Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1996

Opinion Question Conclusion(s) Issued
96-1209 1. Will the proposed acquisition of Pacific Telesis Group by SBC Communications, Inc. adversely affect competition?

2. What mitigation measures could be adopted to avoid any adverse effects on competition that do result?
1. The proposed acquisition of Pacific Telesis Group by SBC Communications, Inc. should not adversely affect competition in the markets for telephone or wireless services.

2. Mitigation measures are not required, but we recommend that the Commission maintain a stable system of price cap regulation for telephone services.

Accordingly, we have concluded that the acquisition will not adversely affect competition within the meaning of Public Utilities Code section 854, subdivision (b)(3).

Official Citation: 79 Ops.Cal.Atty.Gen. 301
12/31/1996
96-912 1. Does the common law immunity from civil liability for judicial officers apply to judicial and private arbitrators?

2. Did the enactment or repeal of statutory immunity from civil liability for arbitrators affect the common law immunity from civil liability for judicial and private arbitrators?
1. The common law immunity from civil liability for judicial officers applies to judicial arbitrators; it also applies to private arbitrators when the latter are acting in their quasi-judicial capacities.

2. The enactment of statutory immunity from civil liability for arbitrators did not affect the immunity applicable to judicial arbitrators, but did expand the scope of immunity for private arbitrators to that applicable to judicial officers. The statute's repeal reinstated the common law immunity for the quasi-judicial acts of private arbitrators.

Official Citation: 79 Ops.Cal.Atty.Gen. 294
12/27/1996
96-910 Does the doctrine of incompatible public offices preclude a person from simultaneously holding the offices of trustee of a high school district and trustee of an elementary school district which is wholly within the geographic boundaries of the high school district? The doctrine of incompatible public offices precludes a person from simultaneously holding the offices of trustee of a high school district and trustee of an elementary school district which is wholly within the geographic boundaries of the high school district.

Official Citation: 79 Ops.Cal.Atty.Gen. 284
12/02/1996
96-802 May an individual, whose residence is situated on both sides of a city's boundaries and whose principal dwelling is located on the portion of the property outside the city's boundaries, occupy the office of city council member? An individual, whose residence is situated on both sides of a city's boundaries and whose principal dwelling is located on the portion of the property outside the city's boundaries, may occupy the office of city council member.

Official Citation: 79 Ops.Cal.Atty.Gen. 243
11/20/1996
96-527 May a general law city adopt an ordinance imposing strict liability upon a parent for the failure to supervise his or her child who violates a criminal provision of the municipal code? A general law city may not adopt an ordinance imposing strict liability upon a parent for the failure to supervise his or her child who violates a criminal provision of the municipal code.

Official Citation: 79 Ops.Cal.Atty.Gen. 276
11/22/1996
96-522 May a municipal court judge be cross-assigned, in accordance with a trial court coordination plan approved by the Judicial Council, to hear a criminal case within the jurisdiction of the superior court? A municipal court judge may be cross-assigned, in accordance with a trial court coordination plan approved by the Judicial Council, to hear a criminal case within the jurisdiction of the superior court.

Official Citation: 79 Ops.Cal.Atty.Gen. 159
07/24/1996
96-519 Are the applications for funds and annual reports submitted by district attorneys with respect to the allocation of money for the prosecution of workers' compensation insurance fraud cases by the Fraud Assessment Commission subject to public disclosure? The applications for funds and annual reports submitted by district attorneys with respect to the allocation of money for the prosecution of workers' compensation insurance fraud cases by the Fraud Assessment Commission are subject to public disclosure unless it can be established that the public interest served by not making the information public clearly outweighs the public interest served by disclosure.

Official Citation: 79 Ops.Cal.Atty.Gen. 269
11/21/1996
96-517 If a physician's spouse sells her ownership interest in a physical therapy facility at its fair market value, may the physician thereafter refer his patients to the facility for physical therapy services? If a physician's spouse sells her ownership interest in a physical therapy facility at its fair market value, the physician may thereafter refer his patients to the facility for physical therapy services.

Official Citation: 79 Ops.Cal.Atty.Gen. 225
09/16/1996
96-507 If a school district sells commercial advertising space on a fence surrounding its high school baseball field, may it refuse to accept an advertisement which contains the Ten Commandments and identifies the advertising party? If a school district sells commercial advertising space on a fence surrounding its high school baseball field, it may not refuse to accept an advertisement which contains the Ten Commandments and identifies the advertising party.

