The City Attorney’s Office makes many of its legal opinions available to the public. You can learn more about how the City Attorney’s Office goes about preparing these legal opinions in the following PDF memo:
To learn about why the City Attorney’s Office must often issue confidential legal opinions—and the reasons and procedures for doing so—you may review the Aug. 20, 2009 PDF memo entitled…
From 2002 to the present
Public opinions prepared under City Attorney Chiu and City Attorney Herrera are posted below, in reverse-chronological order.
- San Francisco v. Environmental Protection Agency US Supreme Court Case (October 4, 2024)
- List of City Boards, Commissions, and Advisory Bodies Created by Charter, Ordinance, or Statute (July 8, 2024)
- 2024 Political Activity by City Officers and Employees (July 1, 2024)
- Recusal and Disclosure Requirements for Commissioners (May 28, 2024)
- Mayoral Appointments Memo (please note that this memo updates and replaces previous memos on the same topic) (May 20, 2024)
- Airport Director Selection Process Memo (May 17, 2024)
- Budget Addbacks (please note that this memo updates and replaces previous memos on the same topic) (May 16, 2024)
- Memorandum on Proposition D – City Ethics Laws (April 15, 2024)
- Election Results and Effective Dates of Ballot Measures (March 21, 2024)
- Memorandum on Implementation of Proposition E (March 19, 2024)
- Memorandum on Assembly Bill 1114 (November 8, 2023)
- Memorandum on Senate Bill 423 (November 8, 2023)
- Budget Addbacks (please note that this memo updates and replaces previous memos on the same topic) (June 14, 2023)
- Legal Rules Governing Remote Participation by Members of Policy Bodies in Meetings Beginning March 1, 2023 (January 10, 2023)
- Election Results and Effective Dates of Ballot Measures (December 7, 2022)
- Housing Element Update Process (October 27, 2022)
- List of City Boards, Commissions, and Advisory Bodies Created by Charter, Ordinance, or Statute (October 24, 2022)
- Enforceability of Pre-Appointment Letters of Resignation (September 27, 2022)
- 2022 Political Activity by City Officers and Employees (September 6, 2022)
- Review of Ms. Leanna Louie’s Residency (August 26, 2022)
- Election Results and Effective Dates of Ballot Measures (June 30, 2022)
- Vacancy in the Office of District Attorney (June 9, 2022)
- Vacancy in the Office of District 6 Supervisor (April 21, 2022)
- Redistricting—Deadline and Process (April 19, 2022)
- Voting Rights Act Section 2 Analysis (March 14, 2022)
- New Behested Payment Legislation Advice to SFPUC (January 24, 2022)
- Non-United States Citizen Voting in School Board Elections Under 18 U.S.C. 611 (January 20, 2022)
- New Behested Payment Legislation (January 19, 2022)
- SOTF as a Policy Body requiring Compliance with the Mayor’s October 8, 2021 Order requiring Vaccination for policy body members (November 18, 2021)
- Deadlines for Responding to Public Records Requests Following the Termination of the Mayor’s March 2020 Emergency Orders (please note that this memo updates and replaces previous memos on the same topic) (November 16, 2021)
- Updated Advice Regarding Meetings of Policy Bodies during COVID-19 Emergency (please note that this memo updates and replaces previous memos on the same topic) (Sept. 28, 2021)
- Legal Requirements for Redistricting – 2021 (Sept. 27, 2021)
- Duties and Obligations of the Redistricting Task Force (Sept. 27, 2021)
- Recology – Gifts and Behested Payments (Aug. 10, 2021)
- Consolidation of a Special Municipal Election with a Gubernatorial Recall Election – Update (July 2, 2021)
- Use of the Investment Pool to Capitalize a Public Bank or Municipal Finance Corporation (June 29, 2021)
- Budget Addbacks (June 22, 2021)
- Outside Counsel for Advice Regarding Appointment of SFPUC General Manager (April 27, 2021)
- Consolidation of a Special Municipal Election with a Gubernatorial Recall Election (March 24, 2021)
- Establishment of the Public Works Commission, Sanitation and Streets Commission, and Department of Sanitation and Streets under Proposition B (Jan. 20, 2021)
- Election Results and Effective Dates of Ballot Measures (Dec. 3, 2020)
- 2020 Political Activity by City Officers and Employees Memo (please note that this memo updates and replaces previous memos on the same topic) (Sept. 4, 2020)
- Updated Advice Regarding Meetings of Policy Bodies During COVID-19 Emergency (please note that this memo updates and replaces a previous memo on the same topic) (June 5, 2020)
- Roles of the Board of Supervisors, Department of Public Health, Director of Public Health, Health Commission, and County Health Officer (May 20, 2020)
- City Power to Commandeer Private Property for COVID-19 Emergency Purposes (April 13, 2020)
- Updated Advice Regarding Meetings of Policy Bodies During COVID-19 Emergency (April 10, 2020)
- Election Results and Effective Dates of Ballot Measures (April 2, 2020)
