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Legal Opinions - Yearly Index

Opinions published in 2013

Opinion Question Conclusion Published
12-605 Did the City of San Jose fulfill its statutory collective bargaining obligations before placing an initiative measure on the June 2012 ballot that, after its passage, amended the City Charter so as to increase city police officers’ retirement contributions and reduce their retirement benefits? Leave to sue is GRANTED to determine whether the City of San Jose fulfilled its statutory collective bargaining obligations before placing an initiative measure on the June 2012 ballot that, after its passage, amended the City Charter so as to increase city police officers’ retirement contributions and reduce their retirement benefits. 04/15/2013
12-107 Proposed relator NAPA POLICE OFFICERS ASSOCIATION (“Napa POA” or “POA”), the exclusive bargaining unit for police officers and sergeants in the Napa Police Department, seeks leave to sue proposed defendant the CITY OF NAPA (“City”) in quo warranto on the following question: Does the City’s creation of a Human Resources Department and the appointment of a Human Resources Director usurp the authority of the office of Personnel Director in violation of the Napa City Charter? The equitable remedies of declaratory and injunctive relief that the Napa POA seeks are not available in a quo warranto action. Accordingly, leave to sue in quo warranto is DENIED. The denial of this application, however, does not preclude the Napa POA from bringing another form of legal action alleging that the City’s actions have infringed upon its interests. 04/23/2013

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Quo Warranto

A quo warranto action is filed typically to remove a person from public office. The Attorney General must approve all quo warranto actions filed by private individuals. This protects public officers from frivolous lawsuits.

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  • Susan Duncan Lee
    Supervising Deputy Attorney General
  • Opinion Unit
  • 455 Golden Gate Ave., Suite 11000
  • San Francisco, CA 94102

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