Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1988

Opinion Question Conclusion(s) Issued
88-803 In a chartered or general law city, is the planning director considered an "interested Person" within the meaning of section 66452.5, subdivision (d) of the Government Code so as to authorize the planning director to appeal to the city council from a subdivision map decision made by the planning commission, acting as the advisory agency? In a chartered or general law city, the planning director is considered an "interested Person" within the meaning of section 66452.5, subdivision (d) of the Government Code so as to authorize the planning director to appeal to the city council from a subdivision map decision made by the planning commission, acting as the advisory agency.

Official Citation: 71 Ops.Cal.Atty.Gen. 326 		12/01/1988
88-802 Does the Hague Convention Abolishing The Requirement Of Legalization For Sovereign Public Documents supersede the requirement of section 27293 of California's Government Code that an English translation accompany an instrument that is certified in whole or in part in any language other than English before it can be recorded? The Hague Convention Abolishing The Requirement Of Legalization For Sovereign Public Documents supersedes the requirement of section 27293 of California's Government Code insofar as the latter calls for an apostille to be translated into English before the document it certifies can be recorded in California.

Official Citation: 71 Ops.Cal.Atty.Gen. 362 		12/21/1988
88-701 May the executive branch of state government transfer budget and staff for all or a portion of the administration of the Community Development Block Grant Program from the Department of Housing and Community Development to the Department of Commerce without following the reorganization procedure established by Government Code section 12080 et seq.? The executive branch of state government may by interagency agreement transfer budget and staff for all or a portion of the administration of the Community Development Block Grant Program from the Department of Housing and Community Development to the Department of Commerce without following the reorganization procedure established by Government Code section 12080 et seq., provided ultimate responsibility for that administration lies with the Department of Housing and Community Development.

Official Citation: 71 Ops.Cal.Atty.Gen. 354 		12/21/1988
88-603 In calculating the allocation of property tax revenues when a city incorporates but does not assume all service responsibilities for its territory, are the calculations to include (1) funds carried over to the prior fiscal year from a previous year or (2) funds derived from charges for licenses, permits, and such services as law enforcement services furnished under contract to other governmental agencies? In calculating the allocation of property tax revenues when a city incorporates but does not assume all service responsibilities for its territory, are the calculations are not to include (1) funds carried over to the prior fiscal year from a previous year or (2) funds derived from charges for licenses, permits, and such services as law enforcement services furnished under contract to other governmental agencies where the charges are levied specifically to offset the cost of the particular services and do not exceed the cost reasonably borne in providing the services.

Official Citation: 71 Ops.Cal.Atty.Gen. 286 		09/15/1988
88-501 1. Are the city and the county required to reach an agreement for the transfer of property tax revenues?

2. Is a property tax transfer agreement void if it is reached by the city and the county after expiration of the 30-day negotiation period?

3. Is a certificate of filing void that is issued with respect to a petition presented more than 60 days after the last signature was affixed? 		1. In a city annexation proceeding, the city and the county are not required to reach an agreement for the transfer of property tax revenues.

2. In a city annexation proceeding, a property tax transfer agreement is void if it is reached by the city and the county after expiration of the 30-day negotiation period.

3. In a city annexation proceeding, a certificate of filing is void that is issued with respect to a petition presented more than 60 days after the last signature was affixed.

Official Citation: 71 Ops.Cal.Atty.Gen. 344 		12/07/1988
88-308 1. Are school facilities financed pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Ed. Code, section 17700 et seq.) exempt from compliance with section 53097 of the Government Code?

2. If school facilities financed pursuant to the Leroy F. Greene State School Building Lease-Purchase of 1976 are not exempt from compliance with section 53097 of the Government Code, is the cost of that compliance to be included in calculating the total cost of a project for the purpose of apportioning funds to finance it under the Law? 		1. School facilities financed pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 are not exempt from compliance with section 53097 of the Government Code, i.e., construction of such facilities is subject to city or county ordinances regulating drainage or road improvements and conditions, and to city or county ordinances requiring the review and approval of grading plans as such relate to the design and construction of onsite facilities and improvements. In addition, when such facilities are constructed, consideration must be given to specific requirements and conditions of city or county ordinances relating to the design and construction of offsite improvements.