Official Citation: 79 Ops.Cal.Atty.Gen. 196
09/13/1996
96-407 May an eligibility technician employed by a county department of social services, a county chief probation officer, and a juvenile court judge be licensed as foster parents for children who are wards of the juvenile court and receive placement of such children in their homes if they do not participate in any licensing or placement decisions with respect thereto? An eligibility technician employed by a county department of social services and a county chief probation officer, but not a juvenile court judge, may be licensed as foster parents for children who are wards of the juvenile court and receive placement of such children in their homes if they do not participate in any licensing or placement decisions with respect thereto, provided that the appointing power for the technician and officer has not adopted an incompatible activity rule prohibiting licensing or placement.

Official Citation: 79 Ops.Cal.Atty.Gen. 288
12/13/1996
96-403 Is a city required to pay for a chemical test ordered by a California Highway Patrol officer after the officer has arrested a person in the city for driving under the influence of alcohol or drugs, if the special reimbursement account established for payment of such tests has become exhausted? A city is required to pay for a chemical test ordered by a California Highway Patrol officer after the officer has arrested a person in the city for driving under the influence of alcohol or drugs, if the special reimbursement account established for payment of such tests has become exhausted.

Official Citation: 79 Ops.Cal.Atty.Gen. 266
11/21/1996
96-309 Does a telephone directory yellow pages advertisement by an attorney that contains the phrase "workers compensation" or "industrial injuries" require the placement of a notice regarding the filing of a false or fraudulent workers' compensation claim on the page where the advertisement is located? A telephone directory yellow pages advertisement by an attorney that contains the phrase "workers compensation" or "industrial injuries" requires the placement of a notice regarding the filing of a false or fraudulent workers' compensation claim on the page where the advertisement is located.

Official Citation: 79 Ops.Cal.Atty.Gen. 258
11/21/1996
96-307 1. When a grand jury is conducting a civil "watchdog" investigation of a local police agency, does it have the right to examine peace officer personnel records, including citizens' complaints, or information compiled from such records, without first obtaining issuance of a subpoena or court order?

2. Must a grand jury be investigating a specific case or citizen's complaint in order to examine such records?

3. May a grand jury require that such records be provided without the elimination of officers' names or statements or other alterations?
1. When a grand jury is conducting a civil "watchdog" investigation of a local police agency, it has the right to examine peace officer personnel records, including citizens' complaints, or information compiled from such records, without first obtaining issuance of a subpoena or court order.

2. A grand jury need not be investigating a specific case or citizen's complaint in order to examine such records.

3. A grand jury may require that such records be provided without the elimination of officers' names or statements or other alterations.

Official Citation: 79 Ops.Cal.Atty.Gen. 185
09/12/1996
96-304 Does the designation "district attorney" as used in Penal Code section 633 with respect to the overhearing or recording of conversations include city attorneys who prosecute misdemeanor cases? The designation "district attorney" as used in Penal Code section 633 with respect to the overhearing or recording of conversations does not include city attorneys who prosecute misdemeanor cases; however, such attorneys when prosecuting misdemeanor charges have the same powers that Penal Code section 633 has granted to district attorneys to overhear or record conversations.

Official Citation: 79 Ops.Cal.Atty.Gen. 221
09/16/1996
96-214 1. May an air pollution control district adopt a regulation specifying a number of alternative means of emission reduction from which employers must choose, where one of the options is to be implement an employee trip reduction plan?

2. May an air pollution control district adopt a regulation requiring a parking subsidy equivalency program, mandated by state law, as part of a required employer-based trip reduction plan or as one of a number of alternative means of emission reduction from which employers must choose?
1. An air pollution control district may adopt a regulation specifying a number of alternative means of emission reduction from which employers must choose, where one of the options is to implement an employee trip reduction plan, provided that the alternatives presented are reasonably practicable.

2. An air pollution control district may not adopt a regulation requiring a parking subsidy equivalency program, mandated by state law, as part of a required employer-based trip reduction plan or as one of a number of alternative means of emission reduction from which employers must choose.

Official Citation: 79 Ops.Cal.Atty.Gen. 214
09/16/1996
96-212 May investigators employed in the fraud division of the Department of Insurance issue administrative subpoenas to obtain evidence or testimony during criminal investigations being conducted by the Department of Insurance? Investigators employed in the fraud division of the Department of Insurance may issue administrative subpoenas to obtain evidence or testimony during criminal investigations being conducted by the Department of Insurance; however, if a person is compelled to testify after claiming his privilege against self-incrimination, immunity from criminal prosecution must be granted concerning the matter.

