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Legal Opinions - Yearly Index

Opinions published in 1995

Opinion Question Conclusion Published
95-812 1. May weekend hours be counted as part of the required 72-hour period for the posting of an agenda prior to the regular meeting of the legislative body of a local agency?

2. Would the posting of an agenda for a regular meeting of the legislative body of a local agency for 72 hours in a public building that is locked during the evening hours satisfy the statutory requirements for posting the agenda?
1. Weekend hours may be counted as part of the required 72-hour period for the posting of an agenda prior to the regular meeting of the legislative body of a local agency.

2. The posting of an agenda for a regular meeting of the legislative body of a local agency for 72 hours in a public building that is locked during the evening hours would not satisfy the statutory requirements for posting the agenda.

Official Citation: 78 Ops.Cal.Atty.Gen. 327
11/14/1995
95-811 May an individual hold simultaneously the positions of Monterey County Director of Health, Monterey County Health Officer, Monterey County Local Emergency Medical Services Agency Director, and Monterey County Local Emergency Medical Services Agency Medical Director? An individual may hold simultaneously the positions of Monterey County Director of Health, Monterey County Health Officer, Monterey County Local Emergency Medical Services Agency Director, and Monterey County Local Emergency Medical Services Agency Medical Director.

Official Citation: 78 Ops.Cal.Atty.Gen. 352
12/18/1995
95-616 May a law firm that lobbies a state agency on behalf of a client be retained by the agency to represent it in litigation? A law firm that lobbies a state agency on behalf of a client may be retained by the agency to represent it in litigation.

Official Citation: 78 Ops.Cal.Atty.Gen. 322
11/08/1995
95-605 Is a property owner who negligently sets a fire liable for the fire suppression costs incurred in fighting the fire if the fire remains confined to his or her own property? A property owner who negligently sets a fire is liable for the fire suppression costs incurred in fighting the fire if the fire remains confined to his or her own property.

Official Citation: 78 Ops.Cal.Atty.Gen. 310
11/02/1995
95-514 1. May a member, regular or alternate, of a Republican county central committee vote for officers or be an officer of the committee without having first taken and subscribed the oath or affirmation set forth in section 3 of article XX of the Constitution?

2. Does a letter from a member of a Republican county central committee which appoints another person as his or her alternate on the committee, without stating more, authorize the alternate to vote?
1. A member, regular or alternate, of a Republican county central committee may not vote for officers or be an officer of the committee without having first taken and subscribed the oath or affirmation set forth in section 3 of article XX of the Constitution.

2. A letter from a member of a Republican county central committee which appoints another person as his or her alternate on the committee, without stating more, does not authorize the alternate to vote.

Official Citation: 78 Ops.Cal.Atty.Gen. 285
08/25/1995
95-513 May a city or county impose a fee upon a tax exempt nonprofit organization measured as a percentage of the gross receipts derived from the operation of bingo games? A city or county may not impose a fee upon a tax exempt nonprofit organization measured as a percentage of the gross receipts derived from the operation of bingo games.

Official Citation: 78 Ops.Cal.Atty.Gen. 279
08/23/1995
95-502 Is the removal of soil, rocks, and debris from flood control channels and debris basins by a flood control district in order to maintain original construction contours a "surface mining operation" requiring a permit and the preparation of a reclamation plan? The removal of soil, rocks, and debris from flood control channels and debris basins by a flood control district in order to maintain original construction contours is not a "surface mining operation" requiring a permit and the preparation of a reclamation plan.

Official Citation: 78 Ops.Cal.Atty.Gen. 343
11/29/1995
95-411 1. May an individual simultaneously serve as a San Bernardino County Sheriff's Deputy Chief and Yucaipa City Councilman?

2. If so, may the city council enter into a contract with the sheriff to provide law enforcement services to the city?

3. If so, may the deputy chief who is a city councilman be assigned to perform law enforcement duties within the city?
1. An individual may simultaneously serve as a San Bernardino County Sheriff's Deputy Chief and Yucaipa City Councilman.

2. Where a sheriff's deputy chief is a city councilman, the city council may be able to enter into a contract with the sheriff to provide law enforcement services to the city.

3. The sheriff's deputy chief who is a city councilman may be assigned to perform law enforcement duties within the city.

