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Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2002

Opinion Question Conclusion Published
02-809 May a business owner conduct a promotion in which (1) each customer is given a card, (2) when a product is purchased at the regular price, the card is stamped, (3) once the card is stamped four times, the customer receives a free product of the type previously purchased and (4) the card is entered in a drawing for a free vacation? A business owner may not conduct a promotion in which (1) each customer is given a card, (2) when a product is purchased at the regular price, the card is stamped, (3) once the card is stamped four times, the customer receives a free product of the type previously purchased and (4) the card is entered in a drawing for a free vacation.

Official Citation: 85 Ops.Cal.Atty.Gen. 243
12/10/2002
02-711 May public funds of a general law city or charter city be expended to reimburse city council members for their expenses in purchasing meals for third parties, such as constituents, legislators and private business owners, at meetings held to discuss legislation or other matters of benefit to the city? Public funds of a general law city may not be expended to reimburse city council members for their expenses in purchasing meals for third parties, such as constituents, legislators and private business owners, at meetings held to discuss legislation or other matters of benefit to the city. If the charter so authorizes, public funds of a charter city may be expended for such purposes.

Official Citation: 85 Ops.Cal.Atty.Gen. 210
10/23/2002
02-708 May a volunteer firefighter serve on the board of directors of a fire protection district if he receives $8 for each response to a fire call and an allowance of up to $200 from the district for the purchase of boots? A volunteer firefighter may serve on the board of directors of a fire protection district even though he receives $8 for each response to a fire call and an allowance of up to $200 from the district for the purchase of boots.

Official Citation: 85 Ops.Cal.Atty.Gen. 230
11/13/2002
02-704 May a person serve concurrently as a director of the Round Valley County Water District and director of the Covelo Community Services District? A person may not serve concurrently as a director of the Round Valley County Water District and director of the Covelo Community Services District.

Official Citation: 85 Ops.Cal.Atty.Gen. 239
11/26/2002
02-702 May a member of the City Council of the City of El Monte serve simultaneously on the Board of Directors of the Upper San Gabriel Valley Municipal Water District? A member of the City Council of the City of El Monte may not serve simultaneously on the Board of Directors of the Upper San Gabriel Valley Municipal Water District.

Official Citation: 85 Ops.Cal.Atty.Gen. 199
10/02/2002
02-604 Are members of the California National Guard required to satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training before they may exercise the powers of peace officers when called into emergency state service by the Governor? Members of the California National Guard are required to satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training before they may exercise the powers of peace officers when called into emergency state services by the Governor.

Official Citation: 85 Ops.Cal.Atty.Gen. 203
10/03/2002
02-601 May a financial institution that issues credit cards charge a cardholder a service fee when it creates a demand draft for presentation to the cardholder's bank for payment of a current or past due credit card obligation if charging the fee is authorized in the credit card agreement? A financial institution that issues credit cards may charge a cardholder a service fee when it creates a demand draft for presentation to the cardholder’s bank for payment of a current or past due credit card obligation if charging the fee is authorized in the credit card agreement.

Official Citation: 85 Ops.Cal.Atty.Gen. 215
10/29/2002
02-514 Is the Secretary of State required to accept for filing a certificate of voluntary dissolution of a nonprofit corporation containing facsimile signatures of the directors rather than their original signatures? The Secretary of State is not required to accept for filing a certificate of voluntary dissolution of a nonprofit corporation containing facsimile signatures of the directors rather than their original signatures.

Official Citation: 85 Ops.Cal.Atty.Gen. 191
09/05/2002
02-509 Are cities exempt from paying documentary transfer taxes when acquiring title to real property? Cities are exempt from paying documentary transfer taxes when acquiring title to real property.

Official Citation: 85 Ops.Cal.Atty.Gen. 235
11/21/2002
02-407 Is a development created in 1972 which was recorded under "a map of a condominium project" and granted a special use permit by the county "for a Planned Residential Development which is a condominium," where the residents own separate lots and an undivided interest in the lot constituting the common area, a "condominium project" or a "planned development" for purposes of California law? A development created in 1972 which was recorded under "a map of a condominium project" and granted a special use permit by the county "for a Planned Residential Development which is a condominium," where the residents own separate lots and an undivided interest in the lot constituting the common area, is a "planned development" for purposes of California law.