Official Citation: 79 Ops.Cal.Atty.Gen. 208
09/16/1996
96-203 Does the Board of Supervisors of El Dorado County have the authority to approve or veto the appointment of a particular candidate for court commissioner selected by a majority of the judges of the superior court? The Board of Supervisors of El Dorado County does not have the authority to approve or veto the appointment of a particular candidate for court commissioner selected by a majority of the judges of the superior court.

Official Citation: 79 Ops.Cal.Atty.Gen. 51
05/20/1996
96-201 May a school bus travel in a high-occupancy vehicle lane located in a separate corridor in the middle of a state freeway if its entry and exit are from an overpass from the right-hand lane of the freeway? A school bus may not travel in a high-occupancy vehicle lane located in a separate corridor in the middle of a state freeway if its entry and exit are from an overpass from the right-hand lane of the freeway.

Official Citation: 79 Ops.Cal.Atty.Gen. 255
11/21/1996
96-111 May a law enforcement agency investigate an allegation of police misconduct if the prescribed information advisory form has not been signed by the person filing the allegation? A law enforcement agency may investigate an allegation of police misconduct if the prescribed information advisory form has not been signed by the person filing the allegation.

Official Citation: 79 Ops.Cal.Atty.Gen. 163
07/29/1996
96-110 Luis Patlan ("relator") has requested this office to grant leave to sue Arcadio Viveros ("defendant") in quo warranto pursuant to section 803 of the Code of Civil Procedure to rest defendant's right to hold the office of Mayor of the City of Parlier. Leave to sue in quo warranto is granted to test defendant's right to hold the office of mayor, where the city council appointed defendant to the office after declaring it vacant on the basis that the incumbent was no longer a resident of the city.

Official Citation: 79 Ops.Cal.Atty.Gen. 21
04/11/1996
96-103 Is a voluntary nonprofit or proprietary agency provider of in-home supportive services performed by the agency's employees, which does not have a contract with a county to perform such services, eligible to be paid for such services by the State of California? A voluntary nonprofit or proprietary agency provider of in-home supportive services performed by the agency's employees, which does not have a contract with a county to perform such services, is not eligible to be paid for such services by the State of California.

Official Citation: 79 Ops.Cal.Atty.Gen. 128
06/20/1996
95-1207 Does the Ralph M. Brown Act (Gov. Code sections 54950-54962) apply to the hearings of a county board of supervisors when acting as the county board of equalization or to the hearings of an assessment appeals board? The Ralph M. Brown Act (Gov. Code sections 54950-54962) does not apply to the hearings of a county board of supervisors when acting as the county board of equalization or to the hearings of an assessment appeals board.

Official Citation: 79 Ops.Cal.Atty.Gen. 124
06/20/1996
95-1108 Does the Outdoor Advertising Act (Bus. & Prof. Code, sections 5200-5486) apply to the posting of a sign on private property adjacent to a highway that expresses the property owner's opinion concerning a state or federal public official? The Outdoor Advertising Act (Bus. & Prof. Code, sections 5200-5486) does not apply to the posting of a sign on private property adjacent to a highway that expresses the property owner's opinion concerning a state or federal public official.

Official Citation: 79 Ops.Cal.Atty.Gen. 117
06/20/1996
95-1107 1. In order for the governing board of a school district to permit a religious organization to conduct its services at a school facility, what showing must be made that the religious organization lacks another suitable meeting place for the conduct of its services?

2. May the governing board of a school district permit a religious organization to conduct its services at a school facility for an indefinite period of time?
1. In order for the governing board of a school district to permit a religious organization to conduct its services at a school facility, no showing must be made that the religious organization lacks another suitable meeting place for the conduct of its services.

2. The governing board of a school district may permit a religious organization to conduct its services at a school facility for an indefinite period of time.

Official Citation: 79 Ops.Cal.Atty.Gen. 248
11/21/1996
95-1102 Where a city street is realigned and a public right-of-way is created ranging in width from 15 to 45 feet from the street curb to the sidewalk, may the city prohibit the parking of vehicles on the extensions of residential driveways crossing over the public right-of-way? Where a city street is realigned and a public right-of-way is created ranging in width from 15 to 45 feet from the street curb to the sidewalk, the city may prohibit the parking of vehicles on the extensions of residential driveways crossing over the public right-of-way.

