Opinion No. (2002)

BILL LOCKYER Attorney General THOMAS S. LAZAR Deputy Attorney General THE HONORABLE MARGUERITE P. BATTERSBY, City Prosecutor, City of Calimesa, has requested an opinion on the following question: May the members of the board of directors of a public transit agency accept passes for free transportation on the agency's buses in order to perform their duties of monitoring the agency's transportation services? CONCLUSION Members of the board of directors of a public transit agency may accept passes for free transportation on the agency's buses in order to perform their duties of monitoring the agency's transportation services. ANALYSIS Article XII, section 7 of the Constitution provides in part: "A transportation company may not grant free passes or discounts to anyone holding an office in this State; and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office." We are advised that a joint powers agency (see Gov. Code, §§ 6500 - 6599.2 ), consisting of 14 cities and a county, operates a public bus system in Southern California. May the agency's directors be given free bus passes in order to…