State of California
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Xavier Becerra ~ Attorney General
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The Attorney General’s Opinion Unit is responsible for researching and drafting the formal opinions of the Attorney General. This Monthly Opinion Report lists all of the questions that are currently under consideration for formal opinions.
If you would like to give us your input on any of these questions, the Opinion Unit would be delighted to hear from you. Please follow the instructions under How to Submit Views on Assigned Opinion Requests in the right side bar menu.
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| Opinion No. | Question | Requested by | Assigned To |
|---|---|---|---|
| 17-601 |
Quo warranto matter: Did Dixon City Councilmember Devon Minnema satisfy the district residency requirement for the council seat he now holds? |
Relator City of Dixon |
Bidart 06/05/2017 |
| 17-602 |
May a city condition its grant of a land developer’s application for a “density bonus” (see Gov. Code, section 65915) on the developer’s payment of a public benefit fee? |
Assemblymember Sharon Quirk-Silva |
Binsacca 06/13/2017 |
| 17-603 |
Quo warranto matter: Are Deanna Jackson and Matthew Hurley eligible to hold seats on the Atwell Island Water District Board of Directors? |
Relators Milton D. Pace and Nathan Cameron |
Daniels 06/22/2017 |
| Opinion No. | Question | Assigned To |
|---|---|---|
| 11-201 |
Is a California charter school and its board of directors subject to: a) the Ralph M. Brown Act; or b) the California Public Records Act; or c) the Political Reform Act of 1974; or d) Government Code section 1090; or e) the review and inspection of books and records, by a Grand Jury formed pursuant to Penal Code section 888? (Most notably, the Grand Jury whose function it is to investigate and inquire into county functions of civil concern, see also, Penal Code section 933.6) |
Medeiros |
| 11-705 |
May a court impose a probation condition on a DUI defendant to make a specified payment to the DUIRR Program? |
Eisenberg |
| 12-1203 |
May a former local agency employee serve on that public agency's elected Board of Directors while still being carried on that agency's employee payroll solely for purposes of utilizing unused vacation leave remaining from his/her time as an active employee? |
Eisenberg |
| 14-101 |
May non-attorneys represent parties in (1) administrative proceedings conducted before the Office of Administrative Hearings, or (2) "due process hearings" conducted under the Education Code? |
Medeiros |
| 14-202 |
May the "premium" generated from a school district bond sale be used to pay for expenses of issuance and other transaction costs? |
Medeiros |
| 14-301 |
May an attorney who sits on a city council represent clients with interests adverse to that city? |
Daniels |
| 14-403 |
What is the scope of intergovernmental immunity (Gov. Code sections 53090-53091) where a city owns and leases real property in an unincorporated area of a county? |
Nolan |
| 15-101 |
May the Prison Industry Authority deposit funds in a commercial bank account not subject to immediate access or control by other state agencies? |
Binsacca |
| 15-301 |
Is the time for filing the report required under Business and Professions Code section 805 tolled when a healing arts "licentiate" requests a hearing on the action that triggered the filing requirement? |
Binsacca |
| 15-1102 |
Request for advice on the jurisdictional authority of a local housing authority and an out-of-state housing authority under state law. |
Binsacca |
| 16-102 |
When calculating the "maximum allowable residential density" number under the Density Bonus Law, must fractional numbers be rounded up to the next whole number, or may they be rounded up or down consistent with the local jurisdiction's zoning ordinances and/or general plan? (On hold due to pending litigation.) |
Eisenberg |
| 16-201 |
May a local jurisdiction require a subdivision applicant to eliminate the designation of a remainder parcel on a tentative parcel map, or require an applicant to provide additional analysis of a remainder parcel that has already been approved for development? |
Eisenberg |
| 16-301 |
May a water district provide retirement contributions to members of its governing board without violating statutory compensation limits? |
Medeiros |
| 16-402 |
Must specified prior offenders receive a formal pardon from the Governor in order to obtain a "Certificate of Rehabilitation and Pardon" and qualify for a classified employment position at a school or community college district? |
Eisenberg |
| 16-603 |
Does Voter Participation Rights Act apply to charter cities and school districts? |
Daniels |
| 16-702 |
Quo warranto matter: Does Elections Code section 10515(a) require a county Board of Supervisors to appoint water district directors under circumstances where incompatible office holding would result? |
Daniels |
| 16-801 |
May a fire protection district chief enforce regulations of the State Fire Marshal? |
Bidart |
| 17-101 |
May a city validly set health and welfare benefits for its city council members at a dollar amount equal to a set percentage of the benefits provided to the city's highest-income employee group, and, if not, what are the consequences of overpayment? |
Bidart |
| 17-102 |
May the California Legislature lawfully retain the services of private legal counsel? |
Nolan |
| 17-103 |
Does the county procurement process pose a conflict of interest or violate anti-competition laws? |
Daniels |
| 17-108 |
Does the ban on state-funded travel set forth in Government Code section 11139.8 apply to University of California and California State University athletic team staffs? |
Eisenberg |
| 17-202 |
Does state law preempt the enforcement of a county ordinance that declares “intentionally killed and left standing trees” to be a public nuisance? |
Bidart |
| 17-301 |
1. Must a trustee of Deer Creek Storm Water District be a “freeholder of land within the district;” and were correct procedures followed in filling a vacancy on the District’s board of trustees? |
Daniels |
| 17-302 |
May a police department interpret the term “sex” as used in Penal Code section 4030(k), pertaining to strip searches and body cavity searches, to include the gender identity and, where applicable, the gender expression of the person being searched? |
Bidart |
| 17-305 |
Quo warranto matter: Has Bell Gardens City Council member vacated her office due to excessive absences from council meetings? |
Binsacca |
| 17-601 |
Quo warranto matter: Did Dixon City Councilmember Devon Minnema satisfy the district residency requirement for the council seat he now holds? |
Bidart |
| 17-602 |
May a city condition its grant of a land developer’s application for a “density bonus” (see Gov. Code, section 65915) on the developer’s payment of a public benefit fee? |
Binsacca |
| 17-603 |
Quo warranto matter: Are Deanna Jackson and Matthew Hurley eligible to hold seats on the Atwell Island Water District Board of Directors? |
Daniels |
No opinions issued.
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