Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1987

Opinion Question Conclusion(s) Issued
87-1003 Does the reduction in the maximum finance charge which may be applied to outstanding balances on retail installment accounts under Civil Code section 1810.2 which will occur on January 1, 1988 apply to those parts of such outstanding balances which were incurred for purchases made prior to January 1, 1988? The reduction in the maximum finance charge which may be applied to outstanding balances on retail installment accounts under Civil Code section 1810.2 which will occur on January 1, 1988 does apply to those parts of such outstanding balances which were incurred for purchases made prior to January 1, 1988.

Official Citation: 70 Ops.Cal.Atty.Gen. 256 		12/01/1987
87-905 May an attorney who contracts with a city to provide services as city attorney not including those as public prosecutor lawfully contract with the county in which the city is located to provide a defense for a criminally accused indigent? An attorney who contracts with a city to provide services as city attorney may lawfully contract with the county in which the city is located to provide a defense for a criminally accused indigent provided that (1) the attorney does not, in fact, exercise prosecutorial responsibilities on behalf of the city, (2) the city expressly relieves the attorney of any and all prosecutorial responsibilities on its behalf, (3) the representation does not involve an ordinance of the city, (4) the accused waives any rights arising out of any potential conflict resulting from the attorney's position with the city, and (5) the city has not otherwise limited or prohibited the attorney from engaging in such representation.

Official Citation: 70 Ops.Cal.Atty.Gen. 271 		12/08/1987
87-901 Under the County Employees Retirement Law of 1937, when the retirement board has appointed its own staff, does "the entire expense of administration of the retirement system" to be charged against the earnings of the retirement fund include the cost of services provided by other county offices and departments for the benefit of the retirement system? Under the County Employees Retirement Law of 1937, when the retirement board has appointed its own staff, "the entire expense of administration of the retirement system" does include the services provided by other county offices and departments for the benefit of the retirement system.

Official Citation: 70 Ops.Cal.Atty.Gen. 277 		12/16/1987
87-703 May the Superintendent of Public Instruction designate the Director of Public Relations for the State Department of Education to act in his place as a member of the Commission on the Status of Women? The Superintendent of Public Instruction may not designate the Director of Public Relations for the State Department of Education to act in his place as a member of the Commission on the Status of Women.

Official Citation: 70 Cal.Ops.Atty.Gen. 250 		11/05/1987
87-701 Does an electronic system of bingo which substitutes a hand computer with stored bingo "card" matrices for the traditional paper or cardboard bingo cards qualify as bingo within the meaning of section 326.5, subdivision (o) of the Penal Code? An electronic system of bingo which substitutes a hand computer with stored bingo "card" matrices for the traditional paper or cardboard bingo cards does not qualify as bingo within the meaning of section 326.5, subdivision (o) of the Penal Code.

Official Citation: 70 Ops.Cal.Atty.Gen. 304 		12/22/1987
87-503 What is the definition of the term excess parental fees" as used in Welfare and Institutions Code section 4677? "Excess parental fees," as that term is used in Welfare and Institutions Code section 4677, refers to all parental fees remaining in the Developmental Disabilities Program Development Fund after appropriation in the Budge Act for new program development.

Official Citation: 70 Ops.Cal.Atty.Gen. 239 		10/01/1987
87-405 1. May a city or county, by ordinance, including those adopted by referendum or initiative, lawfully authorize a use of land in the coastal zone which is not permitted by a local coastal program or land use plan certified by the California Coastal Commission without approval of the Commission?

2. May a city or county lawfully prohibit a use of land in the coastal zone which is permitted by a local coastal program or land use plan certified by the California Coastal Commission, by ordinance, including those adopted by referendum or initiative, without the approval of the Commission?

3. Are the Coastal Act's provisions for approval of amendments to a certified local coastal program or land use plan by the California Coastal Commission applicable to charter cities? 		1. A city or county, by ordinance, including those adopted by referendum or initiative, may not lawfully authorize a use of land in the coastal zone which is not permitted by a local coastal program or land use plan certified by the California Coastal Commission without approval of the Commission.

2. A city or county may not lawfully prohibit a use of land in the coastal zone which is permitted by a local coastal program or land use plan certified by the California Coastal Commission, by ordinance, including those adopted by referendum or initiative, without the approval of the Commission.

3. The Coastal Act's provisions for approval of amendments to a certified local coastal program or land use plan by the California Coastal Commission applicable to charter cities.