2. The cost of compliance with the ordinances mentioned in section 53097 of the Government Code is properly included in determining the total cost of a project when calculating the apportionment of funds to finance it under the Leroy F. Greene State School Building Lease-Purchase Law of 1976.

Official Citation: 71 Ops.Cal.Atty.Gen. 332 		12/07/1988
88-307 1. When must an airport land use commission adopt an airport land use plan for each public use airport within its jurisdiction?

2. What judicial remedies are available to compel an airport land use commission to adopt an airport land use plan for each public use airport within its jurisdiction? 		1. An airport land use commission has a reasonable period of time to adopt an airport land use plan for each public use airport within its jurisdiction; what constitutes a reasonable period of time would depend upon the relevant circumstances of each case.

2. The only judicial remedies are available to compel an airport land use commission to adopt an airport land use plan for each public use airport within its jurisdiction are those contained in Public Utilities Code section 21679.

Official Citation: 71 Ops.Cal.Atty.Gen. 213 		07/06/1988
88-306 1. May a public agency release to the public summary information from records maintained pursuant to section 832.5 of the Penal Code?

2. May a public agency compile and release to the public statistical information concerning the types of citizens' complaints filed pursuant to section 832.5 of the Penal Code and the disposition of such complaints? 		1. Section 832.7 of the Penal Code by its confidentiality and disclosure provisions bars a public agency from releasing to the public summary information from records maintained pursuant to section 832.5 of the Penal Code.

2. Section 832.7 of the Penal Code by its confidentiality and disclosure provisions bars a public agency from compiling and releasing to the public statistical information concerning the types of citizens' complaints filed pursuant to section 832.5 of the Penal Code and the disposition of such complaints.

Official Citation: 71 Ops.Cal.Atty.Gen. 247 		07/13/1988
88-305 May two or more school districts establish a Joint Powers Agency to contract with a private entity to secure agreements by suppliers to furnish supplies to member districts at guaranteed minimum prices for a designated period, if the private entity complies with the competitive bidding procedures applicable to school districts? Two or more school districts have no authority to establish a Joint Powers Agency to contract with a private entity to secure agreements by suppliers to furnish supplies to member districts at guaranteed minimum prices for a designated period.

Official Citation: 71 Ops.Cal.Atty.Gen. 266 		07/19/1988
88-303 The Physician's Assistant Examining Committee Of The Board Of Medical Quality Assurance has requested an opinion on the following questions:

1. May a physician assistant lawfully initiate, on behalf of his or her supervising physician orders for: (a) routine laboratory tests, (b) routine diagnostic radiological services, (c) therapeutic diets, (d) physical therapy treatments, (e) occupational therapy treatments, or (f) respiratory care services for the diagnosis or treatment of a patient of the supervising physician?

2. May a physician assistant lawfully transmit the orders of his or her supervising physician for the six services specified in the first question?

3. May a physician assistant lawfully initiate or transmit the order of his or her supervising physician for life saving emergency treatment for a patient of the supervising physician?

4. May a physician assistant lawfully initiate or transmit the order of his or her supervising physician for routine nursing services for a patient of the supervising physician?

5. May a physician assistant lawfully initiate or transmit the order of his or her supervising physician referred to in the first four questions without a protocol?

6. Must the orders referred to in the first four questions be countersigned by a supervising physician before they may be carried out?

7. When the law conditions the actions of a licensed health care professional upon an order of a physician will an order for such action initiated or transmitted by a physician authorize such license to perform the action so ordered?