Official Citation: 85 Ops.Cal.Atty.Gen. 162
08/27/2002
02-406 May members of the news media attend a child's individualized education program meeting as observers if their attendance has the consent of the parents? Members of the news media may not attend a child's individualized education program meeting as observers even though their attendance has the consent of the parents.

Official Citation: 85 Ops.Cal.Atty.Gen. 157
08/26/2002
02-404 Is a load of aggregate material required to be covered when transported on a highway if it remains six inches from the upper edge of the sides, front and back of the vehicle's cargo container area and does not extend at its peak above any part of the upper edge? A load of aggregate material is not required to be covered when transported on a highway if it remains six inches from the upper edge of the sides, front and back of the vehicle's cargo container area and does not extend at its peak above any part of the upper edge. However, the operator of the vehicle remains subject to citation if any of the material escapes from the vehicle.

Official Citation: 85 Ops.Cal.Atty.Gen. 220
10/30/2002
02-403 1. May a city council continue to lease property to a nonprofit corporation under a 40-year lease that will expire in 29 years and grant funds to the corporation if a council member becomes the salaried executive director of the corporation?

2. May a city council continue to execute an extension of a contract with a construction company to “noise-proof” homes near a city airport if the company’s architectural subcontractor is the firm of a newly elected city council member and if the firm has been the architectural subcontractor on the project for more than five years and the architectural subcontractor for this construction company for the past three years?
1. A city council may continue to lease property to a nonprofit corporation under a 40-year lease that will expire in 29 years even though a council member becomes the salaried executive director of the corporation. The city council may also grant funds to the corporation, provided that the council member does not participate in the making of the grants and discloses her financial interest in the grants to the city council, and the interest is noted in the council’s official records.

2. A city council may not continue to execute an extension of a contract with a construction company to “noise-proof” homes near a city airport if the company’s architectural subcontractor is the firm of a newly elected city council member even though the firm has been the architectural subcontractor on the project for more than five years and the architectural subcontractor for this construction company for the past three years.

Official Citation: 85 Ops.Cal.Atty.Gen. 176
09/03/2002
02-306 1. Is Joel Scalzitti unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a landowner within the district?

2. Is Joel Scalzitti unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a resident within the division of the district from which he was elected?
1. Whether Joel Scalzitti is unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a landowner within the district presents substantial issues of fact and law requiring judicial resolution.

2. Whether Joel Scalzitti is unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a resident within the division of the district from which he was elected presents substantial issues of fact and law requiring judicial resolution.

Official Citation: 85 Ops.Cal.Atty.Gen. 101
05/10/2002
02-301 1. Does colon hydrotherapy, also known as colonic irrigation, constitute “treatment” for purposes of the Medical Practice Act?

2. Would a registered nurse who performs colon hydrotherapy, also known as colonic irrigation, when not under the direction of a licensed physician but rather pursuant to a client’s request as part of the nurse’s private practice, be unlawfully engaged in the practice of medicine?
1. Colon hydrotherapy, also known as colonic irrigation, constitutes
“treatment” for purposes of the Medical Practice Act.

2. A registered nurse who performs colon hydrotherapy, also known as colonic irrigation, when not under the direction of a licensed physician but rather pursuant to a client’s request as part of the nurse’s private practice, would be unlawfully engaged in the practice of medicine.

Official Citation: 85 Ops.Cal.Atty.Gen. 134
07/03/2002
02-207 Are videotapes made by security cameras on public buses and other transit vehicles required to be retained for any specific length of time? Videotapes made by security cameras on public buses and other transit vehicles are generally required to be retained for one year; the retention period may be reduced to 90 days under specified circumstances.

