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Opinions Published in 2001
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OPINION NUMBER
00-710
The Secretary of State is required to make available on the Internet the names and addresses, including the street name, building number, city, state, and zip code, and telephone numbers of persons identified in campaign and lobbying disclosure statements filed electronically with the Secretary of State except for a person's street name and building number listed on a campaign disclosure statement.
00-815
1) It would not be a violation of Government Code section 1090 for the sole shareholder of a corporation that operates an ambulance service under a certificate of public convenience and necessity issued by a city to hold the office of mayor of the city.
2) It would not be a violation of Government Code section 1090 for a city council to modify the terms of an ambulance service rate schedule where the ambulance service is operated by a corporation of which the mayor of the city is the sole shareholder.
3) It would be a violation of Government Code section 1090 for a city council to modify the terms of an agreement allowing interruption of the traffic signals of the city in exchange for payment of an annual fee, where the agreement is made with a corporation of which the mayor of the city is the sole shareholder.
4) The offices of Mayor of the City of Bakersfield and Director of the 15th District Agricultural Association do not constitute incompatible public offices.
00-901
1) A school district may not enter into a job order contract based upon unit prices for the performance of public works projects.
2) Job order contracts awarded by the California State University involving $30,000 or more, including individual job orders undertaken pursuant to such a contract involving either more or less than $30,000, are subject to the calculation of the statutory requirements specifying the employment of a ratio of apprentices to journeymen. The implementation of the employment ratio, appropriately calculated, must be satisfied before the end of the contract, provided that the contractor must endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site.
00-902
1) A school district may contract for taxi cab services to transport children to and from school.
2) A criminal background check procedure involving fingerprint clearance by the Department of Justice is applicable for any person engaged in pupil transportation under contract with a school district, including taxi cab drivers transporting children to or from school.
00-905
1) The city council has the statutory authority to set the amount of compensation for an elected city treasurer of a general law city.
2) An initiative measure, by ordinance, may set the amount of compensation for an elected city treasurer of a general law city at the same amount received by members of the city council as prescribed by law.
00-906
A majority of the board members of a local public agency may not e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act even if the e-mails are also sent to the secretary and chairperson of the agency, the e-mails are posted on the agency's Internet website, and a printed version of each e-mail is reported at the next public meeting of the board.
00-910
The common residence address listed on a declaration of domestic partnership is subject to public disclosure by the Secretary of State, unless on the facts of a particular case, the public interest served by not making the information public clearly outweighs the public interest served by disclosure.
00-1002
Business and Professions Code section 650 prohibits chiropractors from participating in an Internet marketing plan in which they agree to promote the naturopathic products of an Internet company and to refer their patients to the company's website in exchange for fees equaling 20 percent of the price of the products purchased by their patients from the company.
00-1105
1) For the purpose of providing part-time employment to students attending a community college, a state agency may enter into an agreement with a state higher education foundation that is not established by the Board of Governors of the California Community Colleges as an auxiliary organization.
2) For the purpose of providing part-time employment to students attending a community college, a state agency may enter into an agreement with a state higher education foundation that is not affiliated with the Board of Governors of the California Community Colleges.
3) For the purpose of providing part-time employment to students attending a community college, the affiliation agreement between a nonprofit campus foundation and the community college requires the approval of the board of trustees (or the board's designee) of the community college district in which the college is located if the board makes such approval a condition of operating the program.
00-1106
A school district or community college district is not prohibited from using district resources to implement, at the request of an employee organization, a voluntary payroll deduction program allowing employees to make monthly contributions to a political action committee established by the employee organization.
00-1201
When the California Air Resources Board adopts regulations to reduce volatile organic compound emissions from consumer products, the statutory prohibition against the elimination of a "product form" refers to the shape and structure of the product, such as liquid, solid, powder, gel crystal, aerosol, or pump spray, as distinguished from the material of which it is composed.
00-1210
A city is not required under the federal Americans with Disabilities Act to provide, as an accommodation for a disabled member of its city council or an advisory board who is unable to attend a regularly scheduled meeting of the council or board, a teleconferencing connection at the member's place of residence where members of the public would not be permitted to be present.
01-106
A city may impose storm drainage pollution abatement charges with respect to property owned by school districts within the city's boundaries to fund the city's activities in meeting federal stormwater discharge requirements if the activities do not include the construction of capital improvements; a city may not impose such charges upon the California Department of Transportaion since the department itself must meet the federal requirements for its own properties and activities.
