Opinions Published in 2003

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The following conclusions are links to published opinions which are saved in Adobe's Portable Document Format (PDF). These files may be opened and viewed with Adobe Acrobat Reader which is available free. You will need to use your browser's BACK button to return to this index page, from each PDF document.

OPINION NUMBER

01-402
A city may prohibit, limit or regulate the operation of a boarding house or rooming house business in a single family home located in a low density residential (R-1) zone, where boarding house or rooming house is defined as a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence, in order to preserve the residential character of the neighborhood.

01-615
1) Where (1) a public agency used its power of eminent domain in 1965 to acquire most of a 640-acre parcel of land for the creation of a reservoir, which left two remaining parcels of land physically separated by 700 feet of water and (2) the county's subdivision ordinance in effect at the time did not regulate divisions of land creating four or fewer parcels, the remaining two parcels of land were legally created as separate parcels for purposes of the Subdivision Map Act.
2) The legal status of the two remaining separate parcels was not affected when an owner of the parcels subsequently obtained a timberland production zone classification for both parcels, which zoning required that the parcels be managed as contiguous parcels.

02-111
The activities of eBay, Inc. in connection with the purchase and sale of previously owned yachts do not require it to be licensed as a yacht broker under the provisionsof the Yacht and Ship Brokers Act.

02-213
1) The Military and Veterans Code provisions granting employment related benefits during temporary military leaves of absence are not applicable to persons who seek leaves of absence for service in the militia of another state.
2) Under the Military and Veterans Code provisions relating to temporary leaves of absence for military duty, "30 calendar days" consists of the number of working hours the employee would ordinarily work during the 30 calendar days. For a person who works 40 hours each week, 30 calendar days consists of 21.5 working days or 172 working hours.

02-309
The Division of Conciliation of the Department of Industrial Relations may conduct an agency shop election during the term of an existing memorandum of understanding between a public agency and a recognized employee organization that contains a "modified" agency shop provision if the current agency shop provision is first rescinded by the employees or first removed from the agreement by negotiation.

02-512
1) The Little Hoover Commission does not have the authority to comprehensively review the administrative operations of the court system.
2) The Little Hoover Commission is authorized to examine the laws pertaining to continuing or permanent appropriations of public funds for the courts and the methods used in administering such laws, but not the structure, organization, operation or functions of the courts.

02-608
The board of retirement of a county employees retirement association may appoint an alternate for the eighth office on the board, which office is held by a retired member elected by the retired members of the association, without the approval of the jurisdiction’s electorate.

02-613
The payment by a state agency of an employee’s annual dues for a professional license, which license is required for the employee to perform his or her agency duties, does not prevent the employee from rendering professional services to others for compensation.

02-805
The board of retirement of the San Diego Transit Corporation does not have responsibility to administer the pension system established for the employees of the San Diego Transit Corporation.

02-808
A county board of supervisors may contract with a nonprofit mutual benefit corporation to promote tourism and commerce even though a court has ruled that the corporation would not be performing a “function” of the county and would not be operating “on behalf of” the county as those terms are used in the statutes governing the investigative authority of a grand jury.

02-904
A muzzleloading rifle equipped with iron sights may not contain a fiber optic ambient light gathering system when used to hunt big game.

02-908
A security officer employed by a community college district may not exercise the powers of a peace officer on behalf of the district.

02-913
A county board of supervisors has the discretion, in each fiscal year, to change the allocation of Proposition 172 funds among otherwise eligible public safety service agencies, including an allocation to an otherwise eligible public safety service agency that did not receive an allocation in a prior fiscal year.

02-1005
1. A county board of education may not appoint an outside counsel in addition to in-house counsel to provide unrestricted, independent advice to the board.
2. Depending upon the facts in a particular matter and subject to statutory conditions, a county board of education may contract with outside counsel to provide advice to the board when (1) in-house counsel has a conflict of interest, (2) in-house counsel has failed to render timely advice in a particular matter, (3) the services being sought are in addition to those usually, ordinarily and regularly obtained from in-house counsel or (4) the board desires a second legal opinion from that provided by in-house counsel in a particular matter.