Official Citation: 85 Ops.Cal.Atty.Gen. 256
12/20/2002
02-202 Is a deputy sheriff of the County of San Diego, who is employed to perform duties exclusively or initially relating to custodial assignments, a “peace officer” while away from the county’s detention facilities and appearing at community service events,participating as a member of the Sheriff’s Honor Guard, or conducting recruitment background checks or internal affairs investigations? A deputy sheriff of the County of San Diego, who is employed to perform duties exclusively or initially relating to custodial assignments, is not a “peace officer” while away from the county’s detention facilities and appearing at community service events,participating as a member of the Sheriff’s Honor Guard, or conducting recruitment background checks or internal affairs investigations.

Official Citation: 85 Ops.Cal.Atty.Gen. 130
07/02/2002
02-113 1. Is a "fundamental" school that has a district-wide attendance area and a "back-to-basics" curriculum, which its students and their parents must agree to support, exempt from "a random, unbiased process" in selecting pupils for enrollment when requests for admission of those meeting the entrance criteria exceed the capacity of the school?

2. Does a "first come, first served" selection policy constitute a "random, unbiased process" in selecting pupils for enrollment when requests for admission exceed the capacity of the school?
1. A “fundamental” school that has a district-wide attendance area and a “back-to-basics” curriculum, which its students and their parents must agree to support, is not exempt from “a random, unbiased process” in selecting pupils for enrollment when requests for admission of those meeting the entrance criteria exceed the capacity of the school.

2. A “first come, first served” selection policy does not constitute a “random, unbiased process” in selecting pupils for enrollment when requests for admission exceed the capacity of the school.

Official Citation: 85 Ops.Cal.Atty.Gen. 95
05/09/2002
02-112 May county recorders implement electronic recordation of documents in their respective jurisdictions? County recorders may not implement electronic recordation of documents in their respective jurisdictions other than in the Counties of Orange and San Bernardino.

Official Citation: 85 Ops.Cal.Atty.Gen. 181
09/04/2002
02-103 May a district attorney make copies of documents maintained in a juvenile case file without first obtaining a court order authorizing the copying of the documents? A district attorney may not make copies of documents maintained in a juvenile case file without first obtaining a court order authorizing the copying of the documents.

Official Citation: 85 Ops.Cal.Atty.Gen. 194
09/10/2002
02-102 1. May the Legislature prohibit the prescribing of drugs by clinical psychologists who have received training with respect to the use of prescription drugs under guidelines adopted pursuant to the Legislature's directive, when at the same time the Legislature has granted prescription authorization to certain other health care professionals?

2. May the Board of Psychology authorize by regulation the prescribing of psychotropic medications by clinical psychologists who have received training with respect to the use of prescription drugs under guidelines adopted pursuant to the Legislature's directive?
1. The Legislature may prohibit the prescribing of drugs by clinical psychologists even though they have received training with respect to the use of prescription drugs under guidelines adopted pursuant to the Legislature’s directive,when at the same time the Legislature has granted prescription authorization to certain other health care professionals.

2. The Board of Psychology may not authorize by regulation the prescribing of psychotropic medications by clinical psychologists who have received training with respect to the use of prescription drugs under guidelines adopted pursuant to the Legislature’s directive.

Official Citation: 85 Ops.Cal.Atty.Gen. 247
12/19/2002
01-1210 May a licensed contractor employ a person whose contractor's license has been revoked by the Contractors State License Board? A licensed contractor may employ a person whose contractor's license has been revoked by the Contractors' State License Board.

Official Citation: 85 Ops.Cal.Atty.Gen. 171
08/29/2002
01-1201 May a county board of education grant scholarships or monetary awards to county students? A county board of education may grant scholarships and monetary awards to county students when it is acting as the governing board of a school district.

Official Citation: 85 Ops.Cal.Atty.Gen. 167
08/28/2002
01-1114 Where the general municipal election for a general law city has been set by ordinance for the date of the statewide general election in November of even numbered years, may an initiative measure to repeal a city tax be submitted to the voters on the date of the statewide direct primary election in March? Where the general municipal election for a general law city has been set by ordinance for the date of the statewide general election in November of even numbered years, an initiative measure to repeal a city tax may be submitted to the voters on the date of the statewide direct primary election in March only if the measure statutorily qualifies to be submitted at a special election which coincides with the March primary election.