01-107
A corporation may not charge an annual subscription fee, including a reasonable profit, for furnishing a list of physicians willing to provide medical services at discounted rates to uninsured indigent persons.
01-112
A board member of a community college district may not become employed as a part-time or substitute instructor for the district.
01-207
The voters’ adoption of Proposition 36, effective July 1, 2001, does not repeal
the deferred entry of judgment program for narcotics and drug abuse cases.
01-209
A school district may, without issuance of a subpoena or court order or parental consent, allow the district attorney to view a videotape of an assault upon a student by another student that was recorded on the security camera of a school bus, depending upon the particular circumstances.
01-213
1) The mandatory provisions of Penal Code section 834b concerning cooperation, verification, and notification with respect to persons arrested who are suspected of being present in the United States in violation of federal immigration laws are not subject to enforcement by local law enforcement officers.
2) A local law enforcement officer, during a detention of a Spanish-speaking person for otherwise valid purposes, may question the person as to his or her immigration status. However, a local officer may not question an individual as to immigration status solely because the individual speaks Spanish or other non-English language.
3) An arrested person's immigration status may be investigated by local law enforcement officers prior to arraignment.
01-214
The spouse of a state employee may contract to provide goods or services to the employee’s department if the employee neither participates in the department’s decision to enter into the contract nor engages in the spouse’s business.
01-306
1) City of Pasadena Ordinance No. 6847, which authorizes that the International Building Code, the International Residential Code, the International Plumbing Code, the International Fuel and Gas Code, and the International Mechanical Code may be deemed by the city's building official as an approved alternate for materials, designs, and methods of construction, is not consistent with state law.
2) State law does not allow model building codes other than those adopted in the California Building Standards Code to be deemed by a local jurisdiction as "approved alternate" authority to the California Building Standards Code for purposes of approving materials, designs, and methods of construction for buildings constructed in California.
01-314
Where a city councilman owns 48 percent of the shares of an architectural corporation, with the remaining shares owned by three other licensed architects, and the corporation leases its premises from the councilman, one of the other three architects may not establish a separate firm for the purpose of contracting with the city to provide architectural services utilizing the corporation’s premises, employees, and equipment even if the corporation would bill the firm for its pro rata share of the rent, employees’ services, and use of equipment, and the corporation would not share in the profits of the firm from the city’s contracts.
01-316
1) A school district may deny all applications for pupil admissions that are based upon a parent's employment within the district where the reason for the denial is that the district's school facilities are overcrowded at the relevant grade level.
2) A school district that has admitted an elementary school pupil on the basis of a parent's employment within the district may not deny the pupil continued attendance at a school within the district because of overcrowded school facilities at the relevant grade level.
3) A school district may deny all applications for interdistrict attendance agreements that are based upon the child care needs of the pupil where the reason for the denial is that the district's school facilities are overcrowded at the relevant grade level.
4) A school district that has entered into an interdistrict transfer agreement based upon the child care needs of the pupil may not deny the pupil continued attendance at a school within the district because of overcrowded school facilities at the relevant grade level.
01-406
1)Where a natural hazard disclosure statement is required in the sale of residential property, the seller must deliver the statement to the buyer promptly under the circumstances and priorto the transfer of title.
2)If the seller is required to deliver a natural hazard disclosure statement but fails to do so by the time transfer of title is to take place, the buyer may terminate his or her offer to purchase the property.
01-408
A county charter may grant the board of supervisors the authority to remove for cause by a four-fifths vote the sheriff, district attorney, and other county officers upon due notice and opportunity to be heard.
01-504
A grand jury may not hire an expert for the purpose of investigating a nonprofit corporation established by or operating on behalf of a public entity.
01-604
Whether Gail Woodson, Harry Riebe, and Galen Whitney are unlawfully holding public offices as members of the Board of Directors for the Florin Resource Conservation District presents a substantial question of law requiring judicial resolution.
01-608
Whether Gary Mendez abandoned his residence within Trustee Area No. 4 so as to cause a forfeiture of his office as a member of the Board of Trustees of the Rio Hondo Community College District does not present a substantial question of law or fact requiring judicial resolution.
01-703
The board of trustees of a community college district may not approve a selective reclassification of a classified employee's position if the employee's spouse is a member of the board of trustees and the reclassification makes the employee eligible for an increase in salary.
01-905
Whether Ahmad Mansur is unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and Relocation Board as a result of the removal of Andrew Wolff from such office does not warrant the initiation of an action in quo warranto.
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