Client Alerts
2013
Municipal and Special District Law
- Agency May Inadvertently Obligate Itself to Pay Employee Criminal Defense CostsDecember 27, 2013On December 23, 2013, the Court of Appeal decided a case that has important implications for how public agencies go about providing a defense to employees sued for acts or omissions related to their employment. In Lexin v. City of San Diego, the Court ruled that a broadly worded resolution passed by the San Diego City Council required the City of San Diego ("City") to pay for the ... read more
- Governor Brown Signs and Vetoes Important Employment BillsOctober 14, 2013Over the weekend, Governor Jerry Brown capped off this year's legislative session by signing or vetoing the remaining bills on his desk. The following is a brief summary of the most notable labor and employment related bills from the past session relevant to public agencies:
Bills Signed By Governor
AB 537 (Bonta) makes two changes to the Meyers Milias Brown Act (MMBA). First, the bill ... read more
- New Legislation Grants Authority to FPPC as to Government Code Section 1090October 7, 2013Effective January 1, 2014, California’s Fair Political Practices Commission (“FPPC”) will be able to provide advice to public officials and employees about Government Code Sections 1090 et seq. (“Section 1090”), the prohibition on self-dealing in making a contract. In addition, the FPPC will for the first time be able to seek civil and administrative fines for violations of ... read more
- Federal Government Adds Further Haze to Issues Surrounding Legalization of MarijuanaSeptember 3, 2013On August 29, 2013, U.S. Attorney General James Cole issued a memorandum (“Memorandum”) to federal prosecutors providing guidance on marijuana enforcement under the federal Controlled Substances Act.
Consistent with the previous limited federal enforcement efforts on users of marijuana for medical purposes, the read more
- Charter School’s Constitutional Right to Due Process Of Law Not Violated When County Office of Education Oversees and Investigates Charter School and County Board of Education Votes On The Charter RevocationJuly 17, 2013In Today’s Fresh Start, Inc. v. Los Angeles County Office of Education et. al, the California Supreme Court unanimously affirmed a Court of Appeals ruling that the procedures established in the Education Code charging county superintendents, offices of education, and their governing board with oversight of charter schools, including conducting investigations and charter revocation ... read more
- Fifth District Court of Appeal Holds That Privileged Documents Shared Between Applicants and Agencies During The CEQA Administrative Process Are Not Protected From Disclosure and Inclusion In The Administrative RecordJuly 9, 2013In an opinion with potentially significant consequences for the preparation of EIRs and other environmental review documents under CEQA, the Fifth District Court of Appeal (Fresno) has ruled in Citizens for Ceres v. City of Ceres that any attorney-client privilege or work product protection which initially attaches to a document is waived if that document is shared, prior to project ... read more
- Appellate Court Clarifies Agenda Requirements Under Brown ActJune 12, 2013On May 31, in San Joaquin Raptor Rescue Center v. County of Merced, the Fifth District Court of Appeal issued an opinion holding that the Merced County Planning Commission violated the Brown Act by failing to post a sufficiently specific agenda prior to consideration of a subdivision proposal. The Commission posted an agenda for its meeting that included the potential approval of a ... read more
- Appellate Court Clarifies Meaning of “Regularly Scheduled Election” for Placement of General Tax Measures under Proposition 218May 17, 2013It's a fairly common occurrence for cities and counties: the general election for the legislative body may be cancelled for various reasons, but the local agency also wants to place a general tax measure on the ballot, and Article XIIIC, section 2(b) of the California Constitution requires that an election on a general tax must be "consolidated with a regularly scheduled general election for ... read more
- Appellate Court Holds that Due Process Prevents Partners From the Same Law Firm From Serving as Adviser and Advocate on Contested HearingsApril 22, 2013The Second District Court of Appeal, in Sabey v. City of Pomona (B239916), remanded a decision related to discipline of a police officer on the basis that his due process rights were violated when one partner from a law firm represented the Police Department in the officer's arbitration matter, and a different partner from the same firm represented the city council in the officer's ... read more
- Court of Appeal Makes It More Difficult for Local Agencies Other than Cities to Obtain Voter Approval of Parcel TaxesApril 4, 2013With increasing frequency in the last several years, school districts around the state have been relatively successful in obtaining voter approval of parcel taxes. The First District Court of Appeal’s recent decision in Borikas v. Alameda Unified School District (2013) 214 Cal.App.4th 135 is significant because absent legislative action it will constrain the ability of school ... read more
- State Supreme Court to Consider Whether Ballot Initiative Process Can Bypass CEQAFebruary 19, 2013The California Supreme Court has unanimously decided to accept review of Tuolumne Jobs & Small Business Alliance v. Superior Court. The plaintiff alleges that the City of Sonora violated CEQA when it adopted a voter-sponsored initiative as an ordinance to approve expansion of a Wal-Mart into a 24-hour “supercenter” without submitting the measure to a popular vote and without ... read more
Labor and Employment
- State Anti-Spiking Law Survives Vested Rights Challenge, With Narrow LimitsDecember 19, 2013In 2012, the California Legislature passed and the governor signed into law AB 197, which amended the County Employees Retirement Law of 1937 (CERL) to prohibit "spiking" of the final compensation figure upon which pensions are based. Specifically, AB 197 specifies certain categories of compensation that may not be included in the calculation of final compensation.
