Opinion No. (2006)
Opinion
Lead Opinion
BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE CALIFORNIA STATE TEACHERS' RETIREMENT SYSTEM has requested an opinion on the following question: May the California State Teachers' Retirement System make a deduction from a member's retirement allowance and redirect the amount to a political action committee at the member's request? CONCLUSION The California State Teachers' Retirement System may make a deduction from a member's retirement allowance and redirect the amount to a political action committee at the member's request so long as the California State Teachers' Retirement System requires the political action committee to pay for any additional administrative costs involved in redirecting the funds. ANALYSIS As a general rule, public agencies are prohibited from using public funds to promote a politically partisan position, the election of a particular candidate, or the passage or rejection of a ballot initiative. (See Stanson v. Mott (1976) 17 Cal.3d 206 , 216-219 ; Mines v. Del Valle (1927) 201 Cal. 273 , 287 ; League of Women Voters v. Countywide Crim. Justice Coordination Com. (1988) 203 Cal.App.3d 529 , 543-544 ; 88 Ops.Cal.Atty.Gen. 46 , 47…