Official Citation: 70 Ops.Cal.Atty.Gen. 220 		09/10/1987
87-404 May a county board of supervisors lawfully make additions and changes to the proposed budget for the purpose of changing the appropriations which are applicable to the period prior to the adoption of the final budget? A county board of supervisors may not lawfully make additions and changes to the proposed budget for the purpose of changing the appropriations which are applicable to the period prior to the adoption of the final budget.

Official Citation: 70 Ops.Cal.Atty.Gen. 300 		12/22/1987
87-403 Has the State Board of Accountancy in its administrative rules and regulations provided an adequate interpretation as to the character of government experience required to qualify for a certificate as a certified public accountant? The State Board of Accountancy in its administrative rules and regulations has provided an adequate interpretation as to the character of government experience required to qualify for a certificate as a certified public accountant.

Official Citation: 70 Ops.Cal.Atty.Gen. 292 		12/17/1987
87-303 Are the officers in the "student affairs officer class series" at the California Maritime Academy included in the state civil service system? The officers in the "student affairs officer class series" at the California Maritime Academy are included in the state civil service system.

Official Citation: 70 Ops.Cal.Atty.Gen. 139 		06/04/1987
87-301 Can section 556 of the Penal Code be constitutionally applied to a candidate for public office? Section 556 of the Penal Code is applicable only to commercial advertising. Accordingly, it is not applicable to campaign signs of candidates for public office.

Official Citation: 70 Ops.Cal.Atty.Gen. 296 		12/22/1987
87-207 1. Is a licensee of the California Auctioneer Commission subject to the provisions of the Auctioneer and Auction Licensing Act with regard to sales conducted by the licensee outside of California?

2. If a licensee of the California Auctioneer Commission holds a sale described in section 5730, subdivision (d) of the Auctioneer and Auction Licensing Act (automobile auction regulated by the Department of Motor Vehicles), is the sale exempt from all of the requirements of the act? 		1. A licensee of the California Auctioneer Commission is not subject to the provisions of the Auctioneer and Auction Licensing Act with regard to sales conducted by the licensee outside of California.

2. If a licensee of the California Auctioneer Commission holds a sale described in section 5730, subdivision (d) of the Auctioneer and Auction Licensing Act (automobile auction regulated by the Department of Motor Vehicles), the sale is exempt from all of the requirements of the act.

Official Citation: 70 Ops.Cal.Atty.Gen. 187 		07/30/1987
87-206 1. Must the determination include both the existing and projected housing needs of the locality?

2. Must the availability of suitable housing sites be considered based upon the existing zoning ordinances and land use restrictions of the locality or based upon the potential for increased residential development under alternative zoning ordinances and land use restrictions?

3. Must the income categories of sections 6910-6932 of title 25 of the California Administrative Code be used? 		1. The determination of a locality's share of the regional housing needs by a council of governments must include both the existing and projected housing needs of the locality.

2. The availability of suitable housing sites must be considered not only upon the existing zoning ordinances and land use restrictions of the locality but also based upon the potential for increased residential development under alternative zoning ordinances and land use restrictions.

3. The income categories of sections 6910-6932 of title 25 of the California Administrative Code must be used.

Official Citation: 70 Ops.Cal.Atty.Gen. 231 		09/29/1987
87-205 Does the borrowing of federal funds by a school district to abate asbestos hazards require electorate assent under the provisions of section 18 article XVI of the Constitution? The borrowing of federal funds by a school district to abate asbestos hazards does not require electorate assent under the provisions of section 18 article XVI of the Constitution where such abatement is required by law, thereby making the debt involuntarily incurred and exempt from the constitutional requirement.

Official Citation: 70 Ops.Cal.Atty.Gen. 198 		08/13/1987
87-202 Is a state legislator who served during and after the term commencing in 1967 and who, on September 30, 1974, applied for retirement "under conditions of reapportionment" upon the termination of his second term on December 2, 1974, eligible for retirement on said date? A state legislator who served during and after the term commencing in 1967 and who, on September 30, 1974, applied for retirement "under conditions of reapportionment" upon the termination of his second term on December 2, 1974, is eligible for retirement on said date when the statute authorizing such retirement is repealed prior to the effective date of the retirement.