Official Citation: 78 Ops.Cal.Atty.Gen. 362
12/29/1995
95-406 1. May a charter school receive state funding for the operation of an independent study program?

2. May the charter of a school granted prior to June 30, 1993, be revoked if the school violates the state funding statute governing the operation of its independent study program?

3. May a charter school which claims state funding for students in its independent study program provide to such students special educational aids and materials not provided to students in its regular classes or in the regular classes of the district which has approved its charter?
1. A charter school may, subject to the terms of Education Code section 51747.3, receive state funding for the operation of an independent study program.

2. The charter of a school granted prior to June 30, 1993, may be revoked if the school violates the state funding statute governing the operation of its independent study program.

3. A charter school which claims state funding for students in its independent study program may provide to such students special educational aids and materials not provided to students in its regular classes or in the regular classes of the district which has approved its charter.

Official Citation: 78 Ops.Cal.Atty.Gen. 253
08/02/1995
95-324 1. May a sufficient number of disqualified members be brought back to establish a quorum through a process of selection by lot?

2. If so, what form should the process of selection by lot take?

3. In addition to selection by lot, what other means of random selection or other impartial and equitable means of selection may be used?

4. Must all disqualified members participate in the selection process whether by lot, other means of random selection, or by other impartial and equitable means of selection?

5. When is a disqualified member's participation in the making of a decision legally required regarding the Board's statutory and constitutional duties?

6. What options, such as postponement, are available besides selecting a disqualified member to participate in the decision?
1. A sufficient number of disqualified members may be brought back to establish a quorum through a process of selection by lot.

2. The process of selection by lot may take any form that results in a random selection of an object representing a disqualified member, where each such member is represented by a different object.

3. In addition to selection by lot, other means of random selection include such activities as flipping coins, drawing cards, and throwing dice or having the members take turns based upon a predetermined order, and other impartial and equitable means of selection include making a qualitative evaluation of the particular interests involved.

4. All disqualified members must participate in the selection process whether by lot, other means of random selection, or by other impartial and equitable means of selection.

5. A disqualified member's participation is legally required when his presence is necessary to establish a quorum with respect to the matter regardless of whether the Board's duties in question are statutory or constitutional.

6. The members may postpone the decision regarding the matter depending upon the individual circumstances involved.

Official Citation: 78 Ops.Cal.Atty.Gen. 332
11/17/1995
95-323 May a member of a county board of supervisors simultaneously serve as a member of the Board of Governors of the California Community Colleges? A member of a county board of supervisors simultaneously may not serve as a member of the Board of Governors of the California Community Colleges.

Official Citation: 78 Ops.Cal.Atty.Gen. 316
11/08/1995
95-320 1. May an Assembly member use campaign funds raised for his state legislative office to campaign for election to the office of county supervisor?

2. May an Assembly member receive campaign funds from other candidates for use in campaigning for election to the office of county supervisor?

3. May Assembly member who is precluded from serving additional terms in the Assembly donate his campaign funds to a public interest or educational nonprofit organization that the member establishes or controls?
1. An Assembly member may use campaign funds, but not surplus campaign funds under current administrative enforcement practice, raised for his state legislative office to campaign for election to the office of county supervisor.

2. An Assembly member may receive campaign funds from other candidates for use in campaigning for election to the office of county supervisor unless prohibited from doing so by county ordinance.

3. An Assembly member who is precluded from serving additional terms in the Assembly may donate his campaign funds to a public interest or educational nonprofit organization that the member establishes or controls if no substantial part of the proceeds will have a material effect on the member, his family, or his campaign treasurer, among other qualifications.

Official Citation: 78 Ops.Cal.Atty.Gen. 266
08/09/1995
95-311 May the legislative body of a local agency prohibit members of the public, who speak during the time permitted on the agendas for public expression, from commenting on matters that are not within the subject matter jurisdiction of the legislative body? The legislative body of a local agency may prohibit members of the public, who speak during the time permitted on the agendas for public expression, from commenting on matters that are not within the subject matter jurisdiction of the legislative body.

Official Citation: 78 Ops.Cal.Atty.Gen. 224
07/25/1995
95-310 1. For purposes of submitting a petition for the establishment of a charter school, may a petitioner collect signatures from teachers at an already existing charter school?

