Friday, September 3, 2010

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AG Opinions

The following are opinions published by California’s Attorney General about open government issues. How authoritative is a published opinion of the Attorney General — how seriously will a court take it?

These comments by courts in recent cases are typical:

“Although an official interpretation of a statute by the Attorney General is not controlling, it is entitled to great respect.”(Thorning v. Hollister School Dist. (1992) 11 Cal.App.4th 1598, 1604.)

“Opinions of the Attorney General, while not binding, are entitled to great weight. [Citations.] In the absence of controlling authority, these opinions are persuasive ’since the legislature is presumed to be cognizant of that construction of the statute.’ [Citation.]“(Napa Valley Educators’ Assn. v. Napa Valley Unified School Dist. (1987) 194 Cal.App.3rd 243, 251.)

AG Opinion 07-208

September 1, 2009 by Peter Scheer  
Filed under AG Opinions, Access to Records

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 [...]

AG Opinion 86-082

September 1, 2009 by Peter Scheer  
Filed under AG Opinions, Access to Records

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 [...]

AG Opinion 07-106

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion 07-106 Under the Ralph M. Brown Act, the Superintendent of Schools of a high school district may not prohibit an administrative employee of the district from attending a public school board meeting. Under the Ralph M. Brown Act, the Superintendent of Schools of a high school district may not prohibit [...]

AG Opinion 06-1009

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion 06-1009 When the amount of a documentary transfer tax appears on a separate paper rather than on the recorded property conveyance document, the county recorder is not required to make a copy of the separate paper before returning it to the recording party. When the county recorder has not [...]

AG Opinion 06-203

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion 06-203 In response to a public records request, a prosecutor may not produce records from a computerized data base that disclose: (1) whether a recently charged or soon-to-be charged defendant is currently on probation or parole, and details of his or her prior offenses; (2) an individual’s criminal history in [...]

AG Opinion 05-1004

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion 05-1004 Interim grading documents, including geology reports, compaction reports, and soils reports, submitted by a property owner to a city’s building department in conjunction with an application for a building permit are subject to public inspection and copying under the California Public Records Act at the time the documents [...]

AG Opinion 05-903

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion 05-903 The privilege for confidential marital communications does not apply when a married peace officer is being interrogated during a law enforcement agency’s internal affairs investigation of alleged police misconduct by the peace officer’s spouse. (2006)

AG Opinion #05-701

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion #05-701 When the legislative body of a local agency meets in closed session to consider the proposed dismissal of a public employee but ultimately rejects that proposal and retains the employee, the legislative body is not thereafter required to publicly report its decision and the vote or abstention of [...]

AG Opinion 05-613

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion 05-613 With respect to a request for the address of an individual arrested by a law enforcement agency, where the requester declares under penalty of perjury that the request is made for a journalistic purpose, the agency may not require that the requester present subscriber lists, distribution lists, copies [...]

AG Opinion #05-1004

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion #05-1004  Interim grading documents, including geology reports, compaction reports, and soils reports, submitted by a property owner to a city’s building department in conjunction with an application for a building permit are subject to public inspection and copying under the California Public Records Act at the time the [...]

AG Opinion #04-1105

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion #04-1105  Parcel boundary map data maintained by a county assessor in an electronic format is subject to public inspection and copying under provisions of the California Public Records Act. (2005)

AG Opinion #04-408

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion #04-408 A county retirement board may meet in closed session to discuss and evaluate medical records submitted in connection with an employee’s application for a disability retirement.  (2005)

AG Opinion #03-1107

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion #03-1107 The governing board of a jointly administered trust fund, whose members are appointed equally by a city and a labor union representing city employees and whose purpose is to address labor-management issues relating to the health, safety, and training of city employees, is not required to hold its meetings open to the [...]

AG Opinion #03-604

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER, Attorney General; DANIEL G. STONE, Deputy Attorney General
No. 03-604
In the Office of the Attorney General of the State of California
Filed December 29, 2003
THE COACHELLA VALLEY MOUNTAINS CONSERVANCY has requested an opinion on the following questions:
1. Where a member of a city council or county board of supervisors is appointed [...]

