Opinion No. (2006)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE JOHN FELLOWS, CITY PROSECUTING ATTORNEY, CITY OF TORRANCE, has requested an opinion on the following questions: 1. May members of a city airport commission rent hangar space at the city airport if the space is rented on a first-come, first-served basis at set rates? 2. If so, to what extent may such commissioners participate in or attempt to influence the airport commission's or city council's consideration of proposed revisions to the hangar rental rate structure? CONCLUSIONS 1. Members of a city airport commission may rent hangar space at the city airport if the space is rented on a first-come, first-served basis at set rates. 2. Members of a city airport commission may not, absent a legal necessity, participate in or attempt to influence the commission's or city council's consideration of proposed revisions to a hangar rental rate structure if it is reasonably foreseeable that the decision will have a material effect, distinguishable from its effect on the public generally, on their respective finances. ANALYSIS We are informed that a city has an airport commission that reports and makes…