Opinion No. (2005)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE TODD SPITZER, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: May a city council member place a business advertisement in the city's community services and activities brochure if the council member is charged the same rate as charged other business advertisers? CONCLUSION A city council member may place a business advertisement in the city's community services and activities brochure if the council member is charged the same rate as charged other business advertisers. ANALYSIS The question presented for resolution concerns the proposed placement of a full-page advertisement in a city's Community Services Brochure of Classes and Activities ("brochure") by a city council member who wishes to promote his private tutoring business. For the past 15 years prior to assuming office, the council member has placed an advertisement for his business in the brochure, which is published by the city four times each year. His current advertisement runs through the end of the year. May he continue to place his business advertisement in the brochure now that he is a member of the…