AG Opinion #02-1108

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER Attorney General, GREGORY L. GONOT Deputy Attorney General
No. 02-1108
Office of the California Attorney General
June 6, 2003
THE HONORABLE TAMARA C. FALOR, COUNTY COUNSEL, COUNTY OF HUMBOLDT, has requested an opinion on the following questions:
1. Does a grand jury, sitting in its civil “watchdog” capacity, have the [...]

AG Opinion #01-605

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER Attorney General,
MARJORIE E. COX Deputy Attorney General
No. 01-605
Office of the California Attorney General
Filed November 1, 2002
THE HONORABLE BYRON SHER, MEMBER OF THE STATE SENATE, has requested an opinion on the following question:
Does a county board of supervisors have statutory authority to charge a fee for a copy [...]

AG Opinion #02-711

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER, Attorney General, MARJORIE E. COX, Deputy Attorney General
No. 02-711
Office of the California Attorney General
October 23, 2002
THE HONORABLE STEVE COOLEY, DISTRICT ATTORNEY, COUNTY OF LOS ANGELES, has requested an opinion on the following question:
May public funds of a general law city or charter city be expended to [...]

AG Opinion #01_401_02

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER,
Attorney General;
MARJORIE E. COX, Deputy Attorney General
No. 01-401
Office of the Attorney General of the State of California
Filed March 14, 2002
THE HONORABLE TONY STRICKLAND, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions:
Do the open meeting requirements of the Ralph M. Brown Act apply to the meetings of [...]

AG Opinion #02-406 Media Cannot Attend a child’s individualized education program meeting even if their attendance has the consent of the parents (2002)

June 13, 2009 by admin  
Filed under AG Opinions

August 26, 2002
[Attorney General's Opinion #02-406]
THE HONORABLE RICHARD G. POLANCO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question:
May members of the news media attend a child’s individualized education program meeting as observers if their attendance has the consent of the parents?
CONCLUSION
Members of the news media may not attend a child’s [...]

AG Opinion #00-906 Officials Must Not Use E-mail to Conduct Government Business (2001)

June 13, 2009 by admin  
Filed under AG Opinions

TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
BILL LOCKYER
Attorney General
OPINION
of
BILL LOCKYER
Attorney General
CLAYTON P. ROCHE
Deputy Attorney General
No. 00-906
February 20, 2001
[00-906]
THE HONORABLE WESLEY CHESBRO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question:
May a majority of the board members of a local public agency e- mail each other [...]

AG Opinion #01-307 Teachers Can Wear Political Buttons at Back-to-School Night(2001)

June 13, 2009 by admin  
Filed under AG Opinions

TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
BILL LOCKYER
Attorney General
OPINION
of
BILL LOCKYER
Attorney General
ANTHONY S. Da VIGO
Deputy Attorney General
:
No. 01-307
July 12, 2001
THE HONORABLE JACK SCOTT, MEMBER OF THE STATE SENATE, has requested an opinion on the following question:
May a school district prohibit teachers from wearing political buttons while attending Back-to-School Night, an [...]

AG Opinion #98-211 School Dissemination of Sex Offender Information (1999)

June 13, 2009 by admin  
Filed under AG Opinions

BILL LOCKYER, Attorney General; CLAYTON P. ROCHE, Deputy Attorney General
No. 98-211
Office of the Attorney General of the State of California
March 1, 1999
THE HONORABLE WESLEY CHESBRO, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following questions:
1.Does a school district have a duty to disclose information received from a law [...]

AG Opinion #97-1207 Participation by elected officials in committee meetings when they aren’t members (1998)

June 13, 2009 by admin  
Filed under AG Opinions

ATTORNEY GENERAL’S OPINION  97-1207
April 29, 1998
THE HONORABLE QUENTIN L. KOPP, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following questions:
1. May members of the legislative body of a local public agency ask questions or make statements while attending a meeting of a standing committee of the legislative body “as observers”?
2. May [...]

AG Opinion #97-1005 Campaigning in Multiple Dwelling Complexes (1998)

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion No. 97-1005
Free Speech: Campaigning in Multiple Dwelling Complexes
OPINION of DANIEL E. LUNGREN, Attorney General;
GREGORY L. GONOT, Deputy Attorney General
In the Office of the Attorney General of the State of California filed February 13, 1998, the honorable Dick Ackerman, member of the California State Assembly, has requested an opinion on the [...]

