• Subscribe to the AG's RSS Feed
  • Join the AG's FaceBook
  • Follow the AG on Twitter
  • View the AG's YouTube Channel
  • View the AG's Tumblr Page

Legal Opinions of the Attorney General - Monthly Opinion Report

The Attorney General’s Opinion Unit is responsible for researching and drafting the formal opinions of the Attorney General. This Monthly Opinion Report lists all of the questions that are currently under consideration for formal opinions.

If you would like to give us your input on any of these questions, the Opinion Unit would be delighted to hear from you. Please follow the instructions under How to Submit Views on Assigned Opinion Requests in the right side bar menu.

By law, the Attorney General is authorized to issue formal opinions only to certain public officials. Please see our FAQs page for more information about who may request an opinion, and how to request an opinion.

An embedded link is provided for viewing the published opinions. Please use Search for Opinions to look for more opinions.


Opinion Requests Assigned in August 2016

No opinion requests were assigned for this period.


Assigned Opinion Requests Pending

Opinion No. Question Assigned To
11-201

Is a California charter school and its board of directors subject to: a) the Ralph M. Brown Act; or b) the California Public Records Act; or c) the Political Reform Act of 1974; or d) Government Code section 1090; or e) the review and inspection of books and records, by a Grand Jury formed pursuant to Penal Code section 888? (Most notably, the Grand Jury whose function it is to investigate and inquire into county functions of civil concern, see also, Penal Code section 933.6)


Medeiros
11-705

May a court impose a probation condition on a DUI defendant to make a specified payment to the DUIRR Program?


Eisenberg
12-1203

May a former local agency employee serve on that public agency's elected Board of Directors while still being carried on that agency's employee payroll solely for purposes of utilizing unused vacation leave remaining from his/her time as an active employee?


Eisenberg
14-101

May non-attorneys represent parties in (1) administrative proceedings conducted before the Office of Administrative Hearings, or (2) "due process hearings" conducted under the Education Code?


Medeiros
14-202

May the "premium" generated from a school district bond sale be used to pay for expenses of issuance and other transaction costs?


Nolan
14-301

May an attorney who sits on a city council represent clients with interests adverse to that city?


Daniels
15-101

May the Prison Industry Authority deposit funds in a commercial bank account not subject to immediate access or control by other state agencies?


Binsacca
15-301

Is the time for filing the report required under Business and Professions Code section 805 tolled when a healing arts "licentiate" requests a hearing on the action that triggered the filing requirement?


Binsacca
15-801

How do legally required recusals affect voting allocations among board members of the Metropolitan Water District of Southern California?


Medeiros
15-1101

Quo warranto matter: Does a Rialto city council member reside within city limits?


Daniels
15-1102

Request for advice on the jurisdictional authority of a local housing authority and an out-of-state housing authority under state law.


Binsacca
15-1103

May a city council member, who is also a member of the city’s redevelopment successor agency board, purchase commercial property located within a former redevelopment area under circumstances where the member is currently leasing that property under a lease agreement, originally created before the member took office with the city, that contains an option to purchase the leased property?


Daniels
15-1201

Which California state statute governs the filling of vacancies on the Banning Library District Board of Trustees?


Medeiros
15-1202

What are the procedural requirements for filling the vacant office of County Sheriff upon the death of the incumbent sheriff?


Daniels
16-201

May a local jurisdiction require a subdivision applicant to eliminate the designation of a remainder parcel on a tentative parcel map, or require an applicant to provide additional analysis of a remainder parcel that has already been approved for development?


Binsacca
16-301

May a water district provide retirement contributions to members of its governing board without violating statutory compensation limits?


Medeiros
16-401

Under Proposition 26, may a "new fee" fund an "old service" of reporting pawn and secondhand dealer licensee information?


Binsacca
16-402

Must specified prior offenders receive a formal pardon from the Governor in order to obtain a "Certificate of Rehabilitation and Pardon" and qualify for a classified employment position at a school or community college district?


Eisenberg
16-603

Does Voter Participation Rights Act apply to charter cities and school districts?


Daniels
16-702

Quo warranto matter: Does Elections Code section 10515(a) require a county Board of Supervisors to appoint water district directors under circumstances where incompatible office holding would result?


Daniels

Conclusions of Opinions Issued in August 2016

No opinions issued.

Opinions

Receive Opinions and Monthly Reports

How to Submit Views on Assigned Opinion Requests

The Attorney General welcomes and solicits the views of all interested persons concerning the legal issues raised in any question submitted for an opinion. Views should be in writing and directed to the deputy assigned to prepare the opinion. All views submitted before publication will be considered, but early submissions are greatly preferred. All submissions will be treated as public records subject to disclosure under the Public Records Act.

To submit your written comment, contact the deputy attorney general whose name appears next to the item of interest in the list of pending opinion requests appearing on this web page:

Senior Assistant Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102

Lead Deputy Attorney General
300 S. Spring Street
Los Angeles, CA 90013

Deputy Attorney General
300 S. Spring Street
Los Angeles, CA 90013

Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102

Deputy Attorney General
300 S. Spring Street
Los Angeles, CA 90013

Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004

Deputy Attorney General (Ret. Annt.)
1300 I Street
Sacramento, CA 95814

How to Submit a Question of Law for AG Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. For more information about requesting an opinion, please see our FAQs and the Guidelines for AG Opinions.pdf a downloadable resource provided for users' reference.

To submit a request, or to ask questions about how to submit a request, please contact:

  • Susan Duncan Lee
  • Senior Assistant Attorney General
  • Office of the Attorney General
  • Opinion Unit, Dept. of Justice
  • 455 Golden Gate Ave., Suite 11000
  • San Francisco, CA 94102

  • Susan.Lee@doj.ca.gov


How to Request a Copy of an Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit:

  • Office of the Attorney General
  • Opinion Unit, Dept. of Justice
  • Attn. Stephanie Grimes
  • P. O. Box 944255
  • Sacramento, CA 94244-2550

  • Stephanie.Grimes@doj.ca.gov

  • Printed hardbound volumes of Opinions of the Attorney General of California (1943 to present) are available for purchase by contacting Lexis Publishing online store at www.lexisnexis.com/store/us/. Electronic based opinions dating back to 1960 are also available in the Lexis online database. Additionally, hardbound volumes are also an available reference in public law libraries.


Megan's Law

California Registered Sex Offender Database

Search Now

Megan's Law information is also available in these languages:

Site Navigation

Translate Website

  • Google™ Translation Disclaimer

This Google™ translation feature is provided for informational purposes only.

The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool.

Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business.

If you have any questions please contact:Bilingual Services Program at (916) 324-5482

A copy of this disclaimer can also be found on our Disclaimer page.

Select a Language Below / Seleccione el Idioma Abajo

Close this box or use the [ X ]