» Opinions & Reports

Legal Opinions

The below legal opinions are provided to the City Council and the Mayor to clarify policy and legal questions.

2008

July 2, 2008 Interpretation of the City Charter provision on nepotism

June 16, 2008 Impact of proposed 12-day city closure on Measure Q requirements

May 2, 2008 Who has the power to make appointments to the Community Policing Advisory Board?

February 7, 2008 Use of Measure Y funds to recruit Measure Y officers

January 24, 2008 Powers of the Measure Y oversight committee

January 3, 2008 Allocation of Measure Y money between violence prevention and public services

2007

June 25, 2007 City Council's authority under city charter to authorize City Auditor to execute professional services contracts needed to perform charter duties and exercise charter powers

June 22, 2007 City Auditor's right to examine city records

June 13, 2007 Oakland's Equal Access Ordinance

March 1, 2007 City Auditor's duty to perform audits that were due before term commenced

2006

September 6, 2006 Opinion on challenge to referendum petition on the Oak to Ninth project - Ordinance No. 12760 with attachments

June 29, 2006 Opinion on city charter requirement that City Attorney approve pay-go and all other agreements as to form and legality before they are executed

June 22, 2006 Opinion on requirements for grants, including pay-go grants

June 16, 2006 Opinion on Alameda County Counsel opinion to Registrar of Voters regarding definition of 'votes cast'

June 14, 2006 Opinion on pay-go requirements for construction and renovations of city property

May 24, 2006 City Attorney Opinion on responsibilities & procedures of Council in response to alleged inappropriate or unbudgeted use of public funds by council member

May 22, 2006 City Attorney Opinion on the use of funds appropriated for Council personnel expenses for non-personnel purposes

May 18, 2006 City Attorney Opinion on sponsor identification in candidate qualification statements

April 27, 2006 City Attorney Opinion on the set-aside 2.5 percent for Kids First! Oakland Children's Fund with Finance Agency staff report and Opinion on franchise fees for set-aside

April 24, 2006 City Attorney Opinion on City Auditor budget cuts

2005

August 12, 2005 City Attorney Opinion on adoption of budget and contracts for workforce investment

May 3, 2005 City Attorney Opinion on Central Station Wood Street development project

February 3, 2005 City of Oakland comments in response to notice of intent to prepare an EIS for the Lower Lake Rancheria Koi Nation casino-hotel project

2004

January 27, 2004 Proposed amendments to Oakland Municipal Code Chapter 2.04 to authorize City Council committee approval of contracts

2003

April 2, 2003 Opinion regarding amendment to City Council's Rules of Procedure on process for Mayor to exercise tie-breaking vote granted in city charter

February 4, 2003 Community funding organizations' role in public works of improvement

February 6, 2003 City Attorney Opinion regarding City Manager's powers with Clarifying addendum

Prior to 2003

April 25, 2002 What constitutes a drug-free zone?

February 26, 2002 'No parking' restrictions along Grizzly Peak

December 5, 2000 Legal basis for recovery of payments made to Sanjiv Handa (doing business as 'Information Center')

October 10, 2000 Opinion regarding the legality of proposed anti-predatory lending policy