Official Citation: 70 Ops.Cal.Atty.Gen. 214 		09/10/1987
87-201 Where a local agency imposes fees upon a residential development for the construction of public improvements or facilities, what "utility service fees" may be collected at the time an application for utility service is received? Where a local agency imposes fees upon a residential development for the construction of public improvements or facilities subject to the constraints of Government Code section 53077.5 the "utility service fees" which may be collected at the time an application for utility service is received are the one-time fees imposed to connect a residential development to the utility's facilities or pay for the construction of additional improvements of facilities to repair, improve or increase the capacity of the utility system.

Official Citation: 70 Ops.Cal.Atty.Gen. 195 		08/13/1987
87-107 What is the meaning of "law enforcement personnel" and "ongoing criminal investigation" as those terms are used in Health and Safety Code section 25180.7? "Law Enforcement personnel" refers to those employed by public agencies to enforce the criminal law, including investigation, arrest, and prosecution. "Ongoing criminal investigation" refers to the detection and prosecution of criminal conduct, which is actually in progress throughout or during some portion of the prescribed 72-hour period.

Official Citation: 70 Cal.Ops.Atty.Gen. 183 		07/30/1987
87-105 1. Does the first sentence of Government Code section 13967(a) require the imposition of a pecuniary penalty in addition to the one required by Penal Code section 1464?

2. Does Government Code section 13967 require the sentencing court to order the payment of "restitution in the form of a penalty assessment" upon conviction of any crime and require and additional "restitution fine" when the conviction is for one or more felonies?

3. Did substitution of "restitution" for "restitution fine" in the first sentence of Government Code section 13967(a) in 1984 alter the amount of the penalty to be imposed pursuant to that section and Penal Code section 1464 or modify the method of allocating funds collected under such court orders?

4. Should all moneys collected as "restitution in the form of a penalty assessment in accordance with Penal Code section 1464" and as "restitution fines" be deposited in the Restitution Fund in the State Treasury?

5. If a court fails to order the payment of "restitution in the form of a penalty assessment," or a "restitution fine," or any other fine, forfeiture or penalty, where the law requires such an order, is the county in which the court is located liable for any amounts which otherwise would have accrued to the state? 		1. The first sentence of Government Code section 13967(a) does not require the imposition of a pecuniary penalty in addition to the one required by Penal Code section 1464.

2. Government Code section 13967 requires a sentencing court to order "restitution in the form of a penalty assessment" on conviction of only those crimes for which penalty assessments are required by Penal Code section 1464 and requires an additional "restitution fine" when the conviction is for one or more felonies.

3. The substitution of "restitution" for "restitution fine" in the first sentence of Government Code section 13967(a) in 1984 did not alter the amount of the penalty to be imposed pursuant to that section and Penal Code section 1464 or modify the method of allocating funds collected under such court orders.

4. Only part of the money collected as "restitution in the form of a penalty assessment in accordance with Section 1464 of the Penal Code" as provided in Government Code section 13967 is to be deposited in the Restitution Fund. All moneys collected as "restitution fines" pursuant to Government Code section 13967 is to be deposited in the Restitution Fund.

5. If a court fails to order the payment of "restitution in the form of a penalty assessment," or a "restitution fine," or any other fine, forfeiture or penalty, where the law requires such an order, the county in which the court is located is not liable for any amounts which otherwise would have accrued to the state.

Official Citation: 70 Ops.Cal.Atty.Gen. 172 		07/28/1987
87-102 1. Is the disclosure duty of a designated government employee specified in Health and Safety Code section 25180.7 applicable with respect to information obtained prior to January 1, 1987?

2. What information and knowledge must a designated government employee have in order to be subject to the disclosure duty specified in Health and Safety Code section 25180.7?

3. What must be proved to sustain a criminal conviction for the failure to disclose information required by Health and Safety Code section 25180.7? 		1. The disclosure duty of a government employee specified in Health and Safety Code section 25180.7 is applicable with respect to information obtained prior to January 1, 1987.

2. The information and knowledge must a designated government employee have in order to be subject to the disclosure duty specified in Health and Safety Code section 25180.7 are information that an illegal discharge of a hazardous waste has occurred or is threatened in the geographical area of his jurisdiction and the knowledge that it is likely to cause substantial injury to the public health or safety.

3. Proof beyond a reasonable doubt that the designated government employee knowingly and intentionally failed to disclose the information required by Health and Safety Code section 25180.7 must be established in order to sustain a criminal conviction.