AG Opinion #97-414 Closed Session for Advisory Committee on Personnel (1997)

June 13, 2009 by admin  
Filed under AG Opinions

AG Opinion No. 97-414
Brown Act: Closed Session for Advisory Committee on Personnel
OPINION of DANIEL E. LUNGREN, Attorney General;
ANTHONY DaVIGO, Deputy Attorney General
In the Office of the Attorney General of the State of California filed November 10, 1997, the Honorable Mike Thompson, member of the California State Senate, has requested an [...]

AG Opinion #99-301 Disclosure of County Officer’s Personal Tax Lien Details (1999)

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER, Attorney General; Anthony M. Summers , Deputy Attorney General
No. 99-301
In the Office of the Attorney General of the State of California
Filed August 6, 1999
THE HONORABLE H. PETER KLEIN, COUNTY COUNSEL OF MENDOCINO COUNTY, has requested an opinion on the following question:
Is a county [...]

AG Opinion #99-403 Recording Conversation to Obtain Evidence of Crime (1999)

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER, Attorney General; ANTHONY M. SUMMERS, Deputy Attorney General
No. 99-403
In the Office of the Attorney General of the State of California
Filed July 30, 1999
THE HONORABLE GARY LIEBERSTEIN, DISTRICT ATTORNEY OF NAPA COUNTY, has requested an opinion on the following questions:
1. May a person initiate and tape [...]

AG Opinion #99-503 Is Disclosing Peace Officer Personnel Records a Crime? (1999)

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER, Attorney General;
ANTHONY S. DA VIGO, Deputy Attorney General
No. 99-503
Office of the Attorney General of the State of California
Filed December 22, 1999
THE HONORABLE MARSHA JONES MOUTRIE, CITY ATTORNEY, CITY OF SANTA MONICA, has requested an opinion on the following question:
Does the disclosure of peace officer personnel records in violation [...]

AG Opinion #99-712 Residency and Petition Circulators (1999)

June 13, 2009 by admin  
Filed under AG Opinions

OPINION of BILL LOCKYER, Attorney General;
CLAYTON P. ROCHE, Deputy Attorney General
No. 99-712
In the Office of the Attorney General of the State of California
Filed December 22, 1999
THE HONORABLE WILLIAM B. CONNERS, CITY PROSECUTOR, CITY OF MONTEREY, has requested an opinion on the following questions:
1. In light of the United States Supreme Court’ s [...]

61 Ops. Cal. Atty. Gen. 220 Brown Act Governs Police Board (1978)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
61 Ops. Cal. Atty. Gen. 220
Opinion No. CV 77-195
May 4, 1978
THE HONORABLE HOWARD L. BERMAN
ASSEMBLYMAN FOR THE 43RD DISTRICT
THE HONORABLE HOWARD L. BERMAN, ASSEMBLYMAN, FOR THE 43RD DISTRICT, has requested the opinion of this office on the following questions concerning a board of police commissioners [...]

62 OPS. Cal. Atty. Gen.150 Can Two Legislative Bodies and Their Counsels Meet in Executive Session to Discuss Litigation Settlement? (1979)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
62 Ops. Cal. Atty. Gen. 150
Opinion No. CV 78-103
April 10, 1979
THE HONORABLE STANLEY M. RODEN
DISTRICT ATTORNEY
SANTA BARABRA COUNTY
THE HONORABLE STANLEY M. RODEN, DISTRICT ATTORNEY, SANTA BARABRA COUNTY, has requested an opinion on the following questions:
1. Is it a violation of the Ralph M. Brown Act for the [...]

62 Ops. Cal. Atty. Gen. 658 Meeting Notices for Legislative Bodies (1979)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
62 Ops. Cal. Atty. Gen. 658
Opinion No. 79-811
October 31, 1979
THE HONORABLE PHILLIP D. WYMAN
ASSEMBLYMAN
THIRTY-FOURTH DISTRICT
THE HONORABLE PHILLIP D. WYMAN, ASSEMBLYMAN, THIRTY-FOURTH DISTRICT, has requested an opinion on the following questions:
1. Under the provisions of section 54956 of the Government Code, must the legislative body of [...]

63 Ops. Cal. Atty. Gen. 153 Discussing Employee Workload and Establishing New Positions in Closed Session(1980)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
63 Ops. Cal. Atty. Gen. 153
Opinion No. 79-1207
February 26, 1980
THE HONORABLE DAVID G. KELLEY
THE HONORABLE DAVID G. KELLEY, Assemblyman, Seventy-Fifth District, has requested an opinion on the following question:
Under the provisions of The Ralph M. Brown Act, are the following subjects legitimate subjects for executive [...]

