When he first took office in January 2002, City Attorney Dennis Herrera re-established the practice of making many of his office's legal opinions available to the public. Public opinions prepared during Herrera's tenure in office are posted below.
To learn more about how the City Attorney's Office goes about preparing these legal opinions, you may download the PDF entitled "Procedures and Guidelines for Issuing City Attorney Opinions." And to learn more about when the City Attorney's Office issues confidential legal opinions and the reasons and procedures for doing so, you may review the PDF entitled "Disclosure of Attorney-Client Privileged Advice from the City Attorney's Office" from Aug. 20, 2009.
Legal Opinions and Notable Memos 2002-Present
- Election Results and Effective Dates of Ballot Measures (Nov. 6, 2012)
- Political Activity by City Officers and Employees (please note that this memo updates and replaces previous memoranda on the same topic) (Sept. 4, 2012)
- Gift Rules Regarding the City'S Distribution of Tickets and Passes, memorandum to all city elected officials (June 22, 2012)
- Impact of Redistricting on Supervisors' Residency Requirements and Term Limits, memorandum to the members of the Redistricting Task Force; Director of Elections John Arntz; and Clerk of the Board of Supervisors Angela Calvillo (January 9, 2012)
- Political Activity by City Officers and Employees (please note that this memo updates and replaces previous memoranda on the same topic) (Aug. 17, 2011)
- Legal requirements for redistricting (please note that this memo updates and replaces previous memoranda on the same topic) (Aug. 16, 2011)
- A "Title & Summary" is not a "Ballot Digest." More confusion in 2011 -- much like the very same confusion in 2010 -- over retirement measures offers a teachable moment for how a "Title & Summary" differs from a "Ballot Digest." (April 6, 2011)
- Designation of Assistant Chief Godown to fulfill the duties of Chief of Police (Jan. 12, 2011)
- Impact of Proposition 26: Initiative State Constitutional Amendment that imposes a new requirement for voters to approve certain local fees and charges (Nov. 17, 2010)
- Election Results and Effective Dates of Ballot Measures (Nov. 2, 2010)
- Qualifications for Members of the Board of Appeals (Oct. 6, 2010)
- Political Activity by City Officers and Employees (please note that this memo updates and replaces previous memoranda on the same topic) (Sept. 9, 2010)
- Retention of Outside Counsel for Mayoral Succession Issues, memorandum from Chief Assistant City Attorney Jesse Capin Smith to Mayor Newsom, San Francisco Board of Supervisors and Clerk of the Board of Supervisors (Sept. 7, 2010)
- Legal Advice on Matters Concerning the 2011 Mayor's Race, memorandum from City Attorney Dennis Herrera to San Francisco elected officials and certain commissioners (Aug. 27, 2010)
- City Attorney's Office's response to the June 24, 2010 Civil Grand Jury report entitled "Pension Tsunami - The Billion Dollar Bubble" (Aug. 10, 2010)
- City Attorney's letter to the Hon. Presiding Judge McBride re: Civil Grand Jury Letter Dated June 8, 2010 Requesting Advice Regarding the City's Retirement System (June 14, 2010)
- Legal Requirements for Appointment of Members to Boards and Commissions and Certain other Entities, Removal and Other Related Matters, (Feb. 12, 2010)
- Political Activity by City Officers and Employees (please note that this memo updates and replaces previous memoranda on the same topic), Sept. 3, 2009
- Disclosure of Attorney-Client Privileged Advice from the City Attorney's Office, Aug. 20, 2009
- Civil Service Commission's Remedial Authority in Discrimination Appeals, March 31, 2009
- Foreclosure of rental housing properties; rights of tenants under the San Francisco Rent Control Ordinance to stay in their units, and rights of tenants to continued utility service, Jan. 16, 2009
- Reporting Gifts to City Departments, Nov. 17, 2008
- Political Activity by City Officers and Employees (please note that this memo updates and replaces previous memoranda on the same topic), Sept. 19, 2008
- Parsons and the WSIP Program Management Agreement (Agreement No. CS-940), Aug. 4, 2008
- Memorandum on Undocumented Youth Detained in the Juvenile Justice System, July 1, 2008 (see also, PDF of the City Attorney Memorandum entitled Applicability of Sec. 12H.2-1 of the Administrative Code to Wards of the Juvenile Court, Feb. 7, 1994)
- Memorandum to Sup. Alioto-Pier re: Application of Term Limits (Feb. 6, 2008)
- Eighth Annual Report of the Supervisor of Records, Oct. 1, 2006 - Sept. 30, 2007, Nov. 21, 2007
- Laws Governing Resignations of Appointed City Officers, Sept. 21, 2007
- Memorandum: Political Activity by City Officers and Employees (please note that this memo has been replaced by a more recent edition), Sept. 20, 2007
- Binding Effect of Proposition I, a Declaration of Policy Regarding the Mayor's Appearance at the Board of Supervisors, Jan. 10, 2007
- Memorandum re: Supreme Court decision in Copley Press, Inc. v. Superior Court; Police Commission disciplinary proceedings, Sept. 19, 2006
- Validity of Referendum Petition Filed Against the Bayview Hunters Point Redevelopment Plan, Ordinance No. 113-06, Sept. 19, 2006
- Providing Electronic Records in PDF Rather than Word Format When Responding to a Public Records Request, Sept. 19, 2006
- Guidelines for Redacting Information from Plans Created by the City to Anticipate and Respond to Emergencies Created By Terrorist or Other Criminal Activity, Sept. 15, 2006
- Memorandum on Political Activity by City Officers and Employees (please note that this memo has been updated and replaced by subsequent memoranda on the same topic), Aug. 26, 2006
- Explanation of laws applicable to the governance of the Parking Authority and options for establishing a closer relationship between the Parking Authority and the Municipal Transportation Authority, Aug. 8, 2006
- Statement of Economic Interest Filing Requirements for Consultants, June 13, 2006
- Financial Conflict Laws Affecting Pedestrian Master Plan Project Advisory Committee Members, Mar. 30, 2006
- Memorandum on Political Activity by City Officers and Employees (please note that this memo has been updated and replaced by a subsequent memorandum on the same topic), Mar. 23, 2006
- Full-Time or Continuous Driving as an Essential Eligibility Requirement for Taxi Permits, Dec. 9, 2005
- Compelling the Mayor's Attendance at Board Meetings, Dec. 9, 2005
- Memorandum on Political Activity by City Officers and Employees (please note that this memo has been updated and replaced by a subsequent memorandum on the same topic), Sept. 7, 2005
- The Authority of the Public Library to Name Its Buildings or Facilities Within Its Buildings, July 22, 2005
- A Brief History of Elections Administration in San Francisco, July 6, 2005
- Powers and Duties of the San Francisco Elections Commission, July 1, 2005
- Role of Fire Commission in Mid-Year Budget Cuts, Dec. 14, 2004
- Asian Art Commission Residency Requirements, Aug. 16, 2004
- Memorandum: Political Activity by City Officers and Employees (please note that this memo has been updated and replaced by a subsequent memorandum on the same topic), Aug. 2, 2004
- Appointment of New Executive Director to the Treasure Island Development Authority, July 23, 2004
- Interpretation of Domestic Partnership Ordinance, July 22, 2004
- Authority of the Board of Supervisors or a Committee of the Board to Overrule the Mayor's Dissaproval of a Requisition for a Position under Certain Elected Officials, Apr. 21, 2004
- Authority of the Board of Supervisors to Reject Mayoral Appointments to the Small Business Commission, Apr. 21, 2004
- Processing Write-In Votes, Mar. 23, 2004
- Participation by a Council Member at a Committee Meeting of which the Council Member is not a Member, Jan. 16, 2004
- Memorandum to Sup. Ammiano re: Application of Term Limits, Jan. 7, 2004
- Memorandum: Client of the City Attorney, Dec. 12, 2003
- Appointments by Acting-Mayor Daly, Nov. 10, 2003
- Public Utilities Commission's "Exclusive Charge" Under Prop. E, Aug. 29, 2003
- Prohibition on Political Activity by City Officers and Employees (please note that this memo has been replaced by a more recent edition), Aug. 25, 2003
- Implementation of Instant Runoff Voting (Proposition A, March 5, 2002), July 15, 2003
- Updated Checklist of Notice/Agenda/Minutes Requirements, Feb. 6, 2003
- The Roles of the Commission on the Status of Women, Individual Commissioners and the Department Head, Jan. 30, 2003
- Definition of Elections Official, Oct. 4, 2002
- Political Activites by City Officers and Employees (please note that this memo has been replaced by a more recent edition), Sept. 3, 2002
- Application of Charter Section 9.118(b), May 31, 2002
- Closed Session to Evaluate Performance and Discuss Possible Action Regarding Dismissal of a Public Employee under the Open Meeting Laws, Apr. 22, 2002
- Legal Requirements Governing the Budget for the San Francisco Local Agency Formation Commission, Apr. 16, 2002
- Legal Requirements for Redistricting, Feb. 15, 2002
- Use of Photocopied Absentee Ballots, Feb. 11, 2002
- Political Activities By City Officers and Employees (please note that this memo has been replaced by a more recent edition), Feb. 1, 2002
- Summary of Legal Requirements for Mayoral Appointments of Members to Boards and Commissions, Removal and Other Matters Relating to Such Boards and Commissions, and Mayoral Seats on Boards and Commissions, Feb. 1, 2002 (Please note: This memorandum is superseded by the March 31, 2004 memorandum).
- Presidio Taxes, Jan. 29, 2002
Prior to 1992, the City Attorney's Office issued numbered public legal opinions. Opinions issued before 1987 were published in bound volumes, which are available at the San Francisco Public Library. The historical archive of published City Attorney Opinions provided here is comprised of scanned versions, in Adobe Acrobat PDF, of public numbered opinions dating prior to 1992 that were not published in bound volumes. It is important to note that the conclusions and analyses in those earlier opinions may no longer apply due to changes in the law or facts, or because they have been otherwise superseded. Accordingly, readers are cautioned not to rely on those opinions.