02-1006
1. Public Contract Code sections 10507.7 and 10509 control competitive bidding for the procurement of goods and services by the University of California.
2. The University of California is required to comply only with the provisions of Public Contract Code sections 10507.7 and 10509 with respect to the procurement of goods or services.

02-1012
A public entity may accept a bid for the construction of a public works project that does not specify the business location of each listed subcontractor but does provide the state contractor's license number of each listed subcontractor from which the business location may be ascertained upon further inquiry.

02-1101
The California Public Employees' Retirement System may allow its fiduciaries to purchase "waivers of recourse" coverage from its self-insurance program.

02-1103
1) Whether the Orange County Charter lacks the necessary elements of a county charter enumerated in the California Constitution, article XI, section 4, thus rendering the charter invalid, does present substantial issues of law and fact which warrant judicial resolution, and for which leave to sue is granted.
2) Whether the ballot materials in connection with Measure V of the March 5, 2002 general election, establishing the Orange County Charter, misled the voters by failing to inform them that the charter would change the structure of the Orange County government, thus rendering the charter invalid, does present substantial issues of law and fact which warrant judicial resolution, and for which leave to sue is granted.
3) Whether the ballot materials in connection with Measure V of the March 5, 2002 general election, establishing the Orange County Charter, misled the voters by failing to address the fiscal impact of the charter, thus rendering the charter invalid, does present substantial issues of law and fact which warrant judicial resolution, and for which leave to sue is granted.

02-1108
1) A grand jury, sitting in its civil “watchdog” capacity, has the authority to admonish a witness not to disclose what the witness learns in the grand jury room regarding the subject of the grand jury’s inquiry.
2) A violation of the admonition may constitute contempt of court.
3) The following admonition would be legally sufficient: “You are admonished not to reveal to any person, except as directed by the court, which questions were asked or what responses were given or any other matters concerning the nature or subject of the grand jury’s investigation which you learned during your appearance before the grand jury, unless and until such time as a transcript (if any), or a final report, of this grand jury proceeding is made public or until authorized by this grand jury or the court to disclose such matters. A violation of this admonition is punishable as contempt of court.”

02-1207
A superior court may not adopt local rules prohibiting law enforcement officers from (1) interrogating a minor in a juvenile detention facility, including before the filing of a juvenile petition, without the permission of the minor's attorney, (2) temporarily removing a minor from a juvenile detention facility for investigative purposes without the permission of the minor's parent, attorney, probation officer, and a juvenile court judge, or (3) placing a minor in a lineup without the permission of a juvenile court judge.

03-101
A county treasurer’s duty to nominate members of a county treasury oversight committee extends to persons already designated to be members of the committee by virtue of their office or through selection by another public official or government body, but the duty constitutes a ministerial act not involving the exercise of discretion with respect to these nominees.

03-105
In providing or arranging for the provision of health care services under the California Medical Assistance program, a county organized health system that has contracted with the California Medical Assistance Commission is not subject to the statutory requirement that a request for treatment "be reviewed for medical necessity only" unless such requirement is a term of its contract.

03-106
In determining whether the remainder of an unexpired senatorial term to which a person has been elected is less than half of the full term (Cal. Const., art. XX, § 7), the remaining portion of the term is measured from the time the person takes the oath of office upon the convening of a new Legislature when the special election is consolidated with a general election that takes place during a legislative recess.

03-201
A city council may not enter into a public works contract with a prime contractor who is the lowest bidder for the project if the city's mayor is an officer, shareholder, and employee of a listed subcontractor of the prime contractor and the mayor has not been a supplier of goods or services to the prime contractor for at least five years prior to his election to office.