8. Are the medical services a physician assistant is authorized to perform by the regulation governing a physician assistant's authority for the administration of medication to a patient limited to a specific practice site, facility or institutional setting? 		1. A physician assistant may not lawfully initiate, on behalf of his or her supervising physician orders for: (a) routine laboratory tests, (b) routine diagnostic radiological services, (c) therapeutic diets, (d) physical therapy treatments, (e) occupational therapy treatments, or (f) respiratory care services for the diagnosis or treatment of a patient of the supervising physician.

2. A physician assistant may lawfully transmit the orders of his or her supervising physician for the six services specified in the first conclusion in the institutional setting but not elsewhere.

3. A physician assistant may initiate personally and directly treatment procedures essential for the life of a patient. Where the emergency care is beyond the physician assistant's scope of practice a physician assistant may not initiate or transmit the order of his or her supervising physician for life saving emergency treatment for a patient of the supervising physician but may transmit and int some cases implement transport back-up procedures for the immediate care of patients pursuant to written procedures established by the physician assistant and the supervising physician.

4. A physician assistant may lawfully initiate or transmit the order of his or her supervising physician to a nurse to administer medications and therapeutic agents to implement a treatment of the supervising physician's patient but may not initiate such an order. A physician assistant may also order the drawing of blood from a patient of his or her supervising physician to provide a sample for a routine laboratory test when such test has been authorized by the supervising physician. To the extent that a physician may properly give orders to other licensed health care professionals regarding other routine nursing services for the physician's patient his or her physician assistant may lawfully transmit such orders to others. We find no other authority for a physician assistant to order routine nursing services.

5. The orders referred to in the first four conclusions which a physician assistant may lawfully initiate or transmit may be issued without a protocol when the supervising physician has not included protocols as one of the authorized mechanisms for supervision in the written guidelines for supervision of the physician assistant.

6. The orders referred to in the first four questions which may be lawfully initiated or transmitted by a physician assistant need not be countersigned by a supervising physician before they are carried out unless this supervising mechanism is included in the written guidelines for the supervision of the physician assistant.

7. When a statute conditions the actions of a licensed health care professional upon an order of a physician an order of a physician transmitted by a physician assistant but not an order initiated by a physician assistant will authorize the licensed recipient to carry out the order.

8. The medical services a physician assistant is authorized to perform by the regulation governing a physician assistant's authority for the administration of medication to a patient are not limited to a specific practice site, facility or institutional setting unless such limitation is imposed by the supervising physician.

Official Citation: 71 Ops.Cal.Atty.Gen. 296 		11/03/1988
88-302 May a school district which sells or leases real property pursuant to section 39360 of the Education Code transfer interest earned on the proceeds received therefrom to the school district's general fund without the approval of the State Allocation Board? A school district which sells or leases real property pursuant to section 39360 of the Education Code may not transfer interest earned on the proceeds received therefrom to the school district's general fund without the approval of the State Allocation Board.

Official Citation: 71 Ops.Cal.Atty.Gen. 181 		05/18/1988
88-301 1. Do the provisions of Vehicle Code section 1051 apply to vehicle component parts from which the identification number, affixed or inscribed by the manufacturer in accordance with the 1984 Federal Motor Vehicle Theft Law Enforcement Act, has been removed, altered, defaced or destroyed?

2. If a VIN number affixed or inscribed by the manufacturer in accordance with the 1984 Federal Motor Vehicle Theft Law Enforcement Act has been removed, altered, defaced or destroyed from one component part of a vehicle, does the California Highway Patrol have the authority to seize the entire vehicle or only the component part?

3. Is the California Highway Patrol responsible for renumbering the component parts of vehicles covered under the 1984 Federal Motor Vehicle Theft Law Enforcement Act, when the part's labels have been removed, altered, defaced or destroyed? 		1. The provisions of Vehicle Code section 1051 do apply to vehicle component parts of vehicles from which the VIN, affixed by the manufacturer, has been removed, altered, defaced or destroyed, including those which are affixed in accordance with the Federal Motor Vehicle Theft Prevention Act.