2. Where an elementary school district and high school district are separately operated, may a petitioner for the establishment of a charter high school collect signatures from teachers employed by the elementary school district?
1. For purposes of submitting a petition for the establishment of a charter school, a petitioner may not collect signatures from teachers at an already existing charter school.

2. Where an elementary school district and high school district are separately operated, a petitioner for the establishment of a charter high school may not collect signatures from teachers employed by the elementary school district.

Official Citation: 78 Ops.Cal.Atty.Gen. 297
09/13/1995
95-305 In order to acquire land for a county-wide recreational trail system, may a county agree to indemnify private landowners from liability for injuries sustained by persons using the trails adjoining or traversing the landowners' properties? In order to acquire land for a county-wide recreational trail system, a county may agree to indemnify private landowners from liability for injuries sustained by persons using the trails adjoining or traversing the landowners' properties.

Official Citation: 78 Ops.Cal.Atty.Gen. 238
07/27/1995
95-302 1. May a county rent space to a private, non-profit organization for the operation of a contemporary art museum in a building maintained by the county for use of a veterans' association, where the veterans' association has not violated the terms or conditions of the county's dedication for such use, has not consented to the revocation of the dedication for such use, and has not abandoned its use of the building?

2. May a charter county revoke its dedication of a building or use of a veterans' association without substituting alternative facilities, where the veterans' association has not violated the terms or conditions of the county's dedication for such use, has not consented to the revocation of the dedication for such use, and has not abandoned its use of the building?
1. A county rent space to a private, non-profit organization for the operation of a contemporary art museum in a building maintained by the county for use of a veterans' association, where the veterans' association has not violated the terms or conditions of the county's dedication for such use, has not consented to the revocation of the dedication for such use, and has not abandoned its use of the building, provided that the use of the building as a museum is incidental to, consistent with, and does not unduly interfere with the reasonable use of the building by the veterans' association.

2. A charter county may not revoke its dedication of a building or use of a veterans' association without substituting alternative facilities, where the veterans' association has not violated the terms or conditions of the county's dedication for such use, has not consented to the revocation of the dedication for such use, and has not abandoned its use of the building.

Official Citation: 78 Ops.Cal.Atty.Gen. 355
12/20/1995
95-301 Is Government Code section 69502, which requires that superior court judges reside within the county of the court for which they are elected or appointed, unenforceable? Government Code section 69502, which requires that superior court judges reside within the county of the court for which they are elected or appointed, is unenforceable.

Official Citation: 78 Ops.Cal.Atty.Gen. 204
07/05/1995
95-210 The Engineers and Architects Association has requested leave to sue in quo warranto to remove William McCarley from his position as general manager of the Department of Water and Power of the City of Los Angeles. Leave to sue in quo warranto to remove William McCarley from his position as general manager of the Department of Water and Power of the City of Los Angeles is denied.

Official Citation: 78 Ops.Cal.Atty.Gen. 82
05/02/1995
95-207 When the members of a school district governing board discuss whether to employ a probationary certificated employee for a third consecutive school year, may the employee require that the discussion beheld in public? When the members of a school district governing board discuss whether to employ a probationary certificated employee for a third consecutive school year, may the employee may not require that the discussion beheld in public.

Official Citation: 78 Ops.Cal.Atty.Gen. 218
07/25/1995
95-203 Does reasonable cause exist to believe that Richard Patterson, a member of the City Council of the City of Modesto, will not be able to perform the duties of his office for the remainder of his term because of physical or mental incapacity? Reasonable cause exists to believe that Richard Patterson will be unable to perform the duties of his office for the remainder of his term as a member of the City Council of the City of Modesto because of physical or mental incapacity. Accordingly, leave to sue in quo warranto is GRANTED.

Official Citation: 78 Ops.Cal.Atty.Gen. 134
05/12/1995
95-113 May a grand jury investigate and report upon the manner in which a school district performs its duties and functions? A grand jury may investigate and report upon the manner in which a school district performs its duties and functions.

