Legal Opinions of the Attorney General - Monthly Opinion Report

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New Questions Assigned During October 2020

Opinion No. Question Requested by Assigned To
20-1001

May a District Attorney provide criminal defense counsel the defendant's unredacted state summary criminal history information during the criminal discovery process?

San Luis Obispos District Attorney Dan Dow Medeiros
10/02/2020

Pending Matters:


Opinion Requests

Opinion No. Question Assigned To
20-1001

May a District Attorney provide criminal defense counsel the defendant's unredacted state summary criminal history information during the criminal discovery process?


Medeiros
20-303

Does a request for access to personal information under the California Consumer Privacy Act apply to internally-generated inferences or derived data?


Duncan Lee
20-301

Does a declaration of (1) a shelter crisis under Government Code section 8698 et seq., or (2) a public emergency under Government Code section 8625 et seq., constitute a state of emergency for purposes of the “Good Samaritan” Law in Health and Safety Code section 1799.102?


Binsacca
20-202

Does a county board of supervisors have jurisdiction to hear PACE assessment appeals, and, if so, what is the administrative procedure?


Medeiros
20-102

May an executive director or other employee of a charter school serve as a member of the county board of education in the county where their employing school is located?


Binsacca
20-101

1. May an elected county recorder, whose operations are solely funded by recording fees collected as directed by Government Code section 27361, subdivision (a), re-claim from the county those fees diverted to the county’s general fund and utilized for supporting other county departments?


2. In the alternative, may the county recorder recoup the diverted funds by means of an offset?


Daniels
19-1001

Does Government Code section 83105 prohibit a Fair Political Practices Commission member from making a campaign contribution to a federal candidate for (1) President; and/or (2) Congress?


Bidart
19-901

Under the "remote interest" exception set forth in Government Code section 1091(b)(17), may a member of the South Coast Air Quality Management District (District) apply for and obtain District grants for their import/export logistics business without violating Government Code section 1090's prohibition against public officials holding a personal financial interest in public contracts?


Medeiros
19-405

Does Government Code section 1090 permit a County Superintendent of Education, who is also a special education teacher employed by the County, to negotiate on behalf of the County in collective bargaining with his represented special education teachers’ employment unit?


Nolan
19-401

Does California law authorize a county to contract with the military to provide municipal-like services in support of a military installation within the county?


Bidart
19-301

Is a paid victim advocate for sexually exploited youth a mandated reporter under the Child Abuse and Neglect Reporting Act CANRA?


Eisenberg
18-1001

Is a county animal shelter permitted to refuse to relinquish an owner-surrendered dog to a nonprofit no-kill shelter?


Duncan Lee
18-902

When a subdivider owns one parcel and subdivides that parcel pursuant to a parcel map, then sells off the resulting new subdivided parcels, and subsequently acquires a contiguous parcel and seeks to divide that parcel pursuant to a parcel map, should the local agency count the previously subdivided contiguous parcels as part of the application?


Medeiros
18-603

1. Does a county superintendent of education’s “stay and rescind” authority permit the stay of sale or issuance of bonds by a school district with a qualified or negative certification? (Ed. Code sec. 42127.6)


2. May such a stay remain in place pending resolution of a related investigation by the District Attorney?


Binsacca
18-502

Do nuisance abatement liens expire after 10 years; if so, what is the procedure and effective date for renewal?


Bidart
18-201

Is it a Brown Act violation for joint powers authority members to consult with their respective appointing authority during its open meeting? Is it a due process violation for member agencies of the authority to instruct their respective appointees to the authority on how to decide a pending adjudicative matter?


Bidart
18-103

Does Penal Code section 919(b) require the civil grand jury to annually investigate local detention centers as "public prisons"?


Bidart
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
14-202

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


Medeiros

Opinions Issued in October 2020

No opinions were issued.