Official Citation: 85 Ops.Cal.Atty.Gen. 151
08/12/2002
01-1107 1. May a person serve simultaneously as a city council member and a deputy county counsel?

2. May a city council, one member of which is serving simultaneously as a deputy county counsel, enter into a contract with the county to obtain law enforcement services?

3. May a city council member, who is serving simultaneously as a deputy county counsel, participate in the city's contract negotiations with the county to obtain law enforcement services?
1. A person may serve simultaneously as a city council member and a deputy county counsel.

2. A city council, one member of which is serving simultaneously as a deputy county counsel, may enter into a contract with the county to obtain law enforcement services, provided that the member's employment is disclosed to the council at the time of consideration of the contract and noted in its official records.

3. A city council member, who is serving simultaneously as a deputy county counsel, may participate in the city's contract negotiations with the county to obtain law enforcement services.

Official Citation: 85 Ops.Cal.Atty.Gen. 115
06/07/2002
01-1103 May a general law city enter into a contract with a private security company authorizing the company's employees to issue citations for Vehicle Code parking violations? A general law city may not enter into a contract with a private security company authorizing the company's employees to issue citations for Vehicle Code parking violations.

Official Citation: 85 Ops.Cal.Atty.Gen. 83
04/23/2002
01-1101 1. Are the meetings of the Clinical Advisory Panel within the Department of Managed Health Care subject to the requirements of the Bagley-Keene Open Meeting Act?

2. If so, may the Clinical Advisory Panel meet in closed session when it obtains and reviews information and findings arising from the independent medical review system?
1. Are the meetings of the Clinical Advisory Panel within the Department of Managed Health Care subject to the requirements of the Bagley-Keene Open Meeting Act?

2. If so, may the Clinical Advisory Panel meet in closed session when it obtains and reviews information and findings arising from the independent medical review system?

Official Citation: 85 Ops.Cal.Atty.Gen. 145
08/06/2002
01-1007 May a trustee of the Lakeside Union School District serve simultaneously as a director of the Padre Dam Municipal Water District? A trustee of the Lakeside Union School District may not serve simultaneously as a director of the Padre Dam Municipal Water District.

Official Citation: 85 Ops.Cal.Atty.Gen. 60
04/03/2002
01-1006 May a workforce investment board continue to contract with a newly elected city council member for the performance of employment development services, which he has provided to the board for over five years prior to his election, where the board was created by a joint powers agreement between the city and two other public agencies, the agreement provides for the administration of all contracts by the city's employees, including the ministerial execution of all contracts by the city manager, and the city council does not review, consider, approve, administer, or monitor performance of any board contract? A workforce investment board may continue to contract with a newly elected city council member for the performance of employment development services, which he has provided to the board for over five years prior to his election, where the board was created by a joint powers agreement between the city and two other public agencies, the agreement provides for the administration of all contracts by the city’s employees, including the ministerial execution of all contracts by the city manager, and the city council does not review, consider, approve, administer, or monitor performance of any board contract.

Official Citation: 85 Ops.Cal.Atty.Gen. 87
05/03/2002
01-1005 1. Are federal law enforcement officers, who are employed on a full-time, salaried basis as Department of Defense police officers at the Los Angeles Air Force Base, exempt from the state law prohibition against carrying concealed, loaded firearms when the officers are not on duty?

2. When Department of Defense police officers are engaged in the enforcement of federal criminal laws at the Los Angeles Air Force Base, may they make arrests for violations of state law occurring on the base if the arrests are incidental to the performance of their federal law enforcement duties?

3. Are the provisions of the state Vehicle Code applicable to the roads of the Los Angeles Air Force Base?
1. Federal law enforcement officers, who are employed on a full-time, salaried basis as Department of Defense police officers at the Los Angeles Air Force Base, are exempt from the state law prohibition against carrying concealed, loaded firearms even when they are not on duty.

2. When Department of Defense police officers are engaged in the enforcement of federal criminal laws at the Los Angeles Air Force Base, they may make arrests for violations of state law occurring on the base if the arrests are incidental to the performance of their federal law enforcement duties and they have satisfied the appropriate training requirements.