Official Citation: 78 Ops.Cal.Atty.Gen. 290
09/13/1995
95-110 May a city council enter into a development agreement with a land developer if one of the council members is married to an attorney whose law firm represents the developer concerning matters unrelated to the proposed development? A city council may enter into a development agreement with a land developer if one of the council members is married to an attorney whose law firm represents the developer concerning matters unrelated to the proposed development, as long as the council member discloses the interest to the council, such interest is noted in the council's official records, and the member does not participate in negotiating or voting upon the agreement.

Official Citation: 78 Ops.Cal.Atty.Gen. 230
07/27/1995
95-109 May a public cemetery district use the income from its endowment care fund to maintain the roads located within the boundaries of the cemetery? A public cemetery district may use the income from its endowment care fund to maintain the roads located within the boundaries of the cemetery.

Official Citation: 78 Ops.Cal.Atty.Gen. 189
06/15/1995
95-108 1. Must all extended warranties executed by a structural pest control operator include the performance of periodic inspections?

2. Do the statutory requirements for executing a control service agreement by a structural pest control operator apply to agreements executed prior to the statute's effective date of January 1, 1994?
1. All extended warranties executed by a structural pest control operator must include the performance of periodic inspections.

2. The statutory requirements for executing a control service agreement by a structural pest control operator do not apply to agreements executed prior to the statute's effective date of January 1, 1994.

Official Citation: 78 Ops.Cal.Atty.Gen. 303
11/02/1995
95-107 May a portion of land dedicated for park and recreational uses pursuant to a final subdivision map and developed for park uses be leased by a city to a school district for purposes of constructing a school, library, media center gymnasium, swimming pool, day care center, and other community recreational facilities to be jointly operated by the city and the district? A portion of land dedicated for park and recreational uses pursuant to a final subdivision map and developed for park uses may not be leased by a city to a school district for purposes of constructing a school, but may be leased for other uses which are consistent with park and recreational purposes.

Official Citation: 78 Ops.Cal.Atty.Gen. 181
06/08/1995
95-104 Is a non-incumbent candidate for the office of justice court judge elected at the June 1994 primary election for the term commencing on January 3, 1995, entitled to the office of municipal court judge commencing on January 3, 1995? A non-incumbent candidate for the office of justice court judge elected at the June 1994 primary election for the term commencing on January 3, 1995, is entitled to the office of municipal court judge commencing on January 3, 1995.

Official Citation: 78 Ops.Cal.Atty.Gen. 151
05/16/1995
95-102 May a charter city adopt an ordinance making it a crime to place graffiti upon real or personal property located within the city? A charter city ordinance making it a crime to place graffiti upon real or personal property located within the city would be void due to its duplication of state criminal statutes.

Official Citation: 78 Ops.Cal.Atty.Gen. 143
05/16/1995
95-101 May a retail installment contract that is subject to the Unruh Act include a document preparation charge or, in transactions where the Unruh Act allows the taking of real property security, a charge for title insurance? A retail installment contract that is subject to the Unruh Act may not include a document preparation charge or, in transactions where the Unruh Act allows the taking of real property security, a charge for title insurance.

Official Citation: 78 Ops.Cal.Atty.Gen. 101
05/09/1995
94-1208 1. May law enforcement officers be compensated under the victims of crime program for injuries sustained while performing official duties?

2. If law enforcement officers may be compensated under the victims of crime program, are their claims to be treated differently from the claims of other victims?
1. Law enforcement officers may be compensated under the victims of crime program for injuries sustained while performing official duties.

2. Under the victims of crime program, the claims of law enforcement officers are not to be treated differently from the claims of other victims.

Official Citation: 78 Ops.Cal.Atty.Gen. 164
04/30/1995
94-1204 To what extent, if any, may a city or county impose a business license tax upon a nonprofit organization? A city or county impose a business license tax upon a nonprofit organization so long as the tax is not measured by the organization's income or gross receipts.

Official Citation: 78 Ops.Cal.Atty.Gen. 274
08/23/1995
94-1202 1. Is a peace officer who has retired after January 1, 1989, because of a psychological disability entitled to a hearing with respect to his employing agency's denial of his right to carry a concealed and loaded firearm?

2. Is a retired peace officer who has received a hearing denying or revoking his authorization to carry a concealed and loaded firearm entitled thereafter to another hearing?
1. A peace officer who has retired after January 1, 1989, because of a psychological disability is not entitled to a hearing with respect to his employing agency's denial of his right to carry a concealed and loaded firearm.