Official Citation: 70 Ops.Cal.Atty.Gen. 130 		06/02/1987
87-101 1. Does the phrase "exclusive public mass transit guideways" as used in article XIX of the Constitution include exclusive bus-carpool transitways?

2. Does the phrase "exclusive public mass transit guideways" as used by the Legislature in defining transit capital improvement projects eligible for funding from the transportation planning and development account of the state transportation fund include exclusive bus-carpool transitways? 		1. The phrase "exclusive public mass transit guideways" as used in article XIX of the Constitution does not include exclusive bus-carpool transitways.

2. The phrase "exclusive public mass transit guideways" as used by the Legislature in defining transit capital improvement projects eligible for funding from the transportation planning and development account of the state transportation fund does not include exclusive bus-carpool transitways.

Official Citation: 70 Ops.Cal.Atty.Gen. 119 		05/27/1987
86-1104 Is a seriously emotionally disturbed child who is placed in an out-of-home residential placement in accordance with an individualized education program developed pursuant to section 7572.5 of the Government Code eligible for MediCal benefits without consideration of parental income? A seriously emotionally disturbed child who is placed in an out-of-home residential placement pursuant to Government Code section 7572.5 would be eligible for MediCal benefits without consideration of parental income if he or she is a "categorically needy person" as defined in section 14050.1 of the MediCal Act.

Official Citation: 70 Ops.Cal.Atty.Gen. 309 		12/30/1987
86-1103 Are Code of Civil Procedure section 2093 and Government Code section 1225 constitutional in requiring the Commission on Judicial Performance to issue certifications under specified conditions? Code of Civil Procedure section 2093 and Government Code section 1225 are constitutional in requiring the Commission on Judicial Performance to issue certifications under specified conditions.

Official Citation: 70 Ops.Cal.Atty.Gen. 113 		05/27/1987
86-1102 Are state prisoners serving sentences of 25 years to life, 15 years to life, or life with possibility of parole eligible for worktime credits under Penal Code section 2933? State prisoners serving sentences of 25 years to life, 15 years to life, or life with possibility of parole are not eligible for worktime credits under Penal Code section 2933. The minimum terms of life sentences for murder are reduced not more than one-third by good behavior and participation credits but not by worktime credits under Penal Code section 2933. The minimum terms of life sentences for attempted assassination and certain habitual offenders are reduced not more than one-half by worktime credits under Penal Code section 2933. Every prisoner serving a life sentence must serve at least seven calendar years in prison before being paroled.

Official Citation: 70 Ops.Cal.Atty.Gen. 49 		03/24/1987
86-1101 Where a county board of supervisors of a general law county makes an appointment to fill a vacancy in either the office of county agricultural commissioner or county sealer of weights and measures caused by the resignation of the incumbent, is such an appointment for the unexpired term of the prior incumbent or for a new four-year term? Where a county board of supervisors of a general law county makes an appointment to fill a vacancy in either the office of county agricultural commissioner or county sealer of weights and measures caused by the resignation of the incumbent, such appointment is for a new four-year term.

Official Citation: 70 Ops.Cal.Atty.Gen. 168 		07/02/1987
86-1007 Can a Notice of Delinquent Parking Violation serve as a Notice to Appear upon which a warrant of arrest may issue for an alleged violation of Vehicle Code section 40508 under the circumstances set forth under Vehicle Code sections 40206.5, 40209, 40210, 40215, 40220, 40223 and 40230 and if so, can a warrant of arrest be issued based upon the filing of a Notice of Delinquent Parking Violation that is verified by the "processing agency"? A Notice of Delinquent Parking Violation will not serve as a basis for the issuance of a warrant of arrest for violation of Vehicle Code section 40508.

Official Citation: 70 Ops.Cal.Atty.Gen. 316 		10/26/1987
86-1006 Is it a violation of section 1126 of the Government Code for a school board member to own and operate for profit a preschool facility and a K-3 school where (1) the preschool facility is located within the member's school district and acts as a "feeder" school for his K-3 school and where (2) although the K-3 school is not located within the member's district, it draws pupils from his district? It is a violation of section 1126 of the Government Code for a school board member to own and operate for profit a preschool facility and a K-3 school under the circumstances described above.