67 Ops. Cal. Atty. Gen. 111 Can County Advisory Board Meet With Counsel in Closed Session to Discuss Litigation Involving Board of Supervisors? (1984)

June 13, 2009 by admin  
Filed under AG Opinions

CA-AG (California Attorney General Opinions)
67 Ops. Cal. Atty. Gen. 111
Office of the Attorney General
State of California
Opinion No. 83-1107
March 20, 1984
THE HONORABLE ADRIAN KUYPER
COUNTY COUNSEL
ORANGE COUNTY
THE HONORABLE ADRIAN KUYPER, COUNTY COUNSEL, ORANGE COUNTY, has requested an opinion on the following question:
Is an advisory committee which has been created by the Board of Supervisors to [...]

68 Ops. Cal. Atty. Gen. 73 Amounts and Reasons for Executive Officers’ Performance Bonuses Subject to CPRA(1985)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
68 Ops. Cal. Atty. Gen. 73
Opinion No. 84-1204
April 18, 1985
THE HONORABLE MICHAEL D. BRADBURY
DISTRICT ATTORNEY OF VENTURA COUNTY
THE HONORABLE MICHAEL D. BRADBURY, DISTRICT ATTORNEY OF VENTURA COUNTY, has requested an opinion on the following question:
Are records of the amounts and reasons for performance awards granted to executive [...]

69 Ops. Cal. Atty. Gen. 232 City Council Can Meet Privately to Discuss Cease and Desist Order (1986)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
69 Ops. Cal. Atty. Gen. 232
Opinion No. 86-203
October 22, 1986
THE HONORABLE LLOYD G. CONNELLY
MEMBER OF THE CALIFORNIA ASSEMBLY
THE HONORABLE LLOYD G. CONNELLY, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following questions:
1. Does section 54956.9 of the Government Code, a provision in the Ralph [...]

71 Ops. Cal. Atty. Gen. 235 Disclosure of Records Pertaining to Litigation (1988)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
71 Ops. Cal. Atty. Gen. 235
Opinion No. 87-304
July 13, 1988
THE HONORABLE MAXINE WATERS
MEMBER OF THE CALIFORNIA ASSEMBLY
THE HONORABLE MAXINE WATERS, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion of this office on the following questions:
1. What records pertain to “pending litigation” within the meaning of [...]

71 Ops. Cal. Atty. Gen. 5 Lawyer-Client Privilege Doesn’t Automatically Terminate for Public Official with Settlement or Adjudication(1988)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
71 Ops. Cal. Atty. Gen. 5
Opinion No. 87-704
January 14, 1988
THE HONORABLE DWIGHT L. HERR
COUNTY COUNSEL
COUNTY OF SANTA CRUZ
THE HONORABLE DWIGHT L. HERR, COUNTY COUNSEL, COUNTY OF SANTA CRUZ, has requested an opinion on the following question:
Does the lawyer-client privilege or work-product rule, when relied upon by a [...]

71 Ops. Cal. Atty. Gen. 96 Brown Act Requires Open Meeting of Air Pollution Control District Board (1988)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
71 Ops. Cal. Atty. Gen. 96
Opinion No. 87-1205
March 24, 1988
THE CALIFORNIA AIR RESOURCES BOARD
THE CALIFORNIA AIR RESOURCES BOARD has requested an opinion on the following questions:
Does the Ralph M. Brown Act require the deliberations of a hearing board of an air pollution control district, after it has [...]

73 Ops. Cal. Atty. Gen. 1 Disclosure Requirements for Closed Sessions on Real Estate Purchases (1990)

June 13, 2009 by admin  
Filed under AG Opinions

Office of the Attorney General
State of California
73 Ops. Cal. Atty. Gen. 1
Opinion No. 89-903
January 9, 1990
THE HONORABLE JAMES P. FOX
DISTRICT ATTORNEY
COUNTY OF SAN MATEO
THE HONORABLE JAMES P. FOX, DISTRICT ATTORNEY, COUNTY OF SAN MATEO, has requested an opinion on the following question:
Would the adoption by the Midpeninsula Regional Open Space District of a [...]

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