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Legal Opinions - Yearly Index

Opinions published in 2009

Opinion Question Conclusion Published
08-806 1. Is the Los Angeles Community College District Joint Labor Management Benefits Committee required to comply with the Ralph M. Brown Act? (Brown Act; Govt. Code section 54950 et seq.)

2. If the Joint Labor Management Benefits Committee is required to comply with the Ralph M. Brown Act, is a closed session “caucus” of the employee members permissible?
1. The Los Angeles Community College District Joint Labor Management Benefits Committee is not required to comply with the Ralph M. Brown Act.

2. Because we conclude that the Joint Labor Management Benefits Committee is not required to comply with the Ralph M. Brown Act, it follows that a closed “caucus” of the employee members is permissible.

Official Citation: 92 Ops.Cal.Atty.Gen. 102
12/31/2009
08-804 Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., "1 of 4," "2 of 4," etc.)? The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).

Official Citation: 92 Ops.Cal.Atty.Gen. 97
12/31/2009
08-803 May an entity or individual not licensed to practice medicine perform professional radiology services as part of a Medical Provider Network? An entity or individual not licensed to practice medicine may not perform professional radiology services, either as part of a Medical Provider Network or otherwise.

Official Citation: 92 Ops.Cal.Atty.Gen. 56
09/24/2009
08-801 1. Are otherwise eligible military veterans residing in California entitled to all state-funded veterans' benefits, including state-funded veterans' housing, regardless of sexual orientation or gender?

2. Are registered domestic partners of eligible military veterans residing in California entitled to all state-funded military benefits available to spouses of eligible military veterans, including state-funded veterans' housing?
1. Otherwise eligible military veterans residing in California are entitled to all state-funded veterans’ benefits, including state-funded veterans’ housing, regardless of sexual orientation or gender.

2. Registered domestic partners of eligible military veterans residing in California are entitled to all state-funded military benefits available to spouses of eligible military veterans, including state-funded veterans’ housing.

Official Citation: 92 Ops.Cal.Atty.Gen. 89
12/31/2009
08-602 When a county treasurer serves as treasurer of a fire protection district or other special district that has not appointed its own treasurer, is the county treasurer's approval required before that district may invest its surplus funds outside of the county treasury? When a county treasurer serves as treasurer of a fire protection district that has not appointed its own treasurer, that district may invest its surplus funds outside of the county treasury without the county treasurer’s approval. In the case of other special districts, the need for county treasurer approval of such investments depends on whether the governing statutes for those districts specifically require approval either by the county treasurer acting ex officio or by the district treasurer when one has been appointed by the district board.

Official Citation: 92 Ops.Cal.Atty.Gen. 83
12/30/2009
08-307 Does the exception to Government Code section 1090 for "public services generally provided" permit a County Air Pollution Control District to provide grant funding under the Carl Moyer Memorial Air Quality Standards Attainment Program to an applicant who is a member of the District's Board of Directors? The exception to Government Code section 1090 for “public services generally provided” does not permit a County Air Pollution Control District to provide grant funding under the Carl Moyer Memorial Air Quality Standards Attainment Program to an applicant who is a member of the District’s Board of Directors.

Official Citation: 92 Ops.Cal.Atty.Gen. 67
12/29/2009
08-106 Where voters are asked to dissolve an existing community services district and, in the same election, to establish a new city encompassing the same territory as the district and providing all services presently provided by the district, may an individual stand for election on the same ballot to both the existing district board of directors and the proposed city council? Where voters are asked to dissolve an existing community services district and, in the same election, to establish a new city encompassing the same territory as the district and providing all services presently provided by the district, an individual may stand for election on the same ballot to both the existing district board of directors and the proposed city council, because only one of the two offices could exist after the election.

Official Citation: 92 Ops.Cal.Atty.Gen. 41
06/29/2009
07-1002 Is the California High-Speed Rail Authority authorized to exercise the powers set forth in Public Utilities Code section 185036? The California High-Speed Rail Authority is authorized to exercise the powers set forth in Public Utilities Code section 185036. It received partial authority to exercise those powers through legislation, and full authority on November 4, 2008, through the passage of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century.

Official Citation: 92 Ops.Cal.Atty.Gen. 35
02/27/2009
07-1001 May a badge that resembles a peace officer's badge be provided to and displayed by a public employee who is not a peace officer, but who has been granted limited peace officer powers in order to perform his or her official duties, for use as identification in the course and scope of those official duties? A badge that resembles a peace officer’s badge may be provided to and displayed by a public employee who is not a peace officer, but who has been granted limited peace officer powers in order to perform his or her official duties, for use as identification in the course and scope of those official duties, provided that the badge accurately identifies the public employee by his or her specific limited-powers position.

Official Citation: 92 Ops.Cal.Atty.Gen. 46
08/17/2009
07-907 Under the California Freedom of Access to Clinic and Church Entrances Act (Pen. Code, sections 423-423.6), may the Attorney General require local law enforcement agencies to prepare and submit to the Attorney General (1) a monthly summary report of anti-reproduction-rights crimes reported to them and (2) an individual incident report of every anti-reproduction-rights crime reported to them? The Attorney General may require local law enforcement agencies to prepare and submit (1) a monthly summary report of anti-reproductive-rights crimes reported to them and (2) an individual incident report of every anti-reproductive-rights crime reported to them.