3. The provisions of the state Vehicle Code are applicable to the roads of the Los Angeles Air Force Base.

Official Citation: 85 Ops.Cal.Atty.Gen. 68
04/18/2002
01-1001 Is Jon S. Taylor unlawfully holding the office of member of the Calimesa City Council due to a change of residence? Whether Jon S. Taylor is unlawfully holding the office of member of the Calimesa City Council due to a change of residence presents substantial issues of fact and law requiring judicial resolution.

Official Citation: 85 Ops.Cal.Atty.Gen. 90
05/07/2002
01-902 May the city council of a general law city that provides medical benefits to its members while in office, and which has never continued such benefits to its members after leaving office, now provide for the continuation of such benefits for currently serving members after they leave office? The city council of a general law city that provides medical benefits to its members while in office, and which has never continued such benefits to its members after leaving office, may now provide for the continuation of such benefits for its currently serving members after they leave office only if the recipients participate on a self-pay basis.

Official Citation: 85 Ops.Cal.Atty.Gen. 63
04/17/2002
01-901 May the State Board of Equalization publicly disclose information that its staff has compiled regarding timber and log sales transactions if the information is provided in a source-neutral, summary fashion that does not identify or make ascertainable specific timber or log sales transactions or the parties involved in such transactions? The State Board of Equalization may publicly disclose information that its staff has compiled regarding timber and log sales transactions if the information is provided in a source-neutral, summary fashion that does not identify or make ascertainable specific timber or log sales transactions or the parties involved in such transactions.

Official Citation: 85 Ops.Cal.Atty.Gen. 141
07/25/2002
01-807 Are persons committed to county jail who participate in an electronic monitoring home detention program eligible for good conduct and work credits? Persons committed to county jail who participate in an electronic monitoring home detention program are eligible for good conduct and work credits.

Official Citation: 85 Ops.Cal.Atty.Gen. 106
06/03/2002
01-803 Is the State Allocation Board authorized to notify the Secretary of the Senate and the Chief Clerk of the Assembly when new construction grant requests from school districts that are ready for apportionment exceed the state funds available for new school construction? The State Allocation Board is not authorized to notify the Secretary of the Senate and the Chief Clerk of the Assembly when new construction grant requests from school districts that are ready for apportionment exceed the state funds available for new school construction as long as the board continues to approve apportionments.

Official Citation: 85 Ops.Cal.Atty.Gen. 25
02/13/2002
01-802 May the members of the board of directors of a public transit agency accept passes for free transportation on the agency's buses in order to perform their duties of monitoring the agency's transportation services? Members of the board of directors of a public transit agency may accept passes for free transportation on the agency’s buses in order to perform their duties of monitoring the agency’s transportation services.

Official Citation: 85 Ops.Cal.Atty.Gen. 40
03/08/2002
01-701 May a county require an applicant for a coastal development permit to agree to defend, indemnify, and hold harmless the county in any action by a third party brought to void the permit? A county may require an applicant for a coastal development permit to agree to defend, indemnify, and hold harmless the county in any action brought by a third party to void the permit.

Official Citation: 85 Ops.Cal.Atty.Gen. 21
01/01/2002
01-619 May school districts and community college districts pay for printing, handling, translating, and mailing trustee candidate statements contained in the voter's pamphlet? School districts and community college districts may pay for printing, handling, translating, and mailing trustee candidate statements contained in the voter’s pamphlet.

Official Citation: 85 Ops.Cal.Atty.Gen. 49
03/12/2002
01-609 1. Where the prosecution has (1) electronically recorded a witness's statement, (2) hired a certified shorthand reporter to report the statement, and (3) furnished to the defense a copy of the electronic recording, may the prosecution also have a duty to order a transcript of the statement from the reporter for inspection by the defense?

2. Does the prosecution's duty to disclose discoverable materials include a duty to furnish copies of such materials to the defense?

3. May the prosecution, having elected to disclose discoverable materials by furnishing copies to the defense, require reimbursement for the cost of copying such materials?

