Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1986

Opinion Question Conclusion(s) Issued
86-805 1. Must merchandise be physically damaged in order for a merchant to recover in a civil action the amount of $50 to $500 specified in Penal Code section 490.5?

2. Is the disposition of a criminal court action a prerequisite for the recovery of damages in a civil action filed under Penal Code section 490.5?

3. Does payment of a demand for damages under Penal Code section 490.5 result in a compromise as specified in Penal Code section 1378? 		1. Merchandise need not be physically damaged in order for a merchant to recover in a civil action the amount of $50 to $500 specified in Penal Code section 490.5.

2. The disposition of a criminal court action is not a prerequisite for the recovery of damages in a civil action filed under Penal Code section 490.5.

3. Payment of a demand for damages under Penal Code section 490.5 does not in itself result in a compromise as specified in Penal Code section 1378.

Official Citation: 69 Ops.Cal.Atty.Gen. 271 		12/09/1986
86-803 Are a fire station and a library "public works" upon which "prevailing wages" must be paid by a private developer, where the developer agrees to construct the facilities and transfer them to a county as a condition precedent for the county amending the land use element of its general plan and approving the final subdivision maps for the development? A fire station and a library are "public works" upon which "prevailing wages" must be paid by a private developer, where the developer agrees to construct the facilities and transfer them to a county as a condition precedent for the county amending the land use element of its general plan and approving the final subdivision maps for the development.

Official Citation: 69 Ops.Cal.Atty.Gen. 300 		12/31/1986
86-606 May a school district implement, pursuant to a collective bargaining agreement, an additional one-time salary adjustment unrelated to the negotiated salary schedule for certificated employees? A school district may implement, pursuant to a collective bargaining agreement, an additional one-time salary adjustment unrelated to the negotiated salary schedule for certificated employees?

Official Citation: 69 Ops.Cal.Atty.Gen. 268 		11/25/1986
86-602 When a corporation submits a bid to furnish goods or services to the California State Lottery, must the corporation disclose the names and addresses of the officers, directors and stockholders of a company that owns stock in the corporation? When a corporation submits a bid to furnish goods or services to the California State Lottery, the corporation must disclose the names and addresses of the officers, directors and stockholders of a company that owns stock in the corporation if such company has the power to control the management and policies of the corporation. Shareholder disclosure is limited in the case of publicly traded corporations to those known to the corporation to beneficially own five percent or more of the publicly held securities.

Official Citation: 69 Ops.Cal.Atty.Gen. 295 		12/31/1986
86-601 May a member of a county board of education serve as a substitute teacher for a district which falls within the board's jurisdiction and may he or she do so for one which does not? A member of a county board of education may not serve as a substitute teacher in a district which falls within the board's jurisdiction but may do so in one which does not.

Official Citation: 69 Ops.Cal.Atty.Gen. 290 		12/31/1986
86-504 May a city adopt an ordinance prohibiting the sounding of train whistles at street crossings within the city? A city may not adopt an ordinance prohibiting the sounding of train whistles at street crossings within the city.

Official Citation: 69 Ops.Cal.Atty.Gen. 203 		08/19/1986
86-406 Must a public utility district that provides fire protection services through a private independent fire force staffed and operated entirely by volunteers enforce the building standards and other regulations relating to fire and panic safety that have been adopted by the State Fire Marshal? A public utility district that provides fire protection services through a private independent fire force that is staffed and operated entirely by volunteers has a duty to see that the building standards and other regulations relating to fire and panic safety that have been adopted by the State Fire Marshal are enforced within the district, either by appointing a chief fire official of the district to enforce them or by formally requesting the Fire Marshal to assume the obligation.