2. If a VIN number affixed or inscribed by the manufacturer in accordance with the 1984 Federal Motor Vehicle Theft Law Enforcement Act has been removed, altered, defaced or destroyed from one component part of a vehicle, the California Highway Patrol has authority to seize the entire vehicle and not just only the component part.

3. The Department of Motor Vehicles not the California Highway Patrol bears the responsibility for renumbering the component parts of vehicles covered under the 1984 Federal Motor Vehicle Theft Law Enforcement Act, when the part's labels have been removed, altered, defaced or destroyed.

Official Citation: 71 Ops.Cal.Atty.Gen. 171 		05/10/1988
88-202 Is the retail installment sale of an off-highway motor vehicle subject to the Unruh Act (Civ. Code, section 1801 et seq.) or the Rees-Levering Motor Vehicle Sales and Finance Act (Civ. Code, section 2981 et seq.)? The retail installment sale of an off-highway motor vehicle which is required to be registered or identified under the Vehicle Code, is subject to the Rees-Levering Motor Vehicle Sales and Finance Act. The retail installment sale of an off-highway motor vehicle which is exempt from registration or identification is subject to the Unruh Act.

Official Citation: 71 Ops.Cal.Atty.Gen. 167 		05/05/1988
88-201 Does Government Code section 66487 constitute express legislative authorization for the cost of a storm drainage improvement to be paid by a school district to a city for the reimbursement of a subdivider? Government Code section 66487 constitutes express legislative authorization for the cost of a storm drainage improvement to be paid by a school district to a city for the reimbursement of a subdivider.

Official Citation: 71 Ops.Cal.Atty.Gen. 163 		05/05/1988
87-1208 Is a District Agricultural Association required as a condition of operating a satellite wagering facility, to enter into a written contract with the bona fide labor organization which has historically represented the same or similar classifications of employees at the nearest horseracing meeting? A District Agricultural Association is required, as a condition of operating a satellite wagering facility, to enter into a written contract for the representation of one or more classifications of employees assigned to the facility, with each bona fide labor organization which has historically represented the same or similar classifications of employees at the nearest horseracing meeting, provided that permanent state employees who have historically performed certain services at the district agricultural association fair prior to the establishment of the facility may continue to provide those services, and provided that such contract is not inconsistent with article VII of the California Constitution pertaining to the state civil service.

Official Citation: 71 Ops.Cal.Atty.Gen. 154 		04/21/1988
87-1207 Does a person who fails to leave the common areas of a public housing project when requested to leave by a peace officer acting at the request of the housing authority board of commissioners violate Penal Code section 602, subdivision (n)? A person who fails to leave the common areas of a public housing project when requested to leave by a peace officer acting at the request of the housing authority board of commissioners violates Penal Code section 602, subdivision (n), if the area is in fact not open to the general public and the person has no lawful right to be there.

Official Citation: 71 Ops.Cal.Atty.Gen. 225 		07/07/1988
87-1206 Does the Native American Heritage Commission have authority to receive grants or donations of money, services, personal property or real property? The Native American Heritage Commission has authority to receive grants or donations of money, services, personal property or real property subject to the following: (1) any grant or donation of personal or real property, and any conditional gift of money, must receive prior approval of the Director of Finance; and (2) any donation of services must not displace those that are ordinarily performed by Commission staff within the Civil Service System.

Official Citation: 71 Ops.Cal.Atty.Gen. 121 		04/12/1988
87-1205 Does the Ralph M. Brown Act require the deliberations of a hearing board of an air pollution control district, after it has conducted a public hearing on a variance, order of abatement, or permit appeal, to be conducted in public? If so, may the board deliberate in private after such public hearings with the board's legal counsel, or the board's attorney member? The Ralph M. Brown Act does require the deliberations of a hearing board of an air pollution control district, after it has conducted a public hearing on a variance, order of abatement, or permit appeal, to be conducted in public. The act prohibits the hearing board from conducting such deliberations in private with the board's counsel or the board's attorney member.

