Yearly Index for 2008
Opinion Number
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07-903
[PDF 48 kb / 4 pg]
Whether a member of the City Council of the City of Maywood may serve simultaneously on the Board of Directors of the Water Replenishment District of Southern California presents substantial questions of fact and law warranting judicial resolution. -
07-313 [PDF 52 kb / 4 pg]
A city council member may be paid a fee for performing drug testing of a city employee who has been involved in a traffic accident, where the council member is the only certified drug tester in the immediate area who is available to perform the test, time is of the essence in performing the test, and the tester is paid on the same fee schedule and terms as any other tester operating under the contract. -
07-302 [PDF 75 kb / 7 pg]
A person designated by a regional open space district as a park ranger, and regularly employed and paid in that capacity as part of the district’s police force, has peace officer powers under the terms of Penal Code section 830.31 anywhere in the state, either for the purpose of performing his or her primary duty or when making an arrest as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense. -
07-208 [PDF 106 kb / 10 pg]
In response to a request made under the California Public Records Act for the names of peace officers involved in a critical incident, such as one in which lethal force was used, a law enforcement agency must disclose those names unless, on the facts of the particular case, the public interest served by not disclosing the names clearly outweighs the public interest served by disclosing the names. -
07-206 [PDF 59 kb / 5 pg]
A Local Agency Formation Commission has the authority to enlarge the boundaries of a proposed incorporation beyond those set forth in the petition for incorporation. -
07-202 [PDF 49 kb / 5 pg]
A municipal water district may provide paid health benefits to former elective members of its legislative body who served in office after January 1, 1981, but whose terms began before January 1, 1995, and whose total service at the time of termination was not less than 12 years, where (1) in 1993, the water district ceased providing paid health benefits for current or future members after the expiration of their terms, and (2) in 2000, the water district reinstated its previous practice of providing paid health benefits for such members after the expiration of their terms, provided that the former members received paid health benefits from the water district while serving on its legislative body prior to January 1, 1994.
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07-104 [PDF 99 kb / 10 pg]
Although the issue is not entirely free from doubt, under the current state of the law, we conclude that a court could invalidate as contrary to state law a city’s compromise settlement of a suit for damages that was brought by a city council member, before his election to the council, against the city and its employees for alleged wrongful conduct committed against him as a private citizen, because the plaintiff council member’s financial interest in the settlement would be prohibited by Government Code section 1090. -
06-802 [PDF 75 kb / 7 pg]
Where a county maintains a comprehensive database of property-related information that may incidentally contain the home addresses and telephone numbers of persons who are elected or appointed public officials, but who are not identifiable as such from the data, Government Code section 6254.21(a) does not require the county to obtain permission from those officials before transmitting the database over a limited-access network, such as an “intranet,” “extranet,” or “virtual private network.”
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