Official Citation: 69 Ops.Cal.Atty.Gen. 260 		11/06/1986
86-401 Where the spouse of a school board member has been employed by the school district for several years before the board member's election or appointment, would section 1090 of the Government Code prohibit the employed spouse from being promoted or from being appointed to a different employment position with the school district? Where the spouse of a school board member has been employed by the school district for several years before the board member's election or appointment, section 1090 of the Government Code would prohibit the employed spouse from being promoted if such promotion involves any action by the board itself. It would also prohibit the spouse from being appointed to a different employment position with the school district.

Official Citation: 69 Ops.Cal.Atty.Gen. 255 		11/04/1986
86-304 Are cities and counties required to comply with the 30-year use restriction provisions of Government Code sections 37364 and 65916 when they use federal community development block grant funds to provide housing affordable to persons of low and moderate income by (1) purchasing property from a private developer and reconveying it to him for a nominal sum or (2) purchasing an interest in the property allowing them to restrict use of the property to affordable housing? Cities and counties are required to comply with the 30-year use restriction provisions of Government Code sections 37364 and 65916 when they use federal community development block grant funds to provide housing affordable to persons of low and moderate income by (1) purchasing property from a private developer and reconveying it to him for a nominal sum or (2) purchasing an interest in the property allowing them to restrict use of the property to affordable housing.

Official Citation: 69 Ops.Cal.Atty.Gen. 225 		10/15/1986
86-301 1. Can the San Francisco Juvenile Court assume jurisdiction under the provisions of section 300 of the Welfare and Institutions Code over "homeless" minors who are found in San Francisco, but who came to San Francisco from other counties or out-of-state?

2. Can the San Francisco Juvenile Court retain jurisdiction over these "homeless" minors and place them in the custody of the San Francisco Department of Social Services?

3. Would state or federal law requirements for family reunification services prevent the San Francisco Juvenile Court from exercising jurisdiction over these "homeless" minors pursuant to the provisions of section 300 et seq. of the Welfare and Institutions Code?

4. Would these "homeless" minors placed in the custody of the San Francisco Department of Social Services meet the residence requirements for Aid to Families with Dependent Children-Foster Care (AFDC-FC) payments and services?

5. Would state or federal law requirements for family reunification services render these "homeless" minors who are under the jurisdiction of the San Francisco Juvenile Court ineligible for Aid to Families with Dependent Children-Foster Care (AFDC-FC) payments?

6. As between the state and the county, who would be responsible for foster care payments and services and in what proportions?

7. Would San Francisco be allowed to place out-of-county minors in San Francisco County foster placement funded by the State of California Aid to Families with Dependent Children-Foster Care (AFDC-FC) program in light of section 361 of the Welfare and Institutions Code?

8. Would San Francisco be allowed to place out-of-state minors in San Francisco County foster placement funded by the State of California Aid to Families with Dependent Children-Foster Care (AFDC-FC) in light of section 361 of the Welfare and Institutions Code? 		1. The San Francisco Juvenile Court can assume jurisdiction under the provisions of sections 300 and 327 of the Welfare and Institutions Code over "homeless" minors who are found in San Francisco but who came to San Francisco from other counties or other states if such minors meet any of the criteria set forth in those sections for being adjudged a dependent child of the court.

2. The San Francisco Juvenile Court can retain jurisdiction over these "homeless" minors and place them in the custody of the San Francisco Department of Social Services.

3. Neither state nor federal law requirements for family reunification services would prevent the San Francisco Juvenile Court from exercising jurisdiction over these "homeless" minors pursuant to the provisions of section 300 et seq. of the Welfare and Institutions Code provided that the court complies with subdivision (c) of section 361 with respect to placement of the minors.

4. These "homeless" minors placed in the custody of the San Francisco Department of Social Services would meet the residence requirements for Aid to Families with Dependent Children-Foster Care (AFDC-FC) payments and services.

5. Neither state nor federal law requirements for family reunification services would render these "homeless" minors under the jurisdiction of the San Francisco Juvenile Court ineligible for Aid to Families with Dependent Children-Foster Care (AFDC-FC) payments.