Official Citation: 79 Ops.Cal.Atty.Gen. 40
04/12/1996
95-1009 When a mosquito abatement district or vector control district discovers the presence of a fly problem involving an agricultural operation, does the district have an affirmative duty to determine whether the agricultural operation constitutes a public nuisance in producing "excessive" domestic fly larval development and adult fly emergence on the property before initiating a formal nuisance abatement action against the agricultural operation? When a mosquito abatement district or vector control district discovers the presence of a fly problem involving an agricultural operation, the district does not have an affirmative duty to determine whether the agricultural operation constitutes a public nuisance in producing "excessive" domestic fly larval development and adult fly emergence on the property before initiating a formal nuisance abatement action against the agricultural operation.

Official Citation: 79 Ops.Cal.Atty.Gen. 178
09/11/1996
95-1008 May a county planning commissioner simultaneously serve as a member of the county board of education? A county planning commissioner may not simultaneously serve as a member of the county board of education.

Official Citation: 79 Ops.Cal.Atty.Gen. 155
07/08/1996
95-1003 May a county charter amendment prohibit the county from approving a development project unless a demonstrable method exists for financing the roads, schools, water, and sewer facilities necessary to serve the project? A county charter amendment may not prohibit the county from approving a development project unless a demonstrable method exists for financing the roads, schools, water, and sewer facilities necessary to serve the project.

Official Citation: 79 Ops.Cal.Atty.Gen. 149
07/08/1996
95-910 1. May the State Superintendent of Public Instruction waive provisions of the Education Code for entire school districts, except those relating to earthquake safety?

2. May the State Superintendent of Public Instruction allocate funds to a school district for the operation of alternative schools on a basis (e.g., "active monthly enrollment" or "block grants" for special purpose education programs) for which no statutory authority exists?

3. May the State Superintendent of Public Instruction designate an entire school district as an "alternative school"?

4. What is the role of the State Board of Education in the waiver of Education Code provisions by the State Superintendent of Public Instruction for the operation of alternative schools?
1. The State Superintendent of Public Instruction may not waive provisions of the Education Code for entire school districts, except those relating to earthquake safety.

2. The State Superintendent of Public Instruction may not allocate funds to a school district for the operation of alternative schools on a basis (e.g., "active monthly enrollment" or "block grants" for special purpose education programs) for which no statutory authority exists.

3. The State Superintendent of Public Instruction may not designate an entire school district as an "alternative school."

4. The role of the State Board of Education has no role in the waiver of Education Code provisions by the State Superintendent of Public Instruction for the operation of alternative schools.

Official Citation: 79 Ops.Cal.Atty.Gen. 34
04/12/1996
95-909 May a retirement system that operates under article 5 of the County Employees Retirement Law of 1937 (Gov. Code section 31580-31607) transfer "excess earnings" to county advance reserves for the purpose of offsetting employer or employee contributions to the system? A retirement system that operates under article 5 of the County Employees Retirement Law of 1937 (Gov. Code section 31580-31607) may transfer "excess earnings" to county advance reserves for the purpose of offsetting employer or employee contributions. However, based upon an actuarial evaluation of the assets and liabilities of the system due to the transfer of excess earnings to county advance reserves for payment of retirement benefits, the future rates of employer and employee contributions to the system may be adjusted.

Official Citation: 79 Ops.Cal.Atty.Gen. 95
06/19/1996
95-907 Does a domestic violence shelter constitute a nuisance the existence of which must be disclosed by the seller of residential property? A domestic violence shelter does not constitute a nuisance the existence of which must be disclosed by the seller of residential property.

Official Citation: 79 Ops.Cal.Att.Gen. 112
06/20/1996
95-903 Does a county superintendent of schools have the authority to select the speakers and materials to be presented at a teacher institute conducted by the county superintendent of schools for the professional development of teachers employed by a local school district in the county? A county superintendent of schools has the authority to select the speakers and materials to be presented at a teacher institute conducted by the county superintendent of schools for the professional development of teachers employed by a local school district in the county.

Official Citation: 79 Ops.Cal.Atty.Gen. 109
06/20/1996
95-902 As a condition for issuing a timber harvesting permit, may the Department of Forestry and Fire Protection require a property owner to submit a comprehensive flora and fauna survey of the property? As a condition for issuing a timber harvesting permit, the Department of Forestry and Fire Protection may not require a property owner to submit a comprehensive flora and fauna survey of the property.