- Temporary Modifications to Public Records Laws During COVID-19 Local Emergency (please note this memo is superseded by the City Attorney’s November 16, 2021 memorandum) (March 30, 2020)
- Authority of the Mayor, Board of Supervisors, and Health Officer in an Emergency (March 25, 2020)
- Meetings of Policy Bodies During Local COVID-19 Emergency (March 24, 2020)
- Election Results and Effective Dates of Ballot Measures (Nov. 27, 2019)
- 2019 Political Activity by City Officers and Employees Memo (please note that this memo updates and replaces previous memos on the same topic) (Oct. 1, 2019)
- New City Conflict of Interest and Ethics Laws (March 15, 2019)
- Validity of State Administrative Rule Purporting to Preempt Local Regulation of Cannabis Deliveries (Feb. 1, 2019)
- Election Results and Effective Dates of Ballot Measures (Nov. 27, 2018)
- Mayoral Appointments Memo for 2018 (July 11, 2018)
- Election Results and Effective Dates of Ballot Measures (June 28, 2018)
- Application of the California Voter Participation Rights Act to San Francisco (March 21, 2018)
- Timing of Mayoral Transition After June 5, 2018 Special Election (March 9, 2018)
- District 2 Vacancy — Election Date and Term Limits (Jan. 30, 2018)
- 2018 Political Activity by City Officers and Employees Memo (please note that this memo updates and replaces previous memos on the same topic) (Jan. 16, 2018)
- Board President’s Duties as Acting Mayor (Jan. 12, 2018)
- Mayoral Succession (Dec. 12, 2017)
- Voting Threshold for Initiative Tax Measures (Oct. 17, 2017)
- Public Records on Personal Electronic Devices (March 24, 2017)
- Election Results and Effective Dates of Ballot Measures (Nov. 18, 2016)
- 2016 Political Activity by City Officers and Employees Memo (please note that this memo updates and replaces previous memos on the same topic) (Sept. 6, 2016)
- Election Results and Effective Dates of Ballot Measures (June 27, 2016)
- Port Director Selection Process (March 14, 2016)
- Swearing-in Dates Following Vacancy Elections (Nov. 4, 2015)
- 2015 Political Activity by City Officers and Employees Memo (please note that this memo updates and replaces previous memos on the same topic) (Sept. 8, 2015)
- Public Calendar Requirements for Elected Officials and Departments Heads (Aug. 7, 2015)
- 2014 Political Activity by City Officers and Employees Memo (please note that this memo has been replaced by a subsequent memo on the same topic) (Sept. 3, 2014)
- Mayoral Appointments Memo for 2014: A summary of legal requirements for appointment of members to boards and commissions and certain other entities; removal and other related matters; appointment and removal of department heads under those boards and commissions; and mayoral voting seats on certain boards and commissions and other entities (Aug. 18, 2014)
- Ballot arguments regarding Proposition B for the June 3, 2014 Election: Memorandum to Director of Elections John Arntz (March 18, 2014)
- San Francisco Planning Department Memo on Amendments to S.F. Admin. Code Ch. 31, California Environmental Quality Act (CEQA) Procedures. Sponsor: Sup. Wiener. (Sept. 25, 2013)
- 2013 Political Activity by City Officers and Employees Memo (please note that this memo updates and replaces previous memoranda on the same topic) (Sept. 3, 2013)
- Memorandum: “Validity of Initiative Petition Entitled ‘8 Washington Parks, Public Access and Housing Initiative’ ” to San Francisco Department of Elections Director John Arntz (July 22, 2013)
- Prop 8 case memorandum “Hollingsworth v. Perry Possible Outcomes and Next Steps” to Assessor-Recorder Carmen Chu and Director of the San Francisco County Clerk’s Office Karen Hong Yee (June 11, 2013)
- 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 (Jan. 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 and 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 resopnse 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
- Political Activity by City Officers and Employees (please note that this memo updates and replaces previous memoranda on the same topic), Sept. 19, 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,
- 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 on 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 2006 (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
- Asian Art Museum Commissioner Residency Requirements, April 19, 2005
- Role of Fire Commission in Mid-Year Budget Cuts, Dec. 14, 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 Partner Ordinance, July 22, 2004
- Authority of the Board of Supervisors or a Commitee of the Board to Overrule the Mayor’s Disapproval 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 Activities 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 2002, 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
Historical Archive of Published City Attorney Opinions
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.