Official Citation: 70 Ops.Cal.Atty.Gen. 157 		06/24/1987
86-1005 May a community services district prescribe fees pursuant to Government Code section 61621 at a uniform amount upon each parcel of real property in the district for the purpose of road maintenance and improvement on the basis that said fees are rates or other charges? A community services district may not prescribe fees pursuant to Government Code section 61621 at a uniform amount upon each parcel of real property in the district for the purpose of road maintenance and improvement, for said fees are rates or other charges.

Official Citation: 70 Ops.Cal.Atty.Gen. 153 		06/24/1987
86-1004 May the board of supervisors of a general law county establish the position within the county's merit system and prescribe the salary of Superior Court Administrator/Jury Commissioner? The board of supervisors of a general law county may not establish the position within the county's merit system and prescribe the salary of Superior Court Administrator/Jury Commissioner.

Official Citation: 70 Ops.Cal.Atty.Gen. 227 		09/22/1987
86-1003 May a school board member vote upon a proposed program or contract submitted to the board by an organization of which the member is the salaried executive director? A school board member may not vote upon, participate in considering, or attempt to influence action taken upon a proposed program or contract submitted to the board by an organization of which the member is the salaried executive director except in limited circumstances. With respect to a contract proposal, the board would generally be prohibited from entering into the contract.

Official Citation: 70 Ops.Cal.Atty.Gen. 45 		03/11/1987
86-1001 Are the temporary employees hired by a private non-profit corporation which contracts with the county to operate the county fair subject to the overtime pay requirements of the Industry and Occupation Orders of the Industrial Welfare Commission? The temporary employees hired by a private non-profit corporation which contracts with the county to operate the county fair are subject to the overtime pay requirements of the Industry and Occupation Orders of the Industrial Welfare Commission.

Official Citation: 70 Cal.Ops.Atty.Gen. 244 		10/21/1987
86-903 Does the Board of Administration of the Public Employees' Retirement System have authority exclusive of the State Controller to determine what information shall be distributed with warrants to benefit recipients? The Board of Administration of the Public Employees' Retirement System does not have authority exclusive of the State Controller to determine what information shall be distributed with warrants to benefit recipients unless it distributes the warrants directly or contractually reserves such authority.

Official Citation: 70 Ops.Cal.Atty.Gen. 248 		10/22/1987
86-901 1. Does a district attorney have the authority to prohibit or allow the carrying of firearms by welfare fraud investigators employed in his office while such persons are off duty?

2. Would a welfare fraud investigator employed in a district attorney's office be required to have a license to carry concealed a concealable weapon while off duty? 		1. A district attorney while having the authority to prohibit or allow the carrying of firearms by welfare fraud investigators employed in his office while such persons are off duty, lacks such authority when the investigators are off duty.

2. A welfare fraud investigator employed in a district attorney's office is exempted by section 12027 of the Penal Code from the requirement to have a license to carry concealed a concealable weapon while off duty.

Official Citation: 70 Ops.Cal.Atty.Gen. 20 		01/28/1987
86-804 1. If a local government which operates a transit system leases rapid transit vehicles for that system, does section 4500 of the Government Code require that such vehicles be accessible for the handicapped?

2. If a local government which operates a transit system contracts with a private transportation company for what is referred to as transportation "services" and not transportation "equipment," does section 4500 of the Government Code require that rapid transit vehicles used in such "services" be accessible for the handicapped? 		1. If a local government which operates a transit system leases rapid transit vehicles for that system, section 4500 of the Government code does require that such vehicles be accessible for the handicapped.

2. If a local government which operates a transit system contracts with a private transportation company for what is referred to as transportation "services" and not transportation "equipment," section 4500 of the government Code does require that rapid transit vehicles used in such "services" be accessible for the handicapped.

Official Citation: 70 Cal.Ops.Atty.Gen. 70 		04/01/1987
86-802 Where physicians form a professional corporation to which other physicians refer their patients for the performance of pulmonary and cardiac stress tests, would payment of a fee by the corporation to the referring physician for preparing an evaluation report of the referred patient's test data violate Business and Professions Code section 650? Where physicians form a professional corporation to which other physicians refer their patients for the performance of pulmonary and cardiac stress tests, payment of a fee by the corporation to the referring physician for preparing an evaluation report of the referred patient's test data would violate Business and Professions Code section 650 where no legitimate reason would exist for the report to be prepared as part of the referral.