Official Citation: 71 Ops.Cal.Atty.Gen. 96 		03/24/1988
87-1204 Does the State Controller have the authority to audit the expenditures from the Assembly o Contingent Fund? The State Controller has constitutional authority to audit the expenditures from the Assembly o Contingent Fund to determine whether issuance of a warrant would be lawful.

Official Citation: 71 Ops.Cal.Atty.Gen. 275 		07/20/1988
87-1203 Is a person whose felony conviction has been set aside pursuant to the Federal Youth Corrections Act eligible for employment in California as a peace officer? A person whose felony conviction has been set aside pursuant to the Federal Youth Corrections Act is eligible for employment in California as a peace officer. However, the conviction may be considered as a basis for an employment decision.

Official Citation: 71 Ops.Cal.Atty.Gen. 206 		06/15/1988
87-1202 1. In adopting regulations for roof covering pursuant to Health and Safety Code section 13108.5, is it sufficient to state the roof covering required for each category of fire severity zone designated by the Director of Forestry or is it necessary to identify the areas covered by such zones either by incorporating maps of such zones directly in the regulations or by reference to such maps in the regulations of the Director of Forestry?

2. Does the Fire Marshal have authority to enforce his roof covering regulations in fire hazard severity zones? 		1. In adopting regulations for roof covering pursuant to Health and Safety Code section 13108.5, it is sufficient to state the roof covering required for each category of fire severity zone designated by the Director of Forestry or is it necessary to identify the areas covered by such zones either by incorporating maps of such zones directly in the regulations or by reference to such maps in the regulations of the Director of Forestry.

2. Does the Fire Marshal has authority to enforce his roof covering regulations in fire hazard severity zones which are outside the boundaries of incorporated cities or districts providing fire protection services and within those cities and districts whose chief fire official or governing body has requested such enforcement by the Fire Marshal within their respective boundaries.

Official Citation: 71 Ops.Cal.Atty.Gen. 72 		03/03/1988
87-1101 May an individual be a member simultaneously of the State Industrial Welfare Commission and the Personnel Commission of the Los Angeles County Superintendent of Schools? An individual may be a member simultaneously of the State Industrial Welfare Commission and the Personnel Commission of the Los Angeles County Superintendent of Schools.

Official Citation: 71 Ops.Cal.Atty.Gen. 39 		01/28/1988
87-1002 Does the practice by a lender making loans secured by deeds of trust on real estate of designating on its defaulted loans only those foreclosure trustees who agree to charge as a trustee fee for a foreclosure sale on its FHA or VA secured loans only the amount the federal government will reimburse the lender for such sale and allowing the foreclosure trustee to charge the maximum fee allowed by a state law on its other defaulted loans violate: (a) the anti-rebate or anti-kickback provisions of Civil Code section 2924d(c)? (b) the Cartwright Act prohibiting combinations in restraint of trade? (c) the Unfair Practices Act prohibiting unfair business practices? The practice by a lender making loans secured by deeds of trust on real estate of designating on its defaulted loans only those foreclosure trustees who agree to charge as a trustee fee for a foreclosure sale on its FHA or VA secured loans only the amount the federal government will reimburse the lender for such sale and allowing the foreclosure trustee to charge the maximum fee allowed by a state law on its other loan foreclosures does not violate Civil Code section 2924(c) or the Cartwright Act but does violate the Unfair Practices Act.

Official Citation: 71 Ops.Cal.Atty.Gen. 314 		12/01/1988
87-1001 1. When a teacher is assigned to a position that requires instruction to pupils who are non-English speaking and the teacher delivers all or part of the instruction in a language other than English, is the teacher required to hold a credential or certificate specifically authorizing such other-than-English instruction?