Official Citation: 79 Ops.Cal.Atty.Gen. 169
09/11/1996
95-901 Consistent with the public trust doctrine, may a public agency trustee of filled tidelands lease a portion of those tidelands to a private party for the construction of a timeshare resort? Consistent with the public trust doctrine, may a public agency trustee of filled tidelands may lease a portion of those tidelands to a private party for the construction of a timeshare resort if the project will provide for significant use by members of the general public and further trust uses by increasing opportunities for public access to the shoreline and water-oriented recreation.

Official Citation: 79 Ops.Cal.Atty.Gen. 133
07/08/1996
95-819 May a county which awarded an exclusive trash collection franchise in 1982 after receiving competitive bids, and which terminated that agreement and executed another exclusive franchise with the same franchisee in 1985, now terminate the existing franchise and award a new contract to the same franchisee without obtaining competitive bids? A county which awarded an exclusive trash collection franchise in 1982 after receiving competitive bids, and which terminated that agreement and executed another exclusive franchise with the same franchisee in 1985, may now terminate the existing franchise and award a new contract to the same franchisee without obtaining competitive bids.

Official Citation: 79 Ops.Cal.Atty.Gen. 28
04/12/1996
95-814 Do baseball trading cards purchased by a card shop constitute tangible personal property for purposes of regulation under the Secondhand Goods Law (Bus. & Prof. Code, sections 21500-21672)? Baseball trading cards purchased by a card shop do not constitute tangible personal property for purposes of regulation under the Secondhand Goods Law (Bus. & Prof. Code, sections 21500-21672).

Official Citation: 79 Ops.Cal.Atty.Gen. 103
06/20/1996
95-813 May the city council of a charter city, whose charter directs the city attorney to prosecute state misdemeanor offenses arising within the city when required by law, transfer state law prosecutorial duties from the city attorney to the county district attorney without a vote of the city electorate? The city council of a charter city, whose charter directs the city attorney to prosecute state misdemeanor offenses arising within the city when required by law, may transfer state law prosecutorial duties from the city attorney to the county district attorney without a vote of the city electorate.

Official Citation: 79 Ops.Cal.Atty.Gen. 46
05/20/1996
95-807 May the treasurer of a general law county grant to a contract investment manager, who is not a deputy of the treasurer, discretionary authority to invest funds on deposit with the treasurer? The treasurer of a general law county may grant to a contract investment manager, who is not a deputy of the treasurer, discretionary authority to invest funds on deposit with the treasurer, provided that the treasurer exercises prudence in the selection of the manager and imposes suitable safeguards to prevent abuse in the exercise of discretion by the manager. The treasurer would remain responsible for any investment decisions made by the manager.

Official Citation: 79 Ops.Cal.Atty.Gen. 88
06/19/1996
95-805 1. Will the Department of Motor Vehicles be required to release "personal information" under provisions of the Driver's Privacy Protection Act of 1994?

2. Is existing California law more restrictive than the new federal requirements concerning the release of addresses contained in motor vehicle records?

3. With respect to the 14 categories of "permissive" disclosure contained in the new federal act, will access to the information be prohibited in California if the Legislature does not affirmatively authorize disclosure in the described circumstances?

4. When must the new federal requirements be fully implemented in California?
1. The Department of Motor Vehicles will be required to release "personal information" under provisions of the Driver's Privacy Protection Act of 1994 to anyone effectuating the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers.

2. Existing California law is generally more restrictive than the new federal requirements concerning the release of addresses contained in motor vehicle records.

3. With respect to the 14 categories of "permissive" disclosure contained in the new federal act, access to the information will be prohibited in California if the Legislature does not affirmatively authorize disclosure in the described circumstances.

4. The new federal requirements must be fully implemented in California.

Official Citation: 79 Ops.Cal.Atty.Gen. 76
10/10/1996
95-706 Does the appellate department of a superior court have jurisdiction to rule upon a petition for a writ of habeas corpus relating to and in conjunction with an appeal from a municipal court misdemeanor conviction? The appellate department of a superior court does not have jurisdiction to rule upon a petition for a writ of habeas corpus relating to and in conjunction with an appeal from a municipal court misdemeanor conviction.

