Legal Opinions
The below legal opinions are provided to the City Council and the Mayor to clarify policy and legal questions.
2010
May 27, 2010 Minimum Budget Requirements for City Auditor's Office Under the Oakland City Charter
Report from MGT of America, Inc.
Request for legal opinion
May 20, 2010 Adoption of City of Oakland Fiscal 2010-11 Budget Based on Passage of a Future Tax Increase
April 20, 2010 Analysis of Change to Contribution Limit for Candidates Who Agree to Voluntary Expenditure Limit
January 13, 2010 Advisory on Case on Ballot Measure Campaigning
2009
December 16, 2009 City's Legal Obligation to Implement Ranked Choice Voting
October 15, 2009 Legal Questions Related to Annual Report on Travel
August 25, 2009 Who Has the Power to Make or Confirm Appointments to City Boards and Commissions?
February 17, 2009 Calculation of Seniority for Councilmembers
February 5, 2009 Applicability of Anti-Nepotism Ordinance No. 12908's Cronyism Provision to Mayoral Appointment of City Administrator - read the complaint that prompted the opinion
January 27, 2009 City Administrator's Emergency Contracting Authority
January 9, 2009 City authority to regulate filming activities for HBO production on prostitution
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 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 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 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
June 13, 2003 Addendum clarifying February 6 opinion regarding City Manager's powers
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