Opinions Published in 2004

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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

02-206
The governing board of a school district may employ a teacher as a permanent employee if she has been a probationary teacher for more than one year before her spouse became a member of the governing board.

03-508
The governing board of a school district may not avoid the conflict of interest provisions of Government Code section 1090 by adopting a policy delegating to the district superintendent its authority to contract on behalf of the district and thus allow the superintendent to approve a promotion for the spouse of a member of the governing board as well as lease school equipment from a firm that employs the spouse of another board member.

03-705
Where streets within a residential subdivision adjacent to an airport are owned and maintained by an airport district but are part of the county road system, the county is solely responsible for regulating the operation of aircraft on the streets.

03-804
An independent fire protection district is eligible to receive Proposition 172 monies under the Local Public Safety Protection and Improvement Act of 1993.

03-806
Cottontail and brush rabbits that are eating landscaping, ornamental plants, or gardens may be trapped or killed if it can be established that they are materially harming such plants.

03-902
The state is responsible for the payment of the costs of (1) a report required before a court may consider suspension of a defendant's sentence, where the defendant has been convicted of a lewd or lascivious act on a minor under 14, (2) an examination of a defendant's mental competency, (3) an examination of a defendant, who has been convicted of a felony, to determine whether an involuntary civil commitment should be made due to narcotics addiction, (4) an examination of a person, in the absence of a criminal proceeding, to determine whether a civil commitment should be made due to narcotics addiction, (5) an examination and testimony in connection with an involuntary civil commitment of a person believed to be imminently dangerous to others. A county is responsible for the payment of the costs of (6) evaluations and counsel regarding a civil commitment due to an inmate being a sexually violent predator, and (7) an examination of a defendant where a plea of "not guilty by reason of insanity" has been entered.

03-1005
Even though a school district has broad authority to conduct its programs and activities, it may not assess a fee upon providers of deferred compensation plans to cover its costs of administering the plans for district employees.

03-1006
1. The common law prohibition against holding incompatible offices does not cause a county officer to forfeit his or her office when accepting a standby appointment for the office of county supervisor.
2. The common law prohibition against holding incompatible offices would not cause a county officer to forfeit his or her office by temporarily filling the standby office of county supervisor during a state of emergency.

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 public.

03-1201
When a physician testifies as an expert in a civil proceeding regarding the applicable standard of medical care and whether the defendant has breached that standard, the physician may not, on the basis of his or her testimony, be held liable in a subsequent tort action brought by the adverse party, but may be subject to professional discipline by the Medical Board of California if the testimony constitutes unprofessional conduct.

04-101
A regional financial development corporation may not guarantee a loan based upon funds that were transferred by the Legislature from the Small Business Expansion Fund to the General Fund pursuant to the Budget Act of 2002-2003.

04-109
1. The question whether Tommy Monreal is unlawfully holding the office of city council member of the City of Huron does not present a substantial issue of fact or law requiring judicial resolution.
2. The question whether Jose Diaz is unlawfully holding the office of city council member of the City of Huron does not present a substantial issue of fact or law requiring judicial resolution.
3. The question whether Francisco Chavez is unlawfully holding the office of trustee of the Coalinga-Huron Unified School District does not present a substantial issue of fact or law requiring judicial resolution.

04-201
The children’s services inspector general of a county, an officer within the department of auditor-controller created by the board of supervisors to identify county program improvements to prevent the recurrence of child deaths due to neglect or abuse, may not inspect the juvenile case file of a deceased child without issuance of a prior court order.