6. The State of California and the City and County of San Francisco would be responsible for these foster care payments and services, with the state being responsible for ninety-five percent of the costs and the county being responsible for the remaining five percent.

7. Section 361 of the Welfare and Institutions Code would not prevent San Francisco from placing out-of-county minors in San Francisco foster placement funded by the State of California Aid to Families with Dependent Children-Foster Care (AFDC-FC) program provided that the requirements of subdivision (c) of that section are met as to the placement of the minors.

8. Section 361 of the Welfare and Institutions Code would not prevent San Francisco from placing out-of-state minors in San Francisco foster placement funded by the State of California Aid to Families with Dependent Children-Foster Care (AFDC-FC) program provided that the requirements of subdivision (c) of that section are met as to the placement of the minors.

Official Citation: 69 Ops.Cal.Atty.Gen. 241 		10/23/1986
86-205 1. Does state law (Gov. Code, § 66780.5) require the approval of the City of Wheatland to amend the Yuba-Sutter Bi-County Solid Waste Management Plan?

2. Does the Joint Powers Agreement entered into between Sutter County, Yuba County, Marysville, Live Oak, Yuba City and Wheatland to administer the Yuba-Sutter Bi-County Solid Waste Management Plan require the concurrence of the City of Wheatland to amend it?

3. In the event that such approval is needed for either reason, is the requirement constitutional? 		1. State law does require the approval of the City of Wheatland to amend the Yuba-Sutter Bi-County Solid Waste Management Plan.

2. The Joint Powers Agreement entered into between Sutter County, Yuba County, Marysville, Live Oak, Yuba City and Wheatland does require the approval of the City of Wheatland to amend the Yuba-Sutter Bi-County Solid Waste Management Plan.

3. Said requirement is not unconstitutional.

Official Citation: 69 Ops.Cal.Atty.Gen. 160 		07/08/1986
86-203 1. Does section 54956.9 of the Government Code, a provision in the Ralph M. Brown Act, authorize closed sessions of a city council for the purpose of discussing a proposed or tentative cease and desist order issued by a regional water quality control board?

2. Where one city agency has discussed in open session a proposed or tentative cease and desist order issued by a regional water quality control board, may the city council thereafter invoke section 54956.9 of the Government Code to discuss the same cease and desist order with its city attorney in closed session? 		1. When a proposed or tentative cease and desist order has been served upon a city by a regional water quality control board, an "adjudicatory proceeding" has been commenced within the meaning of section 54956.9 of the Government Code. Accordingly, that section would authorize closed sessions of the city council with its city attorney to receive his or her advice and to discuss the legal options and strategies available to the city with respect to such "adjudicatory proceeding."

2. Where one city agency has discussed in open session a proposed or tentative cease and desist order issued by a regional quality control board, the city council may nevertheless invoke the adjudicatory proceeding exception to the open meeting law to hold closed session meetings with its city attorney to receive his or her advice and to discuss the legal options and strategies open to the city with respect to such adjudicatory proceedings.

Official Citation: 69 Ops.Cal.Atty.Gen. 232 		10/22/1986
86-202 Must a release of a mechanic's lien be acknowledged before it qualifies for recording by the county recorder? A release of a mechanic's lien must be acknowledged before it qualifies for recording by the county recorder.

Official Citation: 69 Ops.Cal.Atty.Gen. 97 		05/14/1986
86-201 1. Is an employee of a local public agency who is a member of the State Military Reserve entitled to a temporary leave of absence from his employment to attend active and inactive reserve activities?

2. Under what circumstances, if any, may a member of the State Military Reserve be ordered to active duty?

3. What employment rights to salary and length of leave, if any, does an employee of a local public agency have who is ordered to active duty as a member of the State Military Reserve? 		1. An employee of a local public agency who is a member of the State Military Reserve is entitled to a temporary leave of absence from his employment to attend active, but not inactive, reserve activities.