2. A retired peace officer who has received a hearing denying or revoking his authorization to carry a concealed and loaded firearm is not entitled thereafter to another hearing.

Official Citation: 78 Ops.Cal.Atty.Gen. 128
05/11/1995
94-1111 May the governing board of a school district discipline a school principal for taking time off to perform emergency duty as a volunteer firefighter? The governing board of a school district may not discipline a school principal for taking time off to perform emergency duty as a volunteer firefighter, but may require the principal to follow reasonable procedures to ensure that the needs of the school are adequately met during any absence.

Official Citation: 78 Ops.Cal.Atty.Gen. 116
05/10/1995
94-1109 Does the seismic strengthening of an unreinforced masonry building required by local ordinance constitute a "building alteration, structural repair or addition" for purposes of providing access to the building for disabled persons? The seismic strengthening of an unreinforced masonry building required by local ordinance constitutes a "building alteration, structural repair or addition" for purposes of providing access to the building for disabled persons.

Official Citation: 78 Ops.Cal.Atty.Gen. 110
05/10/1995
94-1106 Are investigators of the Board of Prison Terms required to have a license to carry a concealed firearm while off duty? Investigators of the Board of Prison Terms are not required to have a license to carry a concealed firearm while off duty.

Official Citation: 78 Ops.Cal.Atty.Gen. 209
07/07/1995
94-1104 1. Would the institution of a needle exchange program for drug users by a county to prevent the spread of the HIV virus violate state law?

2. Would a declaration of a public health emergency by a county allow it to institute a needle exchange program for drug use?

3. Would the use of the "defense of necessity" by a county allow it to institute a needle exchange program for drug users?
1. The institution of a needle exchange program for drug users by a county to prevent the spread of the HIV virus would violate state law.

2. A declaration of a public health emergency by a county would not allow it to institute a needle exchange program for drug use.

3. The use of the "defense of necessity" by a county would not allow it to institute a needle exchange program for drug users.

Official Citation: 78 Ops.Cal.Atty.Gen. 171
06/07/1995
94-1103 May the Metropolitan Water District of Southern California impose a service availability charge upon each of its member agencies, and, at the request of a member agency, collect a portion of the service availability charge from each parcel owner within the member agency's service area, which would be received as a credit against the member agency's service availability obligation? The Metropolitan Water District of Southern California may impose a service availability charge upon each of its member agencies, and, at the request of a member agency, collect a portion of the service availability charge from each parcel owner within the member agency's service area, which would be received as a credit against the member agency's service availability obligation.

Official Citation: 78 Ops.Cal.Atty.Gen. 87
05/05/1995
94-1011 May a nurse-midwife perform an episiotomy pursuant to a standardized procedure? A nurse-midwife may not perform an episiotomy pursuant to a standardized procedure.

Official Citation: 78 Ops.Cal.Atty.Gen. 247
07/31/1995
94-1007 May a clinical psychologist holding membership on the medical staff of a health facility designated as an intermediate care facility for the developmentally disabled, an intermediate care facility for the developmentally disabled - habilitative, or a psychiatric health facility, order temporary restraint and seclusion to protect the patient from injury to self or others? A clinical psychologist holding membership on the medical staff of a health facility may, subject to the rules of the facility, and in order to protect the patient from injury to self or others, order temporary restraint but not seclusion in the case of an intermediate care facility for the developmentally disabled or intermediate care facility for the developmentally disabled - habilitative, and both restraint and seclusion in the case of a psychiatric health facility.

Official Citation: 78 Ops.Cal.Atty.Gen. 121
05/11/1995
94-1003 Is a city council member who signed a petition opposing a land use project disqualified from participating in the council proceeding during which the application for a conditional use permit for the project is considered? A city council member who signed a petition opposing a land use project is not disqualified from participating in the council proceeding during which the application for a conditional use permit for the project is considered.

Official Citation: 78 Ops.Cal.Atty.Gen. 77
03/16/1995
94-1002 May the Legislature enact a statute authorizing the courtroom paddling of a minor who is adjudged a ward of the juvenile court for placing graffiti upon real or personal property? The Legislature may enact a statute authorizing the courtroom paddling of a minor who is adjudged a ward of the juvenile court for placing graffiti upon real or personal property.

