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 January 2021

Opinion No. Question Requested by Assigned To

May the same person serve as a member of the Board of Directors for both the Imperial County Office of Education and the Imperial County Community College District?

Imperial County Office of Education Daniels

Pending Matters:

Opinion Requests

Opinion No. Question Assigned To

May a District Attorney provide criminal defense counsel the defendant's unredacted state summary criminal history information during the criminal discovery process?


Does a request for access to personal information under the California Consumer Privacy Act apply to internally-generated inferences or derived data?

Duncan Lee

Does a declaration of (1) a shelter crisis under Government Code section 8698 et seq., or (2) a public emergency under Government Code section 8625 et seq., constitute a state of emergency for purposes of the “Good Samaritan” Law in Health and Safety Code section 1799.102?


Does a county board of supervisors have jurisdiction to hear PACE assessment appeals, and, if so, what is the administrative procedure?


May an executive director or other employee of a charter school serve as a member of the county board of education in the county where their employing school is located?


1. May an elected county recorder, whose operations are solely funded by recording fees collected as directed by Government Code section 27361, subdivision (a), re-claim from the county those fees diverted to the county’s general fund and utilized for supporting other county departments?

2. In the alternative, may the county recorder recoup the diverted funds by means of an offset?


Does Government Code section 83105 prohibit a Fair Political Practices Commission member from making a campaign contribution to a candidate for President and/or Congress?


Under the "remote interest" exception set forth in Government Code section 1091(b)(17), may a member of the South Coast Air Quality Management District (District) apply for and obtain District grants for their import/export logistics business without violating Government Code section 1090's prohibition against public officials holding a personal financial interest in public contracts?


Does Government Code section 1090 permit a County Superintendent of Education, who is also a special education teacher employed by the County, to negotiate on behalf of the County in collective bargaining with his represented special education teachers’ employment unit?


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


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

Duncan Lee

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?


1. May a county superintendent of schools stay the issuance of bonds by a school district in fiscal distress under Education Code section 42127.6?

2. May such a stay remain in place pending resolution of an investigation related to the fiscal distress or outstanding audit deficiencies?


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


Is it a Brown Act violation for joint powers authority members to consult with their respective appointing authority during its open meeting? Is it a due process violation for member agencies of the authority to instruct their respective appointees to the authority on how to decide a pending adjudicative matter?


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


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?


May the "premium" generated from a school district bond sale be used to pay for expenses of issuance and other transaction costs?


Quo Warranto Matters

Opinion No. Question Assigned To

May the same person serve as a member of the Board of Directors for both the Imperial County Office of Education and the Imperial County Community College District?


Opinions Issued in January 2021

Opinion No. Conclusion Published

Question: Does California law authorize a county to contract with the military for the county to provide certain governmental services—such as water, waste removal, sewage, landscaping, street maintenance, and emergency vehicle repair—in support of a military installation within the county?

Conclusion: Yes. California law generally authorizes a county to contract with the military for the county to provide those kinds of services in support of a military installation within the county.