2. A member of the State Military Reserve may be ordered to active duty during times of war, rebellion, insurrection, riot, public calamity or catastrophe and other emergencies as set forth in Military and Veterans Code sections 142, 143, and 146.

3. An employee of a local public agency who is ordered to active duty as a member of the State Military Reserve is entitled to leave with pay for not more than 30 calendar days from his employer and a leave of absence for the duration of the duty as specified in Military and Veterans Code section 395.05.

Official Citation: 69 Ops.Cal.Atty.Gen. 185 		08/07/1986
86-109 Under what circumstances may the Yuba County Water Agency Advisory Council remove one of the two directors of the Yuba County Water Agency Board of Directors it had elected pursuant to section 7(b) of the Yuba County Water Agency Act? The Yuba County Water Agency Advisory Council has no authority itself to remove a director it had elected to the Yuba County Water Agency Board of Directors under any circumstances.

Official Citation: 69 Ops.Cal.Atty.Gen. 126 		06/12/1986
86-108 1. May the resource conservation districts of California organize their statewide association formed pursuant to Public Resources Code section 9417 as a non-profit corporation composed of and controlled by the districts?

2. What is the liability of districts as members and district directors as elected officials if the unincorporated association of districts were sued and judgment rendered against it and would this exposure to liability change if the association were incorporated? 		1. The resource conservation districts of California may organize their statewide association formed pursuant to Public Resources Code section 9417 as a non-profit corporation composed of and controlled by the districts.

2. A judgment rendered against the unincorporated association of districts would generally bind the member districts but not the district directors. A judgment rendered against the corporation formed to replace the un-incorporated association would generally not bind the member districts or district directors. Incorporation of the association, however, would not assure member districts or district directors that they would not be liable for corporate obligations or joined in the litigation against the corporation.


Official Citation: 69 Ops.Cal.Atty.Gen. 218 		09/04/1986
86-107 Is a 12-year-old Arabian stallion which has never raced and which has sired several foals none of which has ever raced, eligible for the "in-lieu taxation" provided by part 12 of the Revenue and Taxation Code? A 12-year-old Arabian stallion which has never raced and which has sired several foals none of which has ever raced, is nonetheless eligible for in-lieu taxation under part 12 of the Revenue and Taxation Code if he was used for breeding purposes during the previous two calendar years in order to produce progeny that would race. That is a question of fact for the assessor to determine from all the evidence.

Official Citation: 69 Ops.Cal.Atty.Gen. 88 		04/30/1986
86-103 1. Would a state law or county ordinance which provides for a citizens advisory committee appointed by the board of supervisors which would hold hearings on complaints of unethical campaign practices described in sections 12500 et seq. of the Elections Code and publicize its findings prior to the election violate the constitutional guarantee of freedom of speech?

2. Would a state law or county ordinance which requires ballots to indicate whether the candidates for elective county office have signed or refused to sign the Code of Fair Campaign Practices provided for in sections 12500 et seq. of the Elections Code violate the constitutional guarantee of freedom of speech? 		1. A state law or county ordinance which provides for a citizens advisory committee appointed by the board of supervisors which would hold hearings on complaints of unethical campaign practices described in section 12500 et seq. of the Elections Code and would publicize its findings prior to the election would violate the constitutional guarantee of freedom of speech.

2. A state law or county ordinance which requires ballots to indicate whether the candidates for elective county office have signed or refused to sign the Code of Fair Campaign Practices provided for in sections 12500 et seq. of the Elections Code would violate the constitutional guarantee of freedom of speech.

Official Citation: 69 Ops.Cal.Atty.Gen. 278 		12/30/1986
86-101 May a county with a valid merger ordinance in existence prior to January 1, 1984, continue to treat "resource lands" as merged thereunder where the county has not given notice of the merger to the landowner or recorded a notice of the merger? A county with a valid merger ordinance in existence prior to January 1, 1984, may continue until January 1, 1988, to treat "resource lands" as merged thereunder where the county has not given notice of the merger to the landowner or recorded a notice of the merger; thereafter, only substandard size parcels may continue to be treated as merged under the terms of Government Code section 66451.301.

