Sunday, February 5, 2012

Subscribe to First Amendment CoalitionNews Feed     |     用中文     |     Español

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  
Filed under Access to Records, AG Opinions

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 [...]

AG Opinion 86-082

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

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 [...]

AG Opinion 07-106

June 13, 2009 by  
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 an administrative employee [...]

AG Opinion 06-1009

June 13, 2009 by  
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 made a copy of [...]

AG Opinion 06-203

June 13, 2009 by  
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 the county, including [...]

AG Opinion 05-1004

June 13, 2009 by  
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 are first received by [...]

AG Opinion 05-903

June 13, 2009 by  
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  
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 each member. (2006)

AG Opinion 05-613

June 13, 2009 by  
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 of past publications, or proof [...]

AG Opinion #05-1004

June 13, 2009 by  
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 are first received by [...]

AG Opinion #04-1105

June 13, 2009 by  
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  
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  
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  
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 [...]

AG Opinion #02-1108

June 13, 2009 by  
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 authority [...]

AG Opinion #01-605

June 13, 2009 by  
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 [...]

AG Opinion #02-711

June 13, 2009 by  
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 reimburse [...]

AG Opinion #01_401_02

June 13, 2009 by  
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 [...]

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  
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 [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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: [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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  
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 opinion [...]

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

June 13, 2009 by  
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 auditor-controller prohibited from [...]

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

June 13, 2009 by  
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 record [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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 [...]

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  
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 [...]

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

June 13, 2009 by  
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, [...]

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

June 13, 2009 by  
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 [...]

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  
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 [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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 [...]

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  
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 [...]

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

June 13, 2009 by  
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 [...]

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

June 13, 2009 by  
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 [...]

Next Page »