Official Citation: 70 Cal.Ops.Atty.Gen. 65 		04/01/1987
86-707 May the increased benefits for retirees provided for in section 31681.52 of the Government Code, a provision of the County Employees Retirement Law of 1937, be funded from the Supplemental Retiree Benefits Reserve established pursuant to section 31618 of the Government Code? The increased benefits for retirees provided for in section 31681.52 of the Government Code may be funded from the Supplemental Retiree Benefits Reserve established pursuant to section 31618 of the Government Code.

Official Citation: 70 Ops.Cal.Atty.Gen. 1 		01/08/1987
86-706 Are the requirements of chapter 6.95 of division 20 of the Health and Safety Code for certain entities to prepare hazardous materials release response plans applicable to the University of California, the state universities, the community colleges, or to state agencies generally? The requirements of chapter 6.95 of division 20 of the Health and Safety Code for certain entities to prepare hazardous materials release response plans are not applicable to the University of California, to the state universities, to community colleges, or to state agencies generally.

Official Citation: 70 Cal.Ops.Atty.Gen. 146 		06/18/1987
86-704 1. Is the lawyer-client privilege or the work- product rule available in a grand jury proceeding to prevent disclosure of requested information?

2. Is a public officer entitled to claim the lawyer-client privilege or rely upon the work-product rule to prevent disclosure of requested information? 		1. The lawyer-client privilege and the work- product rule are available in a grand jury proceeding to prevent disclosure of requested information.

2. A public officer is entitled to claim the lawyer-client privilege and rely upon the work-product rule to prevent disclosure of requested information.

Official Citation: 70 Ops.Cal.Atty.Gen. 28 		01/30/1987
86-703 Is a community college district, being exempt from the payment of state income or franchise taxes pursuant to the California Constitution, an organization which is authorized to conduct legal bingo games under the provisions of Penal Code section 326.5 and a local ordinance adopted pursuant thereto? A community college district is not an entity which may be authorized by local ordinance to conduct bingo games pursuant to the provisions of Penal Code section 326.5.

Official Citation: 70 Cal.Ops.Atty.Gen. 109 		05/19/1987
86-702 Does the California Housing Finance Agency have the authority to establish the salaries of its employees without the approval of the Department of Personnel Administration? The California Housing Finance Agency does not have the authority to establish the salaries of its employees without the approval of the Department of Personnel Administration.

Official Citation: 70 Cal.Ops.Atty.Gen. 98 		04/15/1987
86-701 Is a written agreement between the parties to a civil dispute to submit the dispute to arbitration by a third party not a member of the State Bar of California for resolution pursuant to and in accordance with the tenets of their religious affiliation, both valid and enforceable? A written agreement, which does not otherwise violated the law or the public policy of the state, between the parties to a civil dispute to submit the dispute to arbitration by a third party not a member of the State Bar of California for resolution pursuant to and in accordance with the tenets of their religious affiliation, is both valid and enforceable.

Official Citation: 70 Ops.Cal.Atty.Gen. 203 		08/20/1987
86-607 May a county prohibit the use of steel-jawed leg-hold traps within its jurisdiction? A county may, by ordinance, ban the use of steel-jawed leg-hold traps within its jurisdiction where such action is necessary to protect the public health and safety and where the ordinance only incidentally affects the field of hunting preempted by the Fish and Game Code.

Official Citation: 70 Ops.Cal.Atty.Gen. 210 		09/03/1987
86-604 May a high school district admit students enrolled in private schools during the regular school year to classes in the district's core academic area summer school program? A high school district may lawfully admit students enrolled in private schools during the regular school year to classes in the district's core academic area summer school program, provided such admissions do not provide a substantial benefit to the private schools.

Official Citation: 70 Ops.Cal.Atty.Gen. 282 		12/17/1987
86-603 Do the prevailing wage provisions of Labor Code section 1771 apply to the employees of an engineering firm which contracts with a city to perform the duties of city engineer? The prevailing wage provisions of Labor Code section 1771 apply to the employees of an engineering firm which contracts with a city to perform the duties of city engineer, except with respect to such duties which do not qualify as a public work.

Official Citation: 70 Cal.Ops.Atty.Gen. 92 		04/15/1987
86-502 Are meetings of the Board of Directors of the Oakland-Alameda Coliseum, Inc. subject to the open meeting requirements of the Ralph M. Brown Act, Government Code section 54950 et seq.? Meetings of the Board of Directors of the Oakland-Alameda Coliseum, Inc. are subject to the open meeting requirements of the Ralph M. Brown Act, Government Code section 54950 et seq.