Official Citation: 69 Ops.Cal.Atty.Gen. 209 		08/29/1986
85-1105 A member of a school district governing board, whose term of office commenced in December 1983, is married to a tenured teacher, whose employment with the school district commenced in September 1983. Does section 1090 of the Government Code prohibit the school district board from entering into an annual collective bargaining agreement with a teachers' association which represents the board member's wife either during his current term of office, or during a future term if re-elected? If not, may the board member participate in the making of such contract? Under the facts stated above, section 1090 of the Government Code literally prohibits a school district board from entering into an annual collective bargaining agreement with the teachers' association during the board member's current term of office. However, such agreement can still be entered into under the "rule of necessity."

If the board member is re-elected, section 1090 of the Government Code would not prohibit the collective bar- gaining agreement by virtue of the provisions of section 1091.5, subdivision(a)(6) of the Government Code.

During his current term of office, the board member should abstain from participation in the making of the annual collective bargaining agreement. He may, however, participate in its making during a future term of office if he is re-elected.

Official Citation: 69 Ops.Cal.Atty.Gen. 102 		05/16/1986
85-1104 May a redevelopment agency reimburse a landowner for property assessments paid to construct a flood control project where former members of the agency told the landowner that they would vote to reimburse him for all or some portion of the assessments from surplus funds that might come into the possession of the agency if the landowner would not formally protest the construction of the project? A redevelopment agency may not reimburse a landowner for property assessments paid to construct a flood control project where former members of the agency told the landowner that they would vote to reimburse him for all or some portion of the assessments from surplus funds that might come into the possession of the agency if the landowner would not formally protest the construction of the project.

Official Citation: 69 Ops.Cal.Atty.Gen. 147 		06/24/1986
85-1103 May a school district which accepts students from a neighboring school district charge the latter district for the actual costs of educating the students? Except as provided in Education Code sections 46616 and 46619, a school district which accepts students from a neighboring school district may not charge the latter district for the actual costs of educating the students.

Official Citation: 69 Ops.Cal.Atty.Gen. 84 		04/30/1986
85-1102 1. Does Penal Code section 70, subdivision (d), prohibit a peace officer of a local public agency from engaging in off-duty employment as a private security guard or patrolman if the peace officer will be working in civilian clothes or in the uniform of the private employer?

2. Under Penal Code section 70, subdivision (d), is the local public agency liable for the actions of the peace officer when he or she is engaged in such off-duty private employment in civilian clothes or in the uniform of the private employer? 		1. Penal Code section 70, subdivision (d), does not prohibit a peace officer of a local public agency from engaging in off-duty employment as a private security guard or patrolman even if the peace officer will be working in civilian clothes or in the uniform of the private employer. However, the peace officer so employed acts only as a private person and not as a public officer or in an official capacity.

2. Under Penal Code section 70, subdivision (d), the local public agency is not liable for the actions of the peace officer when he or she is engaged in such off-duty private employment in civilian clothes or in the uniform of the private employer.

Official Citation: 69 Ops.Cal.Atty.Gen. 119 		06/06/1986
85-1101 1. Is the Department of Alcoholic Beverage Control authorized to adopt a regulation allowing a retail licensee to transport tax paid alcoholic beverages to a Free Port warehouse facility maintained by the retailer outside the state for "temporary retention" prior to delivery to the retailer's licensed premises in California?

2. Is the Department of Alcoholic Beverage Control authorized to adopt a regulation allowing a retail licensee to transport alcoholic beverages on its own vehicles from a Free Port warehouse facility maintained by the retailer outside the state to the retailer's licensed premises in California? 		1. The Department of Alcoholic Beverage Control is not authorized to adopt a regulation allowing a retail licensee to transport tax paid alcoholic beverages to a Free Port warehouse facility maintained by the retailer outside the state for "temporary retention" prior to delivery to the retailer's licensed premises in California, if such retention constitutes storage.

2. The Department of Alcoholic Beverage Control is not authorized to adopt a regulation allowing a retail licensee to transport alcoholic beverages on its own vehicles from a Free Port warehouse facility maintained by the retailer outside the state to the retailer's licensed premises in California, if such goods have been stored in the out-of-state facility.

Official Citation: 69 Ops.Cal.Atty.Gen. 191 		08/08/1986
85-1005 Does Government code section 24050 impose personal liability upon a county officer for the reasonable value of the services falling within his statutory duties which remain uncompleted at the expiration of his term of office? Government Code section 24050 imposes personal liability upon a county officer for the reasonable value of the services falling within his statutory duties which remain uncompleted at the expiration of his term of office only to the extent fees were paid to and retained by the officer to perform the particular services.

Official Citation: 69 Ops.Cal.Atty.Gen. 77 		04/22/1986
85-1002 Does the term "full cash value" as used in Government Code section 51283 have the same meaning as the definition set forth in Revenue and Taxation Code section 110.1? The term "full cash value" as used in Government Code section 51283 does not have the same meaning as the definition set forth in Revenue and Taxation Code section 110.1.

Official Citation: 69 Ops.Cal.Atty.Gen. 70 		04/22/1986
85-1001 1. What rate of privilege tax shall be paid by a person licensed under section 8040 of the Fish and Game Code for imported shrimp other than the species Pandalus jordani?

2. What rate of privilege tax shall be paid by a person licensed under section 8040 of the Fish and Game Code who cold smokes salmon for human consumption?

3. For purposes of computing the privilege tax prescribed by section 8045 of the Fish and Game Code, when must the fish be weighed?

4. Does the privilege tax prescribed by section 8045 of the Fish and Game Code apply only to the first licensed wholesale dealer or also to subsequent licensed wholesalers?

5. Is the state estopped from collecting privilege taxes prescribed by section 8045 of the Fish and Game Code for prior years which were not collected or paid because of an erroneous administrative interpretation that such taxes were not due?

6. Is the state authorized to collect statutory penalties and interest on privilege taxes prescribed by section 8045 of the Fish and Game Code for prior years which were not collected or paid because of the taxpayer's justifiable reliance upon an erroneous administrative interpretation that such taxes were not due?

7. Is the Director of Fish and Game authorized to forgive the payment of privilege taxes prescribed by section 8045 of the Fish and Game Code for prior years which were not collected or paid because of an erroneous administrative interpretation that such taxes were not due? 		1. The rate of privilege tax which shall be paid by a person licensed under section 8040 of the Fish and Game Code for imported shrimp other than Pandalus jordani is $0.0125 per pound. However, such shrimp which are for human consumption and are not thereafter canned or cooked by a licensee are not subject to such tax.

2. The rate of privilege tax which shall be paid by a person licensed under section 8040 of the Fish and Game Code who cold smokes salmon for human consumption is $0.0500 per pound, based on the weight in the round. However, salmon imported for human consumption and which are thereafter cold smoked are subject to such tax only if canned by a licensee.

3. For purposes of computing the privilege tax prescribed by section 8045 of the Fish and Game Code, the fish must be weighed when initially purchased, received or taken by the taxpayer. However, the tax applicable to salmon, except imported salmon offal, is based on the weight in the round.

4. The privilege tax prescribed by section 8045 of the Fish and Game Code applies to the first and to subsequent licensed wholesalers.

5. Whether the state is estopped from collecting privilege taxes prescribed by section 8045 of the Fish and Game Code for prior years which were not collected or paid because of an erroneous administrative interpretation that such taxes were not due would depend upon the determination of ultimate facts, e.g., whether the case is "unusual," the justification "clear" and the injustice "great."