In November 2012, public ... read more
- Appellate Court Suggests Grievance Arbitration May Be Exclusive Remedy for FEHA ClaimsNovember 8, 2013In Volpei v. County of Ventura, 2d Civil No. B243954, the Second Appellate District of the California Court of Appeal on Thursday (November 7) denied the County’s petition to compel arbitration, holding that a grievance provision in a collective bargaining agreement did not prevent a County employee from filing a lawsuit alleging claims of retaliation, harassment and discrimination ... read more
- California Supreme Court Orders Disclosure by Public Agencies of Employee Home Addresses and Telephone Numbers to Representative Labor UnionsMay 31, 2013County of Los Angeles v. Los Angeles Employee Relations Commission; Service Employees International Union, Local 721, Real Party in Interest, Supreme Court No. S191944 (May 30, 2013)
In a unanimous decision authored by Justice Corrigan, the California Supreme Court ruled that Los Angeles County must disclose home phone numbers, and home addresses, of employees who are ... read more
- Ninth Circuit Permits Plaintiffs One More Chance to Amend Retiree Healthcare LawsuitFebruary 28, 2013The Ninth Circuit has reversed the District Court’s dismissal of a lawsuit brought by retired employees against their former employer seeking to avoid the reduction of retiree healthcare benefits. In Sonoma County Ass’n of Retired Employees v. Sonoma County, No. 10-17873 (9th Cir. Feb. 25, 2013), the Ninth Circuit cited and relied on the California Supreme Court’s recent holding ... read more
- U.S. Supreme Court to Determine the Meaning of “Changing Clothes”February 26, 2013The U.S. Supreme Court has agreed to hear a private sector "donning and doffing" case. In Sandifer v. United States Steel, the plaintiff steel factory employees assert that the FLSA requires they be paid for time spent changing into and out of protective gear, specifically "flame retardant pants and jacket, work gloves, metatarsal boots, a hard hat, safety glasses, ear plugs, and a ... read more
- Court Approves Pregnancy Discrimination Action Under FEHA Even After Exhaustion of Required PDLL LeaveFebruary 25, 2013In a case of first impression, the Court of Appeal (Second District) found that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), may nevertheless state a cause of action for discrimination under the California Fair Employment and Housing Act (FEHA). (Sanchez v. Swissport, Inc., 2013 Cal. App. LEXIS 131 (Cal. Ct. App. 2d ... read more
Environmental Law
- Court of Appeal Issues Narrow Opinion on Subvention for Municipal Stormwater Permit RequirementsOctober 18, 2013The California Court of Appeal recently issued the first published decision that adjudicates a municipal stormwater test claim on the merits. In State Department of Finance et al. v. Commission on State Mandates, the Court of Appeal held that municipal ... read more
- Governor Brown Signs AB 440October 8, 2013Does your city have a contaminated, boarded-up, abandoned, graffiti- and trash-encrusted property sitting in the middle of what was a vibrant and busy area? In the good old days (pre-2012, that is), redevelopment agencies could compel cleanup of contaminated properