Legal Opinions of the Attorney General - Monthly Opinion Report

Is a California charter school and its board or directors subject to the Ralph M. Brown Act; the California Public Records Act; the Political Reform Act of 1974; Government Code section 1090; or the review and inspection of books and records, by a Grand Jury formed pursuant to Penal Code section 888?

To facilitate compliance with Brady v. Maryland, may the California Highway Patrol lawfully release to the district attorney’s office the names of officers who have sustained complaints of dishonesty or moral turpitude conduct, with no information other than the officer’s name and date of earliest conduct, so that the district attorney may bring a Pitchess/Brady motion for in camera review of the officers’ personnel files? Does Penal Code section 832.7, subdivision (a), authorize the district attorney to routinely review the personnel files of peace officers who will be prosecution witnesses?

May a former local agency employee serve on that same 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?

In connection with a school or community college bond measure, does a district violate state law by contracting with a bond underwriter for both pre-election campaign services and post-election underwriting services?

Are reverse cellular phone kiosks "secondhand dealers" within the meaning of Business and Professions Code section 21626?

Does state law preempt a local ordinance that would require dentists in that jurisdiction to provide their patients with a Dental Materials Fact Sheet and Statement of Rights before performing specified procedures?

Are medical assistants legally permitted to perform basic pulmonary function testing, such as spirometry?

1. Does the Administrative Procedure Act authorize an individual who is not an active member of the California State Bar to represent a party in an administrative proceeding conducted by the Office of Administrative Hearings?

2. Does 20 USC 1415(h)91), its implementing regulations, or Education Code section 56505 authorize an individual who is not an active member of the California State Bar to represent a party in a "due process hearing"?

May an attorney who sits on a city council represent clients with interests adverse to that city?

Under state law, may local authorities restrict parking on public streets to those persons issued residential parking permits?

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?

If a school superintendent's employment contract allows the superintendent to receive cash in lieu of medical benefits, may the school board members receive an equivalent sum in a whole life insurance policy in lieu of medical benefits?

Do technical failures on local agencies' websites violate online agenda posting requirements subject to the Brown Act open meeting laws? (Gov. Code section 54954.2.)