Official Citation: 78 Ops.Cal.Atty.Gen. 197
07/03/1995
94-909 May a licensed real estate broker acting in the capacity of a mortgage loan broker pay a commission to an unlicensed person for providing the name, telephone number, and address of a prospective borrower, when that information leads to concluding a loan transaction? A licensed real estate broker acting in the capacity of a mortgage loan broker may pay a commission to an unlicensed person for providing the name, telephone number, and address of a prospective borrower, when that information leads to concluding a loan transaction, provided that the unlicensed person has not obtained the information in the course of soliciting borrowers or lenders on behalf of another or others.

Official Citation: 78 Ops.Cal.Atty.Gen. 71
03/16/1995
94-907 May members of the Burbank City Council simultaneously serve as members of the Burbank-Glendale-Pasadena Airport Authority Commission? Members of the Burbank City Council may simultaneously serve as members of the Burbank-Glendale-Pasadena Airport Authority Commission.

Official Citation: 78 Ops.Cal.Atty.Gen. 60
03/07/1995
94-906 May a county temporarily close to through traffic a highway under its jurisdiction where (1) after a public hearing the county determines, based on the joint recommendation of the sheriff's department and the Department of California Highway Patrol, that there is serious and continual criminal activity in the portion of the highway to be closed, (2) the highway has not been designated as a through highway or arterial street, (3) vehicular or pedestrian traffic on the highway contributes to the criminal activity, and (4) the closure would not substantially affect adversely the operation of emergency vehicles, the performance of municipal of public utility services, or the delivery of freight by commercial vehicles in the area to be closed? A county may temporarily close to through traffic a highway under its jurisdiction where (1) after a public hearing the county determines, based on the joint recommendation of the sheriff's department and the Department of California Highway Patrol, that there is serious and continual criminal activity in the portion of the highway to be closed, (2) the highway has not been designated as a through highway or arterial street, (3) vehicular or pedestrian traffic on the highway contributes to the criminal activity, and (4) the closure would not substantially affect adversely the operation of emergency vehicles, the performance of municipal of public utility services, or the delivery of freight by commercial vehicles in the area to be closed.

Official Citation: 78 Ops.Cal.Atty.Gen. 65
03/16/1995
94-905 1. Is Amtrak exempt from the requirements of the Contractors License Law when it performs track maintenance work in operating the commuter trains for the North San Diego County Transit Development Board pursuant to contract?

2. Is Pacific Bell exempt from the requirements of the Contractors License Law when it installs and maintains telephone wires in and on the property of private and public entities where it does not have a proprietary (ownership, lease, or easement) right?
1. Amtrak is exempt from the requirements of the Contractors License Law when it performs track maintenance work in operating the commuter trains for the North San Diego County Transit Development Board pursuant to contract.

2. Pacific Bell is exempt from the requirements of the Contractors License Law when it installs and maintains telephone wires in and on the property of private and public entities where it does not have a proprietary (ownership, lease, or easement) right.

Official Citation: 78 Ops.Cal.Atty.Gen. 261
08/09/1995
94-903 Are the names, addresses, and telephone numbers of persons who have filed noise complaints concerning the operation of a city airport subject to public disclosure? The names, addresses, and telephone numbers of persons who have filed noise complaints concerning the operation of a city airport are subject to public disclosure unless the city can establish in the particular circumstances that the public interest served by not making the information public clearly outweighs the public interest served by disclosure.

Official Citation: 78 Ops.Cal.Atty.Gen. 103
05/10/1995
94-902 1. Is a California water district generally required to comply with the building and zoning ordinances of the county or city in which it is located?

2. Is a California water district exempt from any building or zoning ordinances of the county or city in which it is located?

3. Is a California water district exempt from enforcement actions undertaken by a county with respect to the California Safe Drinking Water Act?
1. A California water district is generally required to comply with the building and zoning ordinances of the county or city in which it is located.

2. A California water district is exempt from compliance with those building or zoning ordinances of the county or city in which it is located which regulate the location or construction of facilities directly and immediately used for the production, generation, storage, or transmission of water, and is conditionally exempt from county or city zoning ordinances with respect facilities related and integral to the proper operation of particular water storage or transmission functions of the district.