6. The state is not authorized to collect statutory penalties and interest on privilege taxes prescribed by section 8045 of the Fish and Game Code for prior years which were not collected or paid because of the taxpayer's justifiable reliance upon an erroneous administrative interpretation that such taxes were not due.

7. The Director of Fish and Game is not authorized to forgive the payment of privilege taxes prescribed by section 8045 of the Fish and Game Code for prior years which were not collected or paid because of an erroneous administrative interpretation that such taxes were not due.

Official Citation: 69 Ops.Cal.Atty.Gen. 168 		07/10/1986
85-907 May the city council of a general law city specify the location of the office where the elected treasurer conducts city business? A city council of a general law city may specify the location where the elected city treasurer conducts city business.

Official Citation: 69 Ops.Cal.Atty.Gen. 25 		03/14/1986
85-906 In an unsuccessful recall effort to recall school trustees, where a county clerk performs services including checking signatures on the recall petition and certifying the petition as insufficient, are the costs incurred by the county clerk a county charge or a school district charge? In an unsuccessful recall effort to recall school trustees, where a county clerk performs services including checking signatures on the recall petition and certifying the petition as insufficient, the costs incurred by the county clerk are a school district charge.

Official Citation: 69 Ops.Cal.Atty.Gen. 46 		03/14/1986
85-904 Is an individual who has elected deferred retirement pursuant to section 31700 et seq. of the Government Code eligible to receive credit in a county retirement system for prior public service pursuant to section 31641.1 of the Government Code? An individual who has elected deferred retirement pursuant to section 31700 et seq. of the Government code is eligible to receive credit in a county retirement system for prior public service pursuant to section 31641.1 of the Government Code.

Official Citation: 69 Ops.Cal.Atty.Gen. 20 		02/14/1986
85-903 Are the motor carrier records of the Department of the California Highway Patrol exempt from disclosure to the general public? The motor carrier records of the Department of the California Highway Patrol are not exempt from disclosure to the general public.

Official Citation: 69 Ops.Cal.Atty.Gen. 129 		06/19/1986
85-804 When a member of the California Highway Patrol seizes a vehicle or other item without a search warrant and arranges to have it transported and stored for safekeeping to be used as evidence in the investigation and possible prosecution of a crime, is the state or the county where the crime occurred, or both, responsible for the towing and storage charges? When a member of the California Highway Patrol seizes a vehicle or other item without a search warrant and arranges to have it transported and stored for safekeeping to be used as evidence in the investigation and possible prosecution of a crime, the county where the crime occurred is responsible for the towing and storage charges from the time the criminal proceeding commences until it terminates and the state is responsible for such charges at other times unless the district attorney or sheriff has authorized such expenses as charges against the county.

Official Citation: 69 Ops.Cal.Atty.Gen. 36 		03/14/1986
85-803 Does the State Building Safety Board have the duty to hear appeals with respect to those aspects of the construction of hospitals dealing with fire safety and its related details? The State Building Safety Board does not have the duty to hear appeals with respect to those aspects of the construction of hospitals dealing with fire safety and its related details.

Official Citation: 69 Ops.Cal.Atty.Gen. 114 		06/03/1986
85-802 May a person arrested for a misdemeanor pursuant to a warrant for his or her arrest be released on a promise to appear in court as provided in Penal Code section 853.6? A person arrested for a misdemeanor pursuant to a warrant for his or her arrest may not be released on a promise to appear in court as provided in Penal Code section 853.6.

Official Citation: 69 Ops.Cal.Atty.Gen. 139 		06/23/1986
85-702 May a county recorder refuse to accept a mining claim affidavit without violating federal law, where the refusal is based upon a county resolution adopted under the terms of Public Resources Code section 2315.1? A county recorder may refuse to accept a mining claim affidavit without violating federal law, where the refusal is based upon a county resolution adopted under the terms of Public Resources Code section 2315.1.

