on roads within their Indian reservation? California motor vehicle registration and driver’s license requirements are not subject to enforcement against Indian tribal members on roads within their Indian reservation.

Official Citation: 89 Ops.Cal.Atty.Gen. 6
02/08/2006

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