Legal Opinions
Monthly Opinion Report
Yearly Index
This yearly index lists by opinion number all opinions published in the particular year.
Opinions Withdrawn:
The following opinion requests reached recent final disposition in August 2008
- 07-315 Canceled August 25, 2008
Views Solicited On Assigned Opinion Requests
The Attorney General welcomes and solicits the views of interested persons concerning the legal issues raised in any question submitted for an opinion. Comments must be provided in writing.
The earlier views are submitted, the more opportunity we will have to consider them in the opinion drafting and review process. All views submitted will be considered 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:
Deputy Attorney General
Taylor S. Carey
Taylor.Carey@doj.ca.gov
P. O. Box 944255
Sacramento, CA 94244-2550
Deputy Attorney General
Diane E. Eisenberg
Diane.Eisenberg@doj.ca.gov
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Supervising Deputy Attorney General
Susan Duncan Lee
Susan.Lee@doj.ca.gov
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102
Deputy Attorney General
Marc J. Nolan
Marc.Nolan@doj.ca.gov
300 S. Spring Street
Los Angeles, CA 90013
Deputy Attorney General
Daniel G. Stone
Dan.Stone@doj.ca.gov
P. O. Box 944255
Sacramento, CA 94244-2550
The monthly opinion report makes available newly published opinions and lists the questions submitted in opinion requests assigned to deputy attorneys general in the current month. The monthly opinion report also lists previous opinion requests that are pending or terminated.
Use the links provided below to view the opinions published in the current month. Otherwise, you can look up key words using Search Opinions.
To view PDF files, use free Adobe Reader.
Conclusions of Opinions Published in August 2008
- 06-408
[PDF 78 kb / 8 pg]
Published August 25, 2008
1. A school district and its employees may promote or give preferred status to a particular provider of 403(b) plans if the arrangement will aid the district in the administration of its benefit programs, does not unreasonably discriminate against any provider, and does not interfere with the rights of employees to purchase investment products from qualified providers of their own choice.
2. A school district and its employees may not receive compensation for the promotion or sale of a particular 403(b) plan to public school employees. However, a third-party administrator that is under contract to perform 403(b) plan administrative services for a school district and its employees may receive such compensation, so long as the third-party administrator’s relationship with a plan vendor or provider, and the nature of the compensation received, are fully disclosed to the school district and to the employees participating in the 403(b) plan.
Opinion Requests Assigned In August 2008
The Attorney General welcomes the views of interested persons concerning the legal issues raised in questions submitted below. See Views Solicited on Assigned Opinion Requests for details.
- 08-801
Requested By: Commission on the Status of Women
Assigned To: Deputy Attorney General Marc J. Nolan
Question(s):
1) Are military veterans residing in California entitled to state-funded veterans’ benefits, including state-funded veterans’ housing, regardless of sexual orientation or gender?
2) Are registered domestic partners of military veterans residing in California entitled to all state-funded military benefits available to spouses of military veterans, including state-funded veterans’ housing? - 08-803
Requested By: Assemblywoman Fiona Ma
Assigned To: Deputy Attorney General Taylor S. Carey
Question(s):
May an entity or individual not licensed to practice medicine in California select radiology equipment for examination sites, or secure, schedule, pay, or bill for radiology physicians performing radiology services for Workers’ Compensation benefits and be paid for such services? (83 Ops.Cal.Atty.Gen.170 (2000); Labor Code §§ 4616-4616.7 (Medical Provider Networks).) - 08-804
Requested By: Assemblymember Noreen Evans
Assigned To: Deputy Attorney General Diane E. Eisenberg
Question(s):
Will the "single document" requirements of Civil Code Sections 2981.9 and 2985.8 regarding conditional sale contracts and motor vehicle lease contracts support multi-page documents if the pages are attached to each other and properly integrated by a appropriate means such as inclusive sequential page numbering (e.g. 1 of 4, 2 of 4...)? - 08-806
Requested By: California Community Colleges
Assigned To: Deputy Attorney General Taylor S. Carey
Question(s):
1) Is the Los Angeles Community College District Joint Labor Management Benefits Committee (JLMBC) required to comply with the Ralph M. Brown Act (Brown Act; Govt. Code § 54950 et seq.)?
2) If the JLMBC is required to comply with the Brown Act, is the conduct of a “caucus” of the employee members permissible?