Official Citation: 69 Ops.Cal.Atty.Gen. 1 		01/28/1986
85-605 Is a dentist authorized to utilize the following in the course of the practice of dentistry: (1) urinalysis; (2) blood analysis; (3) hair analysis; (4) transcutaneous nerve stimulation; (5) electrogalvanic stimulation; (6) palpation to diagnose problems with the liver, thyroid and adrenal glands, (7) dietary recommendations; (8) prescribing Elavil to relax muscles, or (9) using oral drops to determine vitamin or mineral assimilation. In the course of the practice of dentistry a dentist may utilize urinalyses, blood analyses and hair analyses, transcutaneous nerve stimulation and electro-galvanic stimulation, may offer dietary recommendations, may use oral drops to determine vitamin assimilation, and may prescribe the use of Elavil to relax muscles, if such undertakings are necessary to diagnose or treat a disease of the human teeth, alveolar process, gums, jaws, or associated structures, and if they have been accepted as an effective means thereof by the dental community. A dentist is not authorized to palpate the liver, thyroid or adrenal glands.

Official Citation: 69 Ops.Cal.Atty.Gen. 29 		03/14/1986
85-601 May a California magistrate authorize the installation of a pen register by the issuance of a search warrant? A California magistrate may authorize the installation of a pen register by the issuance of a search warrant.

Official Citation: 69 Ops.Cal.Atty.Gen. 55 		04/11/1986
85-404 Do Labor Code sections 1101 and 1102 prohibit a private employer from discriminating on the basis of homosexual orientation or affiliation? Labor Code sections 1101 and 1102 prohibit a private employer from discriminating on the basis of homosexual orientation or affiliation.

Official Citation: 69 Ops.Cal.Atty.Gen. 80 		04/30/1986
85-302 When a patient in a private nursing home dies are his or her medical records available to private citizens who bear no legal or familial relationship to the deceased who wish to investigate the cause of death? The medical records of a person who dies in a private nursing home are not available to private persons who bear no legal or familial relationship to the deceased who wish to investigate the cause of death.

Official Citation: 69 Ops.Cal.Atty.Gen. 14 		02/13/1986
85-205 For purposes of the Moore Universal Telephone Services Act, are the revenues received by interLATA intrastate suppliers of telecommunications services for providing intraLATA intrastate telecommunications services included within taxable gross revenues? For purposes of the Moore Universal Telephone Services Act, the revenues received by interLATA intrastate suppliers of telecommunications services for providing intraLATA intrastate telecommunications services are included within taxable gross revenues.

Official Citation: 69 Ops.Cal.Atty.Gen. 8 		02/11/1986
85-107 1. What duties may be assigned to a level III reserve peace officer?

2. What degree of supervision is required over a level III reserve peace officer?

3. May a level I reserve peace officer supervise a level III reserve peace officer? 		1. A level III reserve peace officer may:

(a) Be assigned to perform search and rescue, personnel administration support, community public information services, communications technician services and scientific services without supervision; and

(b) Be given other limited duty assignments which do not require use of general law enforcement powers in their routine performance and which may only be performed under the direct supervision of a peace officer possessing a regular POST basic certificate. General law enforcement powers include the investigation of crime including the interrogation of suspects and witnesses and search for physical evidence; peace officer arrests, searches and seizures; and the taking and maintaining of custody of persons arrested for or convicted of crime.

2. The degree of supervision required over a level III reserve peace officer is that required to provide reasonable assurance that the limited duty assigned will be successfully performed without harm to the reserve or others.

3. A level I reserve peace officer may supervise a level III reserve peace officer only if he or she possesses a regular basic certificate issued by the Commission on Peace Officer Standards and Training.

Official Citation: 69 Ops.Cal.Atty.Gen. 153 		07/03/1986