2. May the Commission on Teaching Credentialing continue to issue credentials and certificates specifically authorizing other-than-English instruction? 		1. When a teacher is assigned to a position that requires instruction to pupils who are non-English speaking and the teacher delivers all or part of the instruction in a language other than English, the teacher is not required to hold a credential or certificate specifically authorizing such other-than-English instruction.

2. The Commission on Teaching Credentialing may continue to issue credentials and certificates specifically authorizing other-than-English instruction.

Official Citation: 71 Ops.Cal.Atty.Gen. 9 		01/20/1988
87-906 May a charitable organization lawfully sponsor and conduct a "casino night" event for which tickets are sold to the general public where those attending would be given chips with which to play roulette, twenty-one and similar casino games and the chips won by the players would be used at the end of the event to (1) acquire raffle tickets to be drawn for valuable merchandise or (2) bid at auction for valuable merchandise? A charitable organization may not lawfully sponsor and conduct a "casino night" event for which tickets are sold to the general public where those attending would be given chips with which to play roulette, twenty-one and similar casino games and the chips won by the players would be used at the end of the event to (1) acquire raffle tickets to be drawn for valuable merchandise or (2) bid at auction for valuable merchandise.

Official Citation: 71 Ops.Cal.Atty.Gen. 139 		04/20/1988
87-904 Does a city manager, an assistant city manager, or a citizens' review board have a right to inspect citizens' complaints against city police officers on file in the internal affairs division of the police department? A city manager, an assistant city manager, or a citizens' review board have a right to inspect citizens' complaints against city police officers on file in the internal affairs division of the police department when they are authorized by charter provision, ordinance or regulation of the city to investigate such complaints or to advise, impose or review discipline of police officers for misconduct alleged in such complaints but not if they are not so authorized.

Official Citation: 71 Ops.Cal.Atty.Gen. 1 		01/05/1988
87-802 1. Does a peace officer have the authority to release a person arrested for driving under the influence of an alcoholic beverage by issuing to the person a notice to appear in court and accepting the person's written promise to appear?

2. Where a person is arrested for driving under the influence of an alcoholic beverage and released upon a written promise to appear in court, would the arresting officer be liable for injury caused by the person after the release? 		1. A peace officer has the authority to release a person arrested for driving under the influence of an alcoholic beverage by issuing to the person a notice to appear in court and accepting the person's written promise to appear.

2. Where a person is arrested for driving under the influence of an alcoholic beverage and released upon a written promise to appear in court, the arresting officer would not, without additional facts being established, be liable for injury caused by the person after the release.

Official Citation: 71 Ops.Cal.Atty.Gen. 46 		03/01/1988
87-704 Does the lawyer-client privilege or work-product rule, when relied upon by a public officer, automatically terminate with the settlement or adjudication of the underlying claim? The lawyer-client privilege or work-product rule, when relied upon by a public officer, do not automatically terminate with the settlement or adjudication of the underlying claim.

Official Citation: 71 Ops.Cal.Atty.Gen. 5 		01/14/1988
87-702 Does state law require public buildings to contain assistive listening systems for use by hearing-impaired persons? State law does now require public buildings to contain assistive listening systems for use by hearing-impaired persons but does authorize the State Architect to promulgate regulations which would require assistive listening systems in new public buildings and those to which alteration, repairs or additions are to be made.

Official Citation: 71 Ops.Cal.Atty.Gen. 114 		03/31/1988
87-502 May a non-profit hospital which had earned surplus revenue in excess of ten percent during the preceding fiscal year still qualify for the "welfare exemption" from taxation under section 214 of the Revenue and Taxation Code? A non-profit hospital which had earned surplus revenue in excess of ten percent during the preceding fiscal year might still qualify for the "welfare exemption" from taxation under section 214 of the Revenue and Taxation Code.

