Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY S. Da VIGO Deputy Attorney General THE HONORABLE TOM McCLINTOCK, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: After residents of a community have petitioned to have their community detached from a city, does the authority of the city council to terminate the detachment proceedings violate the constitutional right of the residents to petition the government for the redress of grievances? CONCLUSION After residents of a community have petitioned to have their community detached from a city, the authority of the city council to terminate the detachment proceedings does not violate the constitutional right of the residents to petition the government for the redress of grievances. ANALYSIS Pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Gov. Code, §§ 56000 - 57550 ; "Act"), 1 the residents of a community may petition to have their community detached from a city. (§§ 56650 , 56700 .) The petition must be signed by at least 20 percent of the registered voters residing in the community. (§ 56754 , subd. (a).) The petition is filed…