3. A California water district is not exempt from enforcement actions undertaken by a county with respect to the California Safe Drinking Water Act.

Official Citation: 78 Ops.Cal.Atty.Gen. 31
01/27/1995
94-821 With respect to submitting substantive amendments to a proposed state initiative measure, are the proponents limited to one 15-day period following receipt of the draft petition by the Attorney General? With respect to submitting substantive amendments to a proposed state initiative measure, the proponents are limited to one 15-day period following receipt of the draft petition by the Attorney General.

Official Citation: 78 Ops.Cal.Atty.Gen. 43
02/02/1995
94-819 May a state or local agency contract with a private firm for construction project management services if all or part of such services are to be performed other than under the direction and control of a licensed architect registered engineer, or licensed general contractor? A state or local agency may not contract with a private firm for construction project management services if all or part of such services are to be performed other than under the direction and control of a licensed architect registered engineer, or licensed general contractor.

Official Citation: 78 Ops.Cal.Atty.Gen. 48
02/09/1995
94-817 1. Are federal tax liens and releases subject to the new size and format standards?

2. May county recorders charge the federal government an additional fee for recording federal tax liens and releases that do not meet the new size and format standards of California's recording laws?

3. Are California Uniform Commercial Code forms prescribed by the Secretary of State subject to the new format standards of California's recording laws?
1. Federal tax liens and releases are not subject to the new size and format standards.

2. County recorders may charge the federal government an additional fee for recording federal tax liens and releases that do not meet the new size and format standards of California's recording laws.

3. California Uniform Commercial Code forms prescribed by the Secretary of State are not subject to the new format standards of California's recording laws; however, a cover sheet must be recorded for any document not meeting the new standards.

Official Citation: 78 Ops.Cal.Atty.Gen. 8
01/13/1995
94-816 May an individual who has served for 10 years as an investigator in a district attorney's office and thereafter as a deputy district attorney until retirement is issued an identification certificate by the district attorney authorizing him to carry a concealed and loaded firearm? An individual who has served for 10 years as an investigator in a district attorney's office and thereafter as a deputy district attorney until retirement may not be issued an identification certificate by the district attorney authorizing him to carry a concealed and loaded firearm.

Official Citation: 78 Ops.Cal.Atty.Gen. 192
06/19/1995
94-812 May a school district purposefully exclude military service representatives from access to pupil directory information? A school district may purposefully exclude military service representatives from access to pupil directory information.

Official Citation: 78 Ops.Cal.Atty.Gen. 18
01/19/1995
94-809 1. When a local agency requires the filing of a tentative map in addition to a parcel map with respect to the subdivision of property, may the agency impose, as a condition of tentative map approval, the installation of irrigation facilities prior to approval of the parcel map?

2. When a local agency requires the filing of a tentative map in addition to a parcel map with respect to the subdivision of property, may the agency impose, as a condition of map approval, that an agreement be reached between the subdivider an an irrigation district regarding the timing of the installation of irrigation facilities?
1. When a local agency requires the filing of a tentative map in addition to a parcel map with respect to the subdivision of property, the agency may not impose, as a condition of tentative map approval, the installation of irrigation facilities prior to approval of the parcel map.

2. When a local agency requires the filing of a tentative map in addition to a parcel map with respect to the subdivision of property, the agency may not impose, as a condition of map approval, that an agreement be reached between the subdivider an an irrigation district regarding the timing of the installation of irrigation facilities.

Official Citation: 78 Ops.Cal.Atty.Gen. 158
05/18/1995
94-807 1. For purposes of administering local sales and use tax ordinances, is the passenger vehicle rental tax adopted by the City of Ontario a use tax or a substantially different type of tax?

2. If the passenger vehicle rental tax adopted by the City of Ontario is a use tax, is the State Board of Equalization required to give written notice terminating its contract to administer the city's local sales and use tax ordinances?
1. For purposes of administering local sales and use tax ordinances, the passenger vehicle rental tax adopted by the City of Ontario is a use tax.

2. Since the passenger vehicle rental tax adopted by the City of Ontario is a use tax, the State Board of Equalization is required to give written notice terminating its contract to administer the city's local sales and use tax ordinances.