4. Would the furnishing of copies of discoverable materials by the prosecution to the defense without charge constitute an improper "gift" of public funds?
1. Where the prosecution has (1) electronically recorded a witness's statement, (2) hired a certified shorthand reporter to report the statement, and (3) furnished to the defense a copy of the electronic recording, the prosecution may nevertheless have a duty to order a transcript of the statement from the reporter for inspection by the defense depending upon the particular circumstances.

2. The prosecution's duty to disclose discoverable materials does not include a duty to furnish copies of such materials to the defense.

3. The prosecution, having elected to disclose discoverable materials by furnishing copies to the defense, may not require reimbursement for the cost of copying such materials.

4. The furnishing of copies of discoverable materials by the prosecution to the defense without charge would not constitute an improper "gift" of public funds.

Official Citation: 85 Ops.Cal.Atty.Gen. 123
06/10/2002
01-607 May a city contract with another city for law enforcement services where one of its council members is a retired police officer previously employed by the other city and who currently receives Public Employees Retirement System health benefits from the other city; if so, may the council member participate in the making of a contract? A city may contract with another city for law enforcement services where one of its council members is a retired police officer previously employed by the other city and who currently receives Public Employees Retirement System health benefits from the other city; the council member may participate in the making of the contract.

Official Citation: 85 Ops.Cal.Atty.Gen. 6
01/10/2002
01-605 Does a county board of supervisors have statutory authority to charge a fee for a copy of a public record that exceeds the fee amount authorized by the California Public Records Act? A county board of supervisors has statutory authority to charge a fee for a copy of a public record that exceeds the fee amount authorized by the California Public Records Act provided that the fee set by the county does not exceed the amount reasonably necessary to recover the cost to the county of providing the copy. In granting such statutory authority, the Legislature has specified exceptions for fees charged in furnishing copies of certain public records.

Official Citation: 85 Ops.Cal.Atty.Gen. 225
11/01/2002
01-601 Where a city proposes to enter into a development agreement with a developer, may a senior staff member of the city participate in the negotiations and drafting of the agreement if her spouse is employed by a firm that will provide outreach services for the developer with respect to the project pursuant to a yearly retainer agreement, the spouse has no ownership interest in the firm, he will not work on the city's project, and his income will not be affected by the outcome of the development agreement or the project? Where a city proposes to enter into a development agreement with a developer, a senior staff member of the city may not participate in the negotiations and drafting of the agreement if her spouse is employed by a firm that will provide outreach services for the developer with respect to the project pursuant to a yearly retainer agreement, even though the spouse has no ownership interest in the firm, he will not work on the city’s project, and his income will not be affected by the outcome of the development agreement or project.

Official Citation: 85 Ops.Cal.Atty.Gen. 34
03/06/2002
01-505 1. May a county board of education meet in closed session under the "personnel exception" of the Ralph M. Brown Act to consider the appointment, employment, evaluation of performance, discipline, or dismissal of certificated or classified employees of the county superintendent of schools?

2. May a county board of education meet in closed session under the "labor negotiations exception" of the Ralph M. Brown Act to consider the salaries or compensation paid in the form of fringe benefits to certificated or classified employees of the county superintendent of schools?
1. A county board of education may not meet in closed session under the "personnel exception" of the Ralph M. Brown Act to consider the appointment, employment, evaluation of performance, discipline, or dismissal of certificated or classified employees of the county superintendent of schools.

2. A county board of education may not meet in closed session under the "labor negotiations exception" of the Ralph M. Brown Act to consider the salaries or compensation paid in the form of fringe benefits to certificated or classified employees of the county superintendent of schools.

Official Citation: 85 Ops.Cal.Atty.Gen. 77
04/19/2002
01-401 1. Do the open meeting requirements of the Ralph M. Brown Act apply to the meetings of the governing board of a private, nonprofit corporation formed for the purpose of providing programming for a cable television channel set aside for educational use by a cable operator pursuant to its franchise agreement with a city and subsequently designated by the city to provide the programming services?

2. Do the records disclosure requirements of the Public Records Act apply to such a corporation?
1. The open meeting requirements of the Ralph M. Brown Act apply to the meetings of the governing board of a private, nonprofit corporation formed for the purpose of providing programming for a cable television channel set aside for educational use by a cable operator pursuant to its franchise agreement with a city and subsequently designated by the city to provide the programming services.