03-205
A sheriff has discretion to furnish copies of photographs of arrested persons, commonly known as “mug shots,” in response to a request from a member of the general public, including the news media; however, once a copy is furnished to one member of the general public, a copy must be made available to all who make a request.

03-301
A person employed as a trainee by a fire department to provide firefighting services is entitled to the enhanced benefits granted by the Workers' Compensation Law for "firefighters."

03-302
A city council may not enter into a contract with a law firm, of which a city council member is a partner, to represent the city in a lawsuit even if the law firm would receive no fees from the city for the services and would agree to turn over to the city any attorney fees that might be awarded in the litigation.

03-305
The filing of a quo warranto action to determine whether the San Rafael Rock Quarry, Inc., the Dutra Group, Dutra Materials, and Dutra Dredging are unlawfully holding or exercising their corporate franchises would not be in the public interest due to pending litigation involving the same underlying allegations and thus the application for leave to sue is denied.

03-315
1) Whether Dr. Jay Betz complied with the residence qualification for election to the governing board of the Pleasant Ridge Union Elementary School District presents a substantial question of law.
2) It is in the public interest to grant the application for leave to sue in quo warranto to remove Dr. Jay Betz from office.

03-316
Emergency medical dispatch services are subject to the review and approval of the local emergency medical services agency even when the services are developed, implemented, and operated in accordance with state guidelines.

03-401
A county transportation authority may not reimpose a retail transactions and use tax for an additional period of time without first adopting a new county transportation expenditure plan.

03-402
1) The board of a redevelopment agency may enter into an agreement with a business firm that purchases goods and services from a board member who has been a supplier of goods and services to the firm for at least five years prior to the commencement of his current term of office, although not for five years prior to the commencement of his initial term of office, if the board member does not participate in or influence the making of the agreement.
2) The board of a redevelopment agency may enter into an agreement with a business firm that purchases goods and services from a board member who has been a supplier of goods and services to the firm if the board member first terminates his business relationship with the firm.

03-406
1) The federal statutes governing the installation of pen registers and trap and trace devices do not provide authority for issuance of a state court order permitting a state law enforcement officer to install or use pen registers or trap and trace devices. 2) The state statutes governing the issuance of administrative subpoenas do not provide authority for a state law enforcement officer to install or use pen registers or trap and trace devices.

03-408
1) A member of the board of directors of a community services district may remain on the board after filing a lawsuit against the district challenging the board's issuance of a development permit to the owner of property adjacent to the director's property.
2) Assuming that the director remains on the board, the district and the director may not enter into an agreement settling the lawsuit.

03-409
Whether the Los Angeles County Charter violates the Constitution by placing term limits on the office of sheriff presents a substantial question of law requiring judicial resolution; leave to file a quo warranto action is granted in the public interest.

03-411
Concentrated cannabis or hashish is included within the meaning of “marijuana” as that term is used in the Compassionate Use Act of 1996.

03-412
A city may, by ordinance, shift the burden of an annual business license fee from individual swap meet vendors to the operator of the swap meet without the prior approval of city voters if the fee is imposed as a regulatory measure.

03-604
1) Where a member of a city council or county board of supervisors is appointed to sit as that body's representative on the governing board of the Coachella Valley Mountains Conservancy, the appointee may not disclose to his or her appointing authority or its counsel information received in a closed session of the governing board.
2) Where the director of a state department is a member of the governing board of the Coachella Valley Mountains Conservancy by operation of law and designates an executive staff member to sit in his or her place, the designee may not disclose to other department employees or department counsel information received in a closed session of the governing board.

03-610
Under the Stop Tobacco Access to Kids Enforcement Act, an “appropriate database of government records” that may be used by a distributor, direct marketing firm, or other entity for the purpose of verifying the age of a purchaser of tobacco products is a compilation of information obtained from records maintained by a local, state, or federal government agency that provides evidence of whether a person’s age is 18 years or older.