Official Citation: 79 Ops.Cal.Atty.Gen. 15
03/20/1996
95-618 May the owners of a coffee shop employing five or fewer employees prohibit minors from entering the premises in order to permit smoking by employees and patrons? The owners of a coffee shop employing five or fewer employees may not prohibit minors from entering the premises in order to permit smoking by employees and patrons.

Official Citation: 79 Ops.Cal.Atty.Gen. 8
02/15/1996
95-617 May the President of a California State University discontinue the Reserve Officers' Training Corps program from the university's curriculum based upon the difference between the United States military policy and university policy respecting discrimination on the basis of sexual orientation? The President of a California State University may discontinue the Reserve Officers' Training Corps program from the university's curriculum by giving one year's prior notice, regardless of the basis for the termination.

Official Citation: 79 Ops.Cal.Atty.Gen. 84
06/19/1996
95-614 1. Are the meetings of a standing committee composed of less than a quorum of the legislative body of a local public agency subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act, if the committee has the responsibility of providing advice concerning budgets, audits, contracts and personnel matters to and upon request of the legislative body?

2. May a fourth member of a seven member legislative body of a local agency attend, as a member of the public, an open and noticed meeting of a less than a quorum advisory committee of that body, without violating the notice, agenda, and public participation requirements of the Ralph M. Brown Act applicable to meetings of the parent legislative body?
1. The meetings of a standing committee composed of less than a quorum of the legislative body of a local public agency are subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act, if the committee has the responsibility of providing advice concerning budgets, audits, contracts and personnel matters to and upon request of the legislative body.

2. A fourth member of a seven member legislative body of a local agency may not attend, as a member of the public, an open and noticed meeting of a less than a quorum advisory committee of that body, without violating the notice, agenda, and public participation requirements of the Ralph M. Brown Act applicable to meetings of the parent legislative body.

Official Citation: 79 Ops.Cal.Atty.Gen. 69
06/10/1996
95-611 1. Under what circumstances, if any, may the Controller of the State of California waive all or part of the interest due for the failure to report or pay or deliver unclaimed property within the time prescribed by the Unclaimed Property Law?

2. In the event there is an actual dispute as to the existence, value, or time for the reporting of unclaimed property, what procedures may the Controller of the State of California follow in order to relieve the property holder of the possible interest due for the failure to report or pay or deliver the unclaimed property?

3. Is non-cash or non-cash equivalent property subject to the interest charges which accrue for failure to report or pay or deliver unclaimed property?
1. The Controller of the State of California may not waive all or part of the interest due for the failure to report or pay or deliver unclaimed property within the time prescribed by the Unclaimed Property Law.

2. In the event there is an actual dispute as to the existence, value, or time for the reporting of unclaimed property, what procedures may the Controller of the State of California may after full examination enter into a settlement agreement with the property holder compromising the possible interest that might be due for the failure to report or pay or deliver the unclaimed property.

3. Non-cash or non-cash equivalent property is subject to the interest charges which accrue for failure to report or pay or deliver unclaimed property.

Official Citation: 79 Ops.Cal.Atty.Gen. 233
09/17/1996
95-607 Are the records of intelligence information an security procedures incorporated into the gang reporting, evaluation, and tracking system by law enforcement agencies subject to public disclosure under the Public Records Act? The records of intelligence information an security procedures incorporated into the gang reporting, evaluation, and tracking system by law enforcement agencies are not subject to public disclosure under the Public Records Act.

Official Citation: 79 Ops.Cal.Atty.Gen. 206
09/13/1996
95-509 1. May school administrators require members of the news media to (1) register their presence on campus, (2) comply with other conditions for interviewing students, observing an event, or examining the curriculum being taught, and (3) leave the premises if their presence would interfere with the peaceful conduct of the activities of the school?

2. May school administrators require written parental permission before allowing members of the news media to interview students?
1. School administrators may require members of the news media to (1) register their presence on campus, (2) comply with other conditions for interviewing students, observing an event, or examining the curriculum being taught, and (3) leave the premises if their presence would interfere with the peaceful conduct of the activities of the school.

2. May school administrators may not require written parental permission before allowing members of the news media to interview students.

Official Citation: 79 Ops.Cal.Atty.Gen. 58
06/10/1996
95-409 May a local public agency invest its deferred compensation plan funds in a credit union that has on its board of directors a member of the legislative body of the agency? A local public agency may not invest its deferred compensation plan funds in a credit union that has on its board of directors a member of the legislative body of the agency.

Official Citation: 79 Ops.Cal.Atty.Gen. 1
01/10/1996