Official Citation: 70 Cal.Ops.Atty.Gen. 57 		04/01/1987
86-404 Does a county counsel of a general law county have a duty to render a legal opinion on a matter of general interest or application to a school district upon the request of an individual member of its governing board? The county counsel of a general law county does not have a duty to render a legal opinion on a matter of general interest or application to a school district upon the request of an individual member of its governing board.

Official Citation: 70 Cal.Ops.Atty.Gen. 42 		02/18/1987
86-403 1. Does the Department of Forestry and Fire Prevention have authority to provide hazardous material cleanup, rescue, first aid, and emergency medical services where the emergency is not related to a fire, threat of fire, or to an emergency declared pursuant to the California Emergency Services Act?

2. To what extent is the Department of Forestry and Fire Prevention authorized to contract with a local fire jurisdiction (city, county or district) to provide the above enumerated services therein where the emergency is not related to a fire or threat of fire? 		1. The Department of Forestry and Fire Protection has no authority to provide hazardous material cleanup, rescue, first aid, and emergency medical services where the emergency is not related to a fire or threat of fire, or to an emergency declared pursuant to the California Emergency Services Act.

2. The Department of Forestry and Fire Protection may contract with a county pursuant to sections 55640-55642 of the Government Code to provide "rescue and resuscitator" services throughout the county. Otherwise, the Department has no authority to contract to provide the enumerated services within a local fire jurisdiction (city, county or district) where the emergency is not related to a fire or threat of fire.

Official Citation: 70 Cal.Ops.Atty.Gen. 126 		06/02/1987
86-302 May a registered nurse not licensed under the Clinical laboratory Law lawfully perform a clinitest, acetest, a blood glucose dipstick test, a hematest or hemoccult, or a urine dipstick test in a hospital ward or a medical clinic? When authorized by order of a physician or a standardized procedure a registered nurse not licensed under the Clinical laboratory Law may lawfully perform a clinitest, acetest, a blood glucose dipstick test, a hematest or hemoccult, or a urine dipstick test in a hospital ward or a medical clinic.

Official Citation: 70 Ops.Cal.Atty.Gen. 14 		01/28/1987
86-206 To what extent, if any, are special districts required to contribute to the Special District Augmentation Fund where two adjoining districts received state assistance payments for the 1978-1979 fiscal year and (1) in 1980 one of the districts dissolved after its territory was annexed by the other, (2) in 1983 both districts dissolved after being consolidated into a new district, (3) in 1985 both districts dissolved after being consolidated into a new district, which included territory not previously receiving any district services, and (4) in 1983 portions of their territories were detached to form a new district? Special districts are required to contribute to the Special District Augmentation Fund to the extent that their territories received state assistance payments for the 1978-1979 fiscal year.

Official Citation: 70 Cal.Ops.Atty.Gen. 87 		04/15/1987
86-105 Are medical facilities, including hospitals, clinics and physicians' offices, places where a blind person has a statutory right to be accompanied by a guide dog? Medical facilities, including hospitals, clinics and physicians' offices, are places where a blind person has a statutory right to be accompanied by a guide dog to the extent of providing access equal t that of all or some members of the general public.

Official Citation: 70 Ops.Cal.Atty.Gen. 104 		05/19/1987
85-1201 Does a county probation officer have a duty to make a child abuse report when he or she knows or reasonably suspects that a juvenile has a non-accidental physical injury inflicted by the police in the course of the juvenile's arrest? A county probation officer has no duty to make a child abuse report when he or she knows or reasonably suspects that a juvenile has a non-accidental physical injury inflicted by the police in the course of the juvenile's arrest unless he or she knows or reasonably suspects that the force used to inflict the injury was not reasonably necessary to effect the arrest, prevent escape or overcome the resistance of the minor.

Official Citation: 70 Cal.Ops.Atty.Gen. 38 		02/18/1987
85-905 Is the Department of Alcoholic Beverage Control authorized to revoke the license of a private club on the basis of its discriminatory membership practices? The Department of Alcoholic Beverage Control is authorized under the California Constitution to revoke a private club license on the basis of discriminatory membership practices upon an independent determination for good cause that the continuance of such license would be contrary to public welfare or morals.

Official Citation: 70 Cal.Ops.Atty.Gen. 75 		04/07/1987