2. The records disclosure requirements of the Public Records Act apply to a private, nonprofit corporation formed for the purpose of providing programming for a cable television channel set aside for educational use by a cable operator pursuant to its franchise agreement with a city and subsequently designated by the city to provide the programming services.

Official Citation: 85 Ops.Cal.Atty.Gen. 55
03/14/2002
01-313 May a county ordinance prohibit the transfer of funds into a county candidate or elective county officer's campaign committee from any other campaign committee controlled by a candidate? A county ordinance may prohibit the transfer of funds into a county candidate’s or elective county officer’s campaign committee from any other campaign committee controlled by a candidate but only with respect to transfers from one candidate to another and only in order to avoid “funneling” where a valid contribution limit is in place.

Official Citation: 85 Ops.Cal.Atty.Gen. 43
03/11/2002
01-103 Is it a violation of the state's animal cruelty laws for an animal control officer or humane society officer to use intracardiac administration of euthanasia on a conscious animal in an animal shelter or humane society facility? It is a violation of the state’s animal cruelty laws for an animal control officer or humane society officer to use intracardiac administration of euthanasia on a conscious animal in an animal shelter or humane society facility if the animal may first be rendered unconscious in a humane manner or if, in light of all the circumstances, the procedure is unjustifiable.

Official Citation: 85 Ops.Cal.Atty.Gen. 1
01/02/2002
00-1212 1. Is the City and County of San Francisco statutorily required to obtain approval from the County of San Mateo of its plans to expand the San Francisco International Airport into San Francisco Bay on property located within the county before the San Francisco Bay Conservation and Development Commission may act on the city's permit application for the project?

2. If so, may the San Francisco Bay Conservation and Development Commission waive or postpone the statutory requirement that the County of San Mateo approve the plans for the airport expansion before the commission may act on the city's permit application?
1. The City and County of San Francisco is statutorily required to obtain approval from the County of San Mateo of its plans to expand San Francisco International Airport into San Francisco Bay on property located within the county before the San Francisco Bay Conservation and Development Commission may act on the city’s permit application for the project.

2. The San Francisco Bay Conservation and Development Commission may not waive or postpone the statutory requirement that the County of San Mateo approve the plans for the airport expansion before the commission may act on the city’s permit application.

Official Citation: 85 Ops.Cal.Atty.Gen. 11
01/11/2002
00-1107 1. What are "participating revenue districts" for purposes of the alternative method of distributing tax levies?

2. What are the consequences of being a public district "for which the county treasury is not the legal depository" for purposes of the alternative method of distributing tax levies?
1. “Participating revenue districts” for purposes of the alternative method of distributing tax levies are cities and districts for which county officers assess property and collect taxes or assessments and for which the alternative method of distributing tax levies has been implemented.

2. The consequences of being a public district “for which the county treasury is not the legal depository” for purposes of the alternative method of distributing tax levies are that such district’s governing board and the board of supervisors must both approve the district’s participation in order to implement the program for the district.

Official Citation: 85 Ops.Cal.Atty.Gen. 29
02/14/2002
00-1009 When a customer uses a debit card to purchase gasoline at a service station, may the service station owner cause a hold to be placed upon the customer's bank account before allowing the gasoline to be pumped where the amount of the hold is in excess of the purchase price of the gasoline ultimately pumped, the hold extends beyond the fueling event, and the owner does not inform the customer of the existence of the hold? When a customer uses a debit card to purchase gasoline at a service station, the service station owner may not cause a hold to be placed upon the customer’s bank account before allowing the gasoline to be pumped where the amount of the hold is in excess of the purchase price of the gasoline ultimately pumped, the hold extends beyond the fueling event, and the owner does not inform the customer of the existence of the hold.

Official Citation: 85 Ops.Cal.Atty.Gen. 17
01/24/2002

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  • Printed hardbound volumes of Opinions of the Attorney General of California are published by Lexis Publishing and may be read in public libraries. Opinions are also available online through Lexis dating back to 1960.


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