Official Citation: 78 Ops.Cal.Atty.Gen. 26
01/27/1995
94-806 1. May a county social services department refuse to grant general assistance benefits to applicants who have outstanding arrest warrants?

2. May a county social services department furnish to the district attorney or other law enforcement personnel a list of general relief applicants for the purpose of determining if any applicant is the subject of an outstanding arrest warrant?
1. A county social services department may not refuse to grant general assistance benefits to applicants who have outstanding arrest warrants.

2. A county social services department may not furnish to the district attorney or other law enforcement personnel a list of general relief applicants for the purpose of determining if any applicant is the subject of an outstanding arrest warrant.

Official Citation: 78 Ops.Cal.Atty.Gen. 1
01/13/1995
94-708 As a condition of issuing a building permit for construction of a single-family residence or other building, may a city or county require by ordinance the installation of an emergency water supply, such as a 5,000 gallon water reservoir; may a city or county require by ordinance the installation of a paved driveway from the property line to the residence for emergency vehicle access? 1. As a condition of issuing a building permit for construction of a single-family residence or other building, may a city or county require by ordinance the installation of an emergency water supply, such as a 5,000 gallon water reservoir. Specific findings may be necessary for adoption of the ordinance depending upon the particular facts and circumstances.

2. As a condition of issuing a building permit for construction of a single-family residence or other building, may a city or county require by ordinance the installation of a paved driveway from the property line to the residence for emergency vehicle access. Specific findings may be necessary for adoption of the ordinance depending upon the particular facts and circumstances.

Official Citation: 78 Ops.Cal.Atty.Gen. 53
03/07/1995
94-605 Does state law prohibit indirect harm to a state-listed endangered or threatened species by way of habitat modification? State law does not prohibit indirect harm to a state-listed endangered or threatened species by way of habitat modification.

Official Citation: 78 Ops.Cal.Atty.Gen. 137
05/15/1995
94-407 Would a city ordinance which establishes a misdemeanor offense for loitering for the purpose of engaging in prostitution or for the purpose of engaging in a drug-related offense be preempted by state law? A city ordinance which establishes a misdemeanor offense for loitering for the purpose of engaging in prostitution would be preempted by state law; a city ordinance which establishes a misdemeanor offense for loitering for the purpose of engaging in a drug-related offense would not be preempted by state law.

Official Citation: 78 Ops.Cal.Atty.Gen. 22
01/27/1995
94-406 1. How are the proceeds from the sale by a county of assets forfeited under the California Control of Profits of Organized Crime Act to be distributed?

2. How are the proceeds from the sale by a county of assets forfeited under the California Uniform Controlled Substances Act to be distributed?

3. Are the proceeds distributed to the sheriff from the sale by a county of assets forfeited under the California Uniform Controlled Substances Act to be tendered outside the normal budgetary process undertaken by the board of supervisors?
1. Except as the court declaring the forfeiture orders a distribution to a bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage or security interest, and except as otherwise provided in connection with violations of statutes pertaining to child pornography, the proceeds from the sale by a county of assets forfeited under the California Control of Profits or Organized Crime Act are to be distributed to the county for its expenditures made or incurred in connection with the repair, storage, transportation, and sale of the property and the remainder to the general fund of the county.

2. Except as the court declaring the forfeiture orders a distribution to a bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, the proceeds from the sale by a county of assets forfeited under the California Uniform Controlled Substances Act are to be distributed to the county for its expenditures made or incurred in connection with the repair, storage, transportation, and sale of the property, and the remainder as follows: 65 percent to the sheriff's office and other participating law enforcement agencies according to the proportionate contribution of each, 10 percent to the district attorney's office, 24 percent to the general fund in the State Treasury, and 1 percent to eligible nonprofit organizations.

3. The proceeds distributed to the sheriff from the sale by a county of assets forfeited under the California Uniform Controlled Substances Act are not to be tendered outside the normal budgetary process undertaken by the board of supervisor. However, the distribution of the proceeds by the board of supervisors shall not supplement any state or local funds that would not otherwise be made available to support the law enforcement efforts of the sheriff.

Official Citation: 78 Ops.Cal.Atty.Gen. 92
05/08/1995

How to Request an Attorney General’s Opinion

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, see our FAQs.

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

  • Susan Duncan Lee
  • Supervising Deputy 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


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