Assigned Opinion Requests Pending In August 2008
- 06-1102
Is a school district issuer of general obligation bonds permitted to issue refunding bonds at a price or interest rate that will generate proceeds in excess of the amount needed to refund outstanding bonds? (Stone) - 06-1107
Is a special district required to contribute to the Educational Revenue Augmentation Fund even though it will suffer economic hardship? (Stone) - 07-303
May a state military reserve firefighter be considered a “permanent career firefighter” for purposes of an apprenticeship program (Gov. Code, § 53270)? (Stone) - 07-304
May the Department of Transportation include Native-American hiring preferences imposed by Tribal Employment Rights Ordinances as part of its contracts? (Stone) - 07-312
Is Caltrans required to pay hazardous waste regulatory program fees adopted by a county? (Carey) - 07-402
Does Insurance Code section 770.3 apply to a school district’s offer of a single custodial mutual fund account operated by CalSTRS in its section 403(b) retirement plan? (Carey) - 07-403
Does the “lawfully erected” presumption of Business and Professions Code section 5216.1 apply to signs regulated by a city or county under a local ordinance? (Eisenberg) - 07-404
May the Prison Industry Board create its own, separate civil service system for employees working in enterprises under the jurisdiction of the Prison Industry Authority? (Stone) - 07-503
May a city impose an administrative fine (Gov. Code, § 53069.4) for a violation of a city ordinance making it unlawful to sell fireworks? (Eisenberg) - 07-506
May a city and county agree that the county will adopt the city’s development standards in the city’s sphere of influence in exchange for the city’s support of a county-wide species habitat conservation plan? (Nolan) - 07-703
May a school district contract with a non-profit organization to provide student dropout prevention programs? (Eisenberg) - 07-704
May a county board of supervisors adopt an ordinance that requires the county surveyor, and not a deputy county surveyor, to conduct public hearings and take action on tentative parcel maps submitted for approval? (Stone) - 07-801
May Caltrans sell its property at less than fair market value? (Nolan) - 07-803
May Indian tribal police vehicles display emergency lights while on public highways? (Stone) - 07-804
May a private property owner issue parking citations and impose monetary sanctions for parking violations? (Eisenberg) - 07-807
May a city redevelopment agency enter into a loan agreement for commercial property improvement where the recipient of the proposed loan is a corporation solely owned by the adult son of an agency board member, and where the son resides in the same household as the board member? (Nolan) - 07-808
May a school district board contract with the spouse of a board member for a different teaching position but with the same salary? (Carey) - 07-809
What jurisdictions allow legal unions that are substantially equivalent to a California domestic partnership? (Lee) - 07-905
May a county lease a portion of a county park to a school district for use during non-school hours? (Carey) - 07-907
May the Attorney General require local law enforcement agencies to submit a report of every anti-reproductive-rights crime reported to them? (Nolan) - 07-1001
May a badge resembling a peace officer’s badge be provided to and displayed by an employee of a charter city who is not a peace officer but who has limited peace officer authority under the terms of Penal Code section 836.5, subdivision (d)? (Nolan) - 07-1002
When may the California High-Speed Rail Authority begin contracting to build a high-speed rail network? (Carey) - 07-1003
Does the El Dorado County Grand Jury have the authority to investigate and report on the operations of the Tahoe Regional Planning Agency? (Stone) - 07-1004
May a local agency provide a cash payment to a board member in lieu of paying the member’s healthcare insurance premiums if the member uses the payment solely for healthcare? (Nolan) - 07-1202
May a redevelopment agency discuss proposed terms of a lease agreement in closed session? (Nolan) - 07-1203
May a county fair board also serve as the board of a charitable foundation that is formed to support the county fair? (Carey) - 07-1204
May a district agricultural association develop a hotel/condominium/timeshare project on state land? (Stone) - 08-102
For purposes of Vehicle Code section 35782(b), what is the definition of “unusually large or heavy load”? (Nolan) - 08-106
May an individual stand for election for both director of the Rossmoor Community Services District and council member for the new City of Rossmoor and hold both offices simultaneously? (Carey) - 08-201
May Willard H. Murray, Jr. serve simultaneously on the board of directors of the Water Replenishment District of Southern California and the board of directors of the Metropolitan Water District of Southern California? (Nolan) - 08-303
May the mayor and members of a city council be allowed to choose their own insurer or health care provider, and have the city make direct payments to that insurer or provider, up to the amount the city currently pays to provide coverage under a health and welfare trust for elected officials and other employees? (Nolan) - 08-307
May a County Air Pollution Control District provide grant funding under the Carl Moyer Memorial Air Quality Standards Attainment Program to an otherwise eligible applicant who is a member of the Board of Directors of the District? (Carey) - 08-309
Is an international cargo transportation and logistics company a “transportation company” within the meaning of Article XII, section 7, of the California Constitution? (Stone) - 08-403
Does Education Code section 5019(b) authorize a County Committee to abolish a common governing board for a high school district and elementary district where such a governing board is provided for by a city charter? (Carey) - 08-405
May a city provide a vehicle allowance to its city council members, in lieu of reimbursing actual vehicle expenses after they are incurred (Govt. Code, §§ 1223, 53232.2.)? (Eisenberg) - 08-505
Under what circumstances may an animal control officer be permitted to possess and administer controlled substances to capture or treat animals in the field without contemporaneous consultation by a licensed veterinarian? (Carey) - 08-506
May a general law city contract with a private company for the enforcement of municipal code parking violations? (Eisenberg) - 08-509
Is a school counselor required to disclosed a student’s pregnancy to the student’s parents if the counselor believes that disclosure is necessary to prevent harm to the student? (Nolan) - 08-602
May a fire protection district, or other special district, invest its surplus funds outside of the county treasury without approval of the county treasurer, when the county treasurer serves ex officio as the district’s treasurer? (Govt. Code § 53635.8.) (Stone) - 08-801
1) Are military veterans residing in California entitled to state-funded veterans’ benefits, including state-funded veterans’ housing, regardless of sexual orientation or gender?
2) Are registered domestic partners of military veterans residing in California entitled to all state-funded military benefits available to spouses of military veterans, including state-funded veterans’ housing? (Nolan) - 08-803
May an entity or individual not licensed to practice medicine in California select radiology equipment for examination sites, or secure, schedule, pay, or bill for radiology physicians performing radiology services for Workers’ Compensation benefits and be paid for such services? (83 Ops.Cal.Atty.Gen.170 (2000); Labor Code §§ 4616-4616.7 (Medical Provider Networks).) (Carey) - 08-804
Will the "single document" requirements of Civil Code Sections 2981.9 and 2985.8 regarding conditional sale contracts and motor vehicle lease contracts support multi-page documents if the pages are attached to each other and properly integrated by a appropriate means such as inclusive sequential page numbering (e.g. 1 of 4, 2 of 4...)? (Eisenberg) - 08-806
1) Is the Los Angeles Community College District Joint Labor Management Benefits Committee (JLMBC) required to comply with the Ralph M. Brown Act (Brown Act; Govt. Code § 54950 et seq.)?
2) If the JLMBC is required to comply with the Brown Act, is the conduct of a “caucus” of the employee members permissible?
(Carey)