Official Citation: 71 Ops.Cal.Atty.Gen. 106 		03/30/1988
87-401 1. Does state law require a defense attorney to file a written declaration of supporting facts under penalty of perjury when applying for a reduction in bail or an own recognizance release on behalf of a defendant?

2. Does state law require a defense attorney to notify the district attorney when applying for a reduction in bail or an own recognizance release on behalf of the defendant? 		1. State law does not require a defense attorney to file a written declaration of supporting facts under penalty of perjury when applying for a reduction in bail or an own recognizance release on behalf of a defendant.

2. State law requires a defense attorney to notify the district attorney when applying for a reduction in bail on behalf of a defendant after an information or indictment has been filed, when an own recognizance release is sought following arrest for one or more specified violent felonies, and where admission to bail is a matter of discretion rather than a matter of right.

Official Citation: 71 Ops.Cal.Atty.Gen. 64 		03/03/1988
87-304 1. What records pertain to "pending litigation" within the meaning of subdivision (b) of section 6254 of the Public Records Act?

2. Do records of a public agency which pertain to litigation against the agency become exempt from public disclosure under subdivision (b) of section 6254 when a claim against the agency is filed if the records were not exempt from disclosure before that time by other provisions of the Public Records Act?

3. Do police records which must be disclosed under subdivision (f) of section 6254 become exempt from disclosure under subdivision (b) when they pertain to pending litigation to which the public entity is a party?

4. Is a claim filed against a public agency under California's Tort Claims Act itself exempt from disclosure under subdivision (b) of section 6254? 		1. The phrase "records pertaining to pending litigation" contained in subdivision (b) of section 6254 of the Public Records Act refers to records of a public agency which have specifically been prepared for litigation to which the agency is a party.

2. Records generated in the ordinary course of a public agency's business which may be relevant in future litigation to which the agency might be a party are not exempt from disclosure under subdivision (b) of section 6254 before a claim is filed with the agency or litigation against it commences. Nor do such records become exempt from disclosure under the subdivision once a claim is filed or litigation against the agency actually commences.

3. Police records which had to be disclosed under subdivision (f) of section 6254 of the Public Records Act are not exempt from disclosure under subdivision (b) if they become relevant in pending litigation to which the public entity is a party.

4. A claim filed against a public agency under California's Tort Claims Act is not exempt from disclosure under subdivision (b) of section 6254 of the Public Records Act.

Official Citation: 71 Ops.Cal.Atty.Gen. 235 		07/13/1988
87-302 1. Does Government Code section 91001.5 authorize a city attorney of a charter city to prosecute violations of the Political Reform Act when the city charter has been amended to remove the city attorney's authority to prosecute misdemeanor violations of the state law?

2. May a city attorney with authority to prosecute violations of the Political Reform Act lawfully undertake to receive information from a member of the city council regarding the member's financial interest on a confidential basis under the attorney-client privilege and advise the member whether official action the member has taken or may take would violate the Political Reform Act? 		1. Government Code section 91001.5 does not authorize a city attorney of a charter city to prosecute violations of the Political Reform Act when the city charter has been amended to remove the city attorney's authority to prosecute misdemeanor violations of the state law.

2. A city attorney who has not exercised his authority to prosecute violations of the Political Reform Act may lawfully undertake to receive information from a member of the city council regarding the member's financial interest on a confidential basis under the attorney-client privilege and advise the member whether official action the member has taken or may take would violate the Political Reform Act but would then be disqualified from prosecuting any such violations.

Official Citation: 71 Ops.Cal.Atty.Gen. 255 		07/18/1988
87-204 Should interest earned on the investment of the outstanding balance of warrants drawn against the State Teachers Retirement Fund be credited to that Fund or to the General Fund? Interest earned on the investment of the outstanding balance of warrants drawn against the State Teachers Retirement Fund should be credited to that Fund.