Official Citation: 92 Ops.Cal.Atty.Gen. 30
02/19/2009
07-808 May a school district grant a request from a teacher, whose spouse became a board member more than one year after the teacher's employment with the District, to transfer from one teaching position to another that has the same compensation, but involves different teaching duties? A school district may grant a request from a teacher, whose spouse became a board member more than one year after the teacher’s employment with the district, to transfer from one teaching position to another that has the same compensation, but involves different teaching duties.

Official Citation: 92 Ops.Cal.Atty.Gen. 26
01/16/2009
07-807 May a city redevelopment agency enter into a loan agreement for commercial property improvement where the recipient of the proposed loan is a corporation solely owned by the adult, non-dependent son of an agency board member who also resides with the board member in the same rented apartment? The circumstance that the recipient of a proposed commercial property improvement loan from a city redevelopment agency would be a corporation solely owned by the adult, non-dependent son of an agency board member who also resides with the board member in the same rented apartment does not, by itself, preclude the agency from entering into an agreement to make that loan. However, to avoid a conflict between her official and personal interests, the board member should abstain from any official action with regard to the proposed loan agreement and make no attempt to influence the discussions, negotiations, or vote concerning that agreement.

Official Citation: 92 Ops.Cal.Atty.Gen. 19
01/14/2009
07-801 Does the Constitution prohibit the Department of Transportation from selling or renting real property that it has acquired with motor vehicle fuel and use tax revenues for less than the property's fair market or fair rental value if the property also qualifies as "surplus residential property" under the affordable-housing legislation known as the Roberti Law? Although the Constitution generally prohibits the Department of Transportation from selling or renting real property that it has acquired with motor vehicle fuel and use tax revenues for less than that property’s fair market value or fair rental value, below-market sales or rentals of such properties are constitutionally permissible as a limited exception to this general prohibition if the property qualifies as “surplus residential property” under the affordable-housing legislation known as the Roberti Law.

Official Citation: 92 Ops.Cal.Atty.Gen. 73
12/30/2009
07-704 With respect to a county's initial review and approval of tentative subdivision maps, if a county board of supervisors has delegated this responsibility to the county surveyor, may the board, by ordinance, require that all public hearings be conducted and all determinations be made by the county surveyor personally and not by a deputy county surveyor? A county board of supervisors may adopt an ordinance requiring that the county surveyor, and not a deputy county surveyor, conduct public hearings and make initial determinations on tentative subdivision maps submitted for county approval, because the ultimate power to review tentative subdivision maps is vested in the board of supervisors.

Official Citation: 92 Ops.Cal.Atty.Gen. 61
09/25/2009
07-312 Is the California Department of Transportation obligated to pay the fees adopted by a Certified Unified Program Agency under the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program? The California Department of Transportation is obligated to pay fees adopted by a Certified Unified Program Agency under the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program.

Official Citation: 92 Ops.Cal.Atty.Gen. 51
08/21/2009
06-1102 1. When a school district has outstanding voter-approved general obligation bonds, may the district issue refunding general obligation bonds without further voter approval at a price or an interest rate that will generate proceeds in excess of the amount needed to retire the outstanding bonds?

2. May a school district that has issued refunding general obligation bonds without a vote of the electorate spend proceeds from that bond sale to supplement funding for the original voter-authorized projects; to fund additional capital projects; or for other purposes unrelated to paying off the outstanding bonded indebtedness?

3. May a school district issue refunding general obligation bonds to refund previously issued bonds without obtaining voter approval if doing so will result in; (a) an increase in the district's ad valorem property tax rates; or (b) a maintaining of the district's ad valorem property tax rates at their previous levels when a reduced rate would suffice to refund the original voter-approved bonds?

4. If a school district applies the proceeds from the sale of refunding general obligation bonds to purposes not authorized by law, what are the possible consequences to the district?

5. May a school district, acting without voter approval, sell refunding general obligation bonds to a joint powers authority at par value but with an above-market interest rate in exchange for the joint powers authority's agreement to issue its own revenue bonds and to use the resulting proceeds both to purchase the school district's refunding bonds and to fund the construction of additional school facilities?
1. Absent specific approval from the district’s electors, a school district may not issue refunding general obligation bonds at a price or an interest rate that will generate proceeds in excess of the amount needed to retire the designated outstanding bonds.

2. Without voter approval, a district may not use proceeds from a refunding general obligation bond to provide supplemental funding for unfinished projects, even if the projects were previously approved by the electorate, or for any other purpose except to pay off the designated outstanding bonds.

3. Because a school district lacking voter approval may not issue refunding general obligation bonds to generate more proceeds than are necessary to refinance the district’s targeted debt, the district is likewise prohibited from setting or maintaining ad valorem property tax rates at a level higher than necessary to refinance that targeted debt.

4. A school district’s application of proceeds from the sale of refunding general obligation bonds to purposes not authorized by law may result in litigation to invalidate the bond issue or to restrain unauthorized expenditures, if timely filed; taxpayer lawsuits; or actions by the Attorney General.

5. Because the proposed arrangement between a school district and a joint powers authority would result in a refunding bond issuance in excess of that needed to merely refund the district’s designated outstanding bonded indebtedness, both the refunding bond issuance and the higher tax required to support it are constitutionally impermissible without specific voter approval.

Official Citation: 92 Ops.Cal.Atty.Gen. 1
01/09/2009

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