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COUNCIL ACTION CORRESPONDENCE
To Councilman Jack Strickler
Subject Policy on Providing an Legal
Opinion
Dab January 6, 1987
Meeting Date January 5, 1987
Agenda Item No. New Business
Action
The issue of obtaining a legal opinion from an outside source on the two most recent
memos from the City Attorney concerning his policy on conflict of interest and
examining the appropriate role of the City Attorney in representing members of the
Council and the Council as a whole is to be placed on the January 19, 1987 Council
Agenda as the first item (preceeding the consent calendar).
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Mayor Wilcox
cc: City Attorney
City Administrator
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SHAUNA CLARK
City Clerk
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JOHN K. VAN DE KAMP
Attorney General
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J DEPARTMENT OF JUSTICE
P. O. Box 944255
Sacramento 94244-2550
9
ISIS K STREET. SUITE .511
SACRAMENTO 9SIl14
(916) 4015-95.55
December 24, 1986
Mr. Jack Strickler
Senior Council Member
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dear Mr. Strickler:
This is in reply to your December 17 request for "an oplnlon
regarding the proper representation our City Attorney is to
provide to the Common Council".
The opinion function of the Attorney General is limited to
providing opinions to state officials, district attorneys (and
county counsels) and city prosecutors (limited) to criminal law
questions). I have attached materials which explain the Attorney
General's opinion functions. Since the Attorney General has no
authority to provide opinions to city officials on civil law
questions I must respectfully decline your request.
It may be of some interest to know that this office is preparing
an opinion on the question whether a county counsel has a duty to
provide a legal opinion to an individual school trustee (Op. No.
86-404) requested by the County Counsel of Solano County.
Sincerely,
JOHN K. VAN DE KAMP
ne P'JJL
ACK WINKLER
Assistant Attorney General
Opinion Unit
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Attach.
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ERN ARD IN 0 300 NORTH "0" STREET. SAN IERNAROINO. CALIFORNIA 92..1
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JACK STRICKLER
Councilman, s.venth Ward
(714) 383~
December 17, 1986
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Honorable John Van de Kamp
Attorney General
state of California
1515 wK- street, suite 511
Sacramento, CA 95814
Dear Sir:
Please peruse the attached information and furnish an
opinion regarding the proper representation our city Attorney
is to provide to the Common Council. several Council Members
are of the opinion that the City Attorney is attempting to
shirk his responsibilities.
Thank you very much for any assistance you can provide
in this matter.
J K STRICKLER
enior council Member
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Attchs.
cc: Mayor Evlyn wilcox
Mr. Ralph prince, City Attorney
Mr. Ray schweitzer, Acting City Administrator
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GOVERNMENT CODE
I 12519. OplDlOD8
The Attorney General shall give his opinion In writing to the
Legislature or either house thereof, and to the Governor, the Secre-
tary of State, Controller, Treasurer, State Lands Commission, Super-
intendent of Public Instruction, any state agency prohIbited by law
from employing legal counsel other than the Attorney General, and
any district attorney when required, upon any question of law relat-
inl to theIr respective offices.
The Attorney General shall give his opinion In writing to a city
prosecuting attorney when required, upon any question of law relat-
ing to crmllnal matters.
ATTORNEY GENERAL'S OPINIONS
[VOLUMB 64
FOREWORD
State budget constraints have caused substantial reductions in the Opinion
Unit staff. To better utili~e limited staff in the performance of our opinion
responsibilities under Government Code section 12 S 19 the following practices
(some of long standing and some new) have been implemented:
(1) All requeits for opinions must be in writing and relate to the re-
quester's official duties.
r1" (2) Requests submitted by or on behalf of anyone not entitled to an
opinion under section 12 S 19 will be declined.
(3) The opinion request must be sufficiently specific to permit precise
legal analysis and the questions maybe reframed to state more precisely the
legal issues presented. Opinions will not be issued to resolve factual questions.
( 4) Requests will be declined when the questions:
(a) are at issue in pending litigation;
(b) call for interpretation of proposed constitutional amendments,
statutes or regulations before their enactment; or
(c) call for the interpretation of local charters, ordinances or regula-
tions.
(~) Requests submitted by local legal officers and by state officers having
full time public legal counsel to advise them must be accompanied bya full
legal analysis and conclusions on the questions presented.
(6) The issues presented must have sufficient significance to justify the
expense of preparing an opinion. Informal responses will be provided on opinion
requests when appropriate.
Pebruary I, 1982
GEORGE DEUKMEJIAN
Attorney Ceneral oj tM State oj CaliJornia