Legal Opinions of the Attorney General - Monthly Opinion Report

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.

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New Questions Assigned During July 2019

Opinion No. Question Requested by Assigned To
19-701

Was the city required to meet and confer with the city firefighters union before repealing city charter procedures for binding interest arbitration of collective bargaining impasses?

Relator Int'l. Ass'n. of Firefighters, Local 1319, AFL-CIO Daniels
07/18/2019

Pending Matters:


Opinion Requests

Opinion No. Question Assigned To
19-405

Does Government Code section 1090 permit a County Superintendent of Education to negotiate in collective bargaining with his represented employment unit?


Nolan
19-401

May a county enter into a joint contract with a local military installation?


Bidart
19-301

Is a paid victim advocate for sexually exploited youth a mandated reporter under the Child Abuse and Neglect Reporting Act CANRA?


Eisenberg
19-203

Is there a statutory or constitutional exception for non-profit religious organizations conducting employee criminal background checks under Labor Code section 432.7(a)?


Binsacca
18-1001

Is a county animal shelter permitted to refuse to relinquish an owner-surrendered dog to a nonprofit no-kill shelter?


Medeiros
18-902

When a subdivider owns one parcel and subdivides that parcel pursuant to a parcel map, then sells off the resulting new subdivided parcels, and subsequently acquires a contiguous parcel and seeks to divide that parcel pursuant to a parcel map, should the local agency count the previously subdivided contiguous parcels as part of the application?


Medeiros
18-901

1. Is the Bagley-Keene Act violated if the Commission votes on an agenda item where the agenda states only that the matter will be discussed, not specifically that the Commission would take any action on the item, but the top of the agenda contains a general statement that the Commission may act on any item listed on the agenda?


2. Is the Bagley-Keene Act violated if a majority FPPC Commissioners meet outside a public meeting (e.g., over lunch) and talk about how the Bagley-Keene Act applies to the FPPC?


3. Is the Bagley-Keene Act violated if one member of the public sends an email to five FPPC Commissioners and other members of the public and one Commissioner responds by email, but only to the members of the public?


Daniels
18-603

1. Does a county superintendent of education’s “stay and rescind” authority permit the stay of sale or issuance of bonds by a school district with a qualified or negative certification? (Ed. Code sec. 42127.6)


2. May such a stay remain in place pending resolution of a related investigation by the District Attorney?


Binsacca
18-502

Do nuisance abatement liens expire after 10 years; if so, what is the procedure and effective date for renewal?


Bidart
18-501

Are public benefit corporations exempt from the document transfer tax?


Binsacca
18-303

How is recordation of maps and surveys to be treated under SB 2?


Binsacca
18-201

Is it a Brown Act violation for joint powers authority members to consult appointing authority in open session?


Bidart
18-103

Does Penal Code section 919(b) require the civil grand jury to annually investigate local detention centers as "public prisons"?


Bidart
17-701

What are the proper uses of civil enforcement penalty funds collected under the Unfair Competition Law?


Medeiros
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
17-101

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
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
16-201

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
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
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
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

Quo Warranto Matters

Opinion No. Question Assigned To
19-701

Was the city required to meet and confer with the city firefighters union before repealing city charter procedures for binding interest arbitration of collective bargaining impasses?


Daniels
17-603

Are Deanna Jackson and Matthew Hurley eligible to hold seats on the Atwell Island Water District Board of Directors? (On hold pending litigation.)


Daniels

Opinions Issued in July 2019

Opinion No. Conclusion Published
18-304

Question: 1. May a member of a county board of supervisors also serve as one of its appointed representatives to the county’s local transportation commission, which allocates transportation funds to the county? 2. May a member of a joint powers agency, established by the county as a transit operator, also serve as the appointed representative of the transit operators to the local transportation commission, which allocates transportation funds to the joint powers agency? 3. May a member of the county board of supervisors also serve as one of its appointed representatives to a joint powers agency established by the county as a transit operator? 4. May a member of the county board of supervisors who is serving as one of its appointed representatives to the local transportation commission (see question one) also serve as one of the board’s appointed representatives to a joint powers agency established by the county as a transit operator (see question three)?

Conclusion: 1. A member of a county board of supervisors may also serve as one of its appointed representatives to the county’s local transportation commission because the Legislature has expressly authorized such simultaneous service. 2. A member of a joint powers agency, established by the county as a transit operator, may also serve as the transit operators’ appointed representative to the local transportation commission because the Legislature has expressly authorized such simultaneous service. 3. A member of the county board of supervisors may also serve as one of its appointed representatives to the joint powers agency established by the county as a transit operator because the Legislature has expressly authorized such simultaneous service. 4. Because the Legislature has not limited these express authorizations, the same member of the board of supervisors who is serving as one of its appointed representatives to the local transportation commission may also serve as one of the board of supervisors’ appointed representatives to a joint powers agency established by the county as a transit operator.

07/25/2019