The below legal opinions are provided to the City Council and the Mayor to clarify policy and legal questions.
July 14, 2016 City Clerk’s Attendance at Closed Session to Record Actions
October 20, 2015 Does the Mayor have the authority to issue executive orders?
June 22, 2015 When is the Mayor Absent under City Charter Section 306?
August 21, 2015 PEC Case 14-11 Opinion re: commisioners amendments on the floor and Brown Act & Sunshine Ordinance
June 17, 2015 Recusal Requirements on Matters Involving Contractors Who Make Campaign Contributions to Elected Officials During Contract Negotiation
December 27, 2013 What is the procedure for the City Council's Coliseum JPA Board Representatives to cast votes on behalf of the City?
October 25, 2013 Whether the Council has the power to direct staff under the City Administrator's jurisdiction to address agenda items and answer questions at City Council and Committee meetings
July 11, 2013 City Council censure laws and procedures
April 26, 2013 Legal Requirements and Legal Status Report Regarding the City of Oakland's 2013 Redistricting Effort
April 22, 2013 Update on opinion advising that email and text messages on private devices regarding City business are disclosable public records
July 17, 2012 City's authority to exclude Goldman Sachs from future contracts with the City
April 30, 2012 Applicability of Ranked Choice Voting to Tabulation of Votes to Replace a Recalled Municipal Official
April 16, 2012 Does the Public Records Act Allow the City to Require that Public Records Requestors Fill Out a Form or Submit Requests in Writing?
March 22, 2012 Memo to All Staff: City Council Non-Interference in Administrative Affairs
December 19, 2011 Legal implications of two recall petitions
November 22 Disclosure of text and email messages under California Public Records Act
October 26 Applicability of Brown Act/Sunshine Ordinance to Budget Committee of the Oakland Workforce Investment Board
June 2 SF City Attorney's Office Opinion: Timing of a Possible Special Election for the Oakland City Attorney
May 4 Succession of the City Attorney
September 28, 2010 Independent expenditure committees and the expenditure ceiling for candidates - determining if the trigger amounts have been met
September 2, 2010 Independent expenditure committees and the expenditure ceiling for candidates
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
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?
March 31, 2009 Budgeting Measure Y Funds to Pay Police Officers Assigned to Neighborhood Beat Positions that the City Filled Before the Voters Approved Measure Y
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
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
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 19, 2007 Brown Act - Court Okays Staff Communications with/Briefings of a Quorum of the Council So Long as the Staff Do NOT Advise Councilmembers of Other Councilmembers' Views
March 1, 2007 City Auditor's duty to perform audits that were due before term commenced
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
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
January 27, 2004 Proposed amendments to Oakland Municipal Code Chapter 2.04 to authorize City Council committee approval of contracts
June 13, 2003 Addendum clarifying February 6 opinion regarding City Manager's powers
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
February 7, 2000 Permissibility of Accepting Contributions from Partners of Firms Doing Business with the City of Oakland