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.

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Opinion Requests Assigned in September 2017

Opinion No. Question Requested by Assigned To
17-901

Must Tulare Local Health Care District seat newly-elected board member?

Relator Tulare County District Attorney Tim Ward Nolan
09/18/2017
17-902

Was John Oskoui properly appointed to Central Basin Water District?

Relator City of Huntington Park Daniels
09/18/2017
17-903

May a member of a hospital district board of directors simultaneously serve as a member of the city council, or on the planning and development commission, for the city in which the hospital district is located?

Mono County Counsel Stacey Simon Medeiros
09/20/2017

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
14-202

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


Medeiros
14-301

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


Daniels
14-403

What is the scope of intergovernmental immunity (Gov. Code sections 53090-53091) where a city owns and leases real property in an unincorporated area of a county?


Nolan
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
15-1102

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


Binsacca
16-102

When calculating the "maximum allowable residential density" number under the Density Bonus Law, must fractional numbers be rounded up to the next whole number, or may they be rounded up or down consistent with the local jurisdiction's zoning ordinances and/or general plan? (On hold due to pending litigation.)


Eisenberg
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?


Eisenberg
16-301

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


Medeiros
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
16-702

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
17-101

May a city validly set health and welfare benefits for its city council members at a dollar amount equal to a set percentage of the benefits provided to the city's highest-income employee group, and, if not, what are the consequences of overpayment?


Bidart
17-103

Does the county procurement process pose a conflict of interest or violate anti-competition laws?


Daniels
17-108

Does the ban on state-funded travel set forth in Government Code section 11139.8 apply to University of California and California State University athletic team staffs?


Eisenberg
17-202

Does state law preempt the enforcement of a county ordinance that declares “intentionally killed and left standing trees” to be a public nuisance?


Bidart
17-301

1. Must a trustee of Deer Creek Storm Water District be a “freeholder of land within the district;” and were correct procedures followed in filling a vacancy on the District’s board of trustees?


Daniels
17-305

Quo warranto matter: Has Bell Gardens City Council member vacated her office due to excessive absences from council meetings?


Binsacca
17-601

Quo warranto matter: Did Dixon City Councilmember Devon Minnema satisfy the district residency requirement for the council seat he now holds?


Bidart
17-602

May a city condition its grant of a land developer’s application for a “density bonus” (see Gov. Code, section 65915) on the developer’s payment of a public benefit fee?


Binsacca
17-603

Quo warranto matter: Are Deanna Jackson and Matthew Hurley eligible to hold seats on the Atwell Island Water District Board of Directors?


Daniels
17-701

What are the proper uses of civil enforcement penalty funds collected under the Unfair Competition Law?


Medeiros
17-702

Is a development agreement, entered into by a successor agency pursuant to an approved long-range plan, subject to referendum under Article II Section 9 of the California Constitution?


Bidart
17-901

Must Tulare Local Health Care District seat newly-elected board member?


Nolan
17-902

Was John Oskoui properly appointed to Central Basin Water District?


Daniels
17-903

May a member of a hospital district board of directors simultaneously serve as a member of the city council, or on the planning and development commission, for the city in which the hospital district is located?


Medeiros

Conclusions of Opinions Issued in September 2017

Opinion No. Conclusion Published
14-101

1. The Administrative Procedure Act does not, in itself, authorize a party to a proceeding conducted by the Office of Administrative Hearings to be represented by a person who is not an active member of the California State Bar.

2. Neither title 20 United States Code section 1415(h)(1), nor its implementing regulations, nor California Education Code section 56505, subdivision (e)(1), authorizes a party to a special education “due process hearing” to be represented by a person who is not an active member of the California State Bar.

09/28/2017