- Application of Collective Bargaining Charter Amendment to City Officers, December 23, 1991
- Controller’s Authority of School District Funds, November 20, 1991
- Law Governing Qualifications for Candidates for San Francisco Sheriff, July 12, 1991
- Adoption of Annual Appropriation Ordinance, July 19, 1990
- Voluntary Salary Reductions, June 22, 1990
- Administrative Powers of the Parking and Traffic Commission, January 22, 1990
- Possible Interference in Administrative Affairs by Supervisor – Members of Advisory Task Force, December 16, 1988
- General Advertising in Recreation and Park Department Gymnasiums, November 30, 1988
- Authority of Legislature to Establish Number of Signatures Required to Qualify Local Measure for the Ballot, October 6, 1988
- Applicability of Administrative Code Section 3.13 (Art Enrichment Ordinance) to Recreation and Park Commission Projects, March 15, 1988
- Authority of the Public Utilities Commission (“PUC”) and Its Staff to Settle Civil Lawsuits and Unlitigated Claims Filed Against the City and County of San Francisco (“City”), January 26, 1988
- Applicability of Administrative Code Chapters 12B and 12C to Agreement for the use of Candlestick Park for Papal Mass, October 19, 1987
- Marina Small Craft Harbor Revenues, August 18, 1987
- Power of the Board of Permit Appeals to Authorize Dwelling Units Not Complying with Current Planning Code Requirements, August 10, 1987
- Duty of SFUSD to Provide Medical Examinations to Employees and Students When Asbestos is found in School Buildings, July 21, 1987
- Authority of the War Memorial Board of Trustees to Adopt a Blanket Policy Regarding Abstention, July 17, 1987
- Sanitation Requirements for Vending Machines, July 2, 1987
- Berth Fees at the San Francisco Yacht Harbor, July 2, 1987
- War Memorial Board of Trustees’ Hearing on Charges of Discrimination Against the American Legion War Memorial Commission Filed by Alexander Hamilton Post 448 of the American Legion, June 1, 1987
- Health Service Benefits for Surviving Spouses, May 20, 1987
- Applicability of Salary Standardization Ordinance to Community College, May 7, 1987
- Constitutionality of Police Code Section 685, May 6, 1987
- Disclosure of Departmental Disciplinary Charges, April 20, 1987
- Jurisdiction of the Art Commission Over Recreation and Park Commission Projects, March 27, 1987
- Legal Status of Patrol Special Police Officers Appointed Pursuant to Section 3.536 of the San Francisco Charter, March 9, 1987
- Recalculation of Charter Section 3.530-2 Budget “Cap” for Office of Citizens Complaints, February 23, 1987
- Interpretation of Self-Insurance Provisions of Police Code Section 1080.2, January 15, 1987
- Simultaneous Participation By Superior Judges in State and Local Health Care Systems, January 13, 1987
- Qualification of Retired Employees For Lifetime Health Service Benefits, January 13, 1987
- Succession to the Office of Mayor: Powers of Acting Mayor; Eligibility ofSupervisors to Succeed to Office of Mayor and to Participate in Selection to Fill Vacancy in that Office; Number of Votes Required for Majority, December 4, 1978