Official Citation: 71 Ops.Cal.Atty.Gen. 89 		03/09/1988
87-106 May a home care companion hired to perform services in the employer's home lawfully administer drugs to or engage in nasogastric tube or gastrostomy feeding of the employer when the companion is (a) unlicensed and uncertified, (b) a certified nurse assistant, or (c) a certified home health aide? A home care companion hired to perform services in the employer's home, whether certified as a nurse assistant or home health aide or uncertified and unlicensed, may lawfully administer non-prescription drugs but not controlled substances to the employer in the employer's home; and may not lawfully engage in nasogastric tube or gastrostomy feeding of the employer in the employer's home.

Official Citation: 71 Ops.Cal.Atty.Gen. 190 		06/15/1988
87-103 May Certified Acupuncturists who are not licensed physicians and surgeons use the initials "O.M.D." and the title "Oriental Medical Doctor" in advertising their acupuncture practice? A Certified Acupuncturists who is not a licensed physician and surgeon under the Medical Practice Act may not use the initials "O.M.D." or the title "Oriental Medical Doctor," without more, in advertising an acupuncture practice. However, he or she may use the initials or the title in conjunction with further information that removes the implication that the acupuncturist is licensed as a physician and surgeon.

Official Citation: 71 Ops.Cal.Atty.Gen. 54 		03/03/1988
86-1201 May the Board of Administration of the California Public Employees Retirement System self-insure against liability of its board members, officers and employees for breach of fiduciary duty in connection with the Public Employees Retirement Fund, by allocating Fund reserves for that purpose, without the approval of the Department of General Services? The Board of Administration of the California Public Employees Retirement System may not self-insure against liability of its board members, officers and employees for breach of fiduciary duty in connection with the Public Employees Retirement Fund, by allocating Fund reserves for that purpose, with or without the approval of the Department of General Services.

Official Citation: 71 Ops.Cal.Atty.Gen. 129 		04/14/1988
86-1002 1. Should interest earned on the investment of the outstanding balance of warrants drawn against the Public Employees Retirement Fund be credited to that Fund or to the General Fund?

2. Should interest earned on the investment of income deposited in the Public Employees Retirement System's general cash account prior to its transfer to the Public Employees Retirement Fund be credited to that Fund or to the General Fund? 		1. Interest earned on the investment of the outstanding balance of warrants drawn against the Public Employees Retirement Fund should be credited to that Fund or to the General Fund.

2. Interest earned on the investment of income deposited in the Public Employees Retirement System's general cash account prior to its transfer to the Public Employees Retirement Fund should be credited to that Fund or to the General Fund.

Official Citation: 71 Ops.Cal.Atty.Gen. 81 		03/09/1988
86-801 1. Would the videorecording by employees of the Youth Authority of regularly broadcast television programs of copyrighted motion pictures and other audiovisual works for showing at a later time to institutionalized Youth Authority wards constitute an infringement of copyright?

2. Would the showing of prerecorded store-bought or rented videocassettes of copyrighted motion pictures to institutionalized Youth Authority wards constitute an infringement of copyright?

3. Would the use of a satellite dish to receive regularly broadcast television programs for viewing by employees of the Youth Authority who reside in state-owned housing on the grounds of Youth Authority institutions and by institutionalized Youth Authority wards constitute a violation of law? 		1. The prior videorecording by employees of the Youth Authority of regularly broadcast television programs of copyrighted motion pictures and other audiovisual works for showing at a later time to institutionalized Youth Authority wards would not constitute an infringement of copyright.

2. The showing of prerecorded store-bought or rented videocassettes of copyrighted motion pictures to institutionalized Youth Authority wards would constitute an infringement of copyright.

3. The use of a satellite dish to receive regularly broadcast television programs for viewing by employees of the Youth Authority who reside in state-owned housing on the grounds of Youth Authority institutions and by institutionalized Youth Authority wards would not constitute a violation of law.

Official Citation: 71 Ops.Cal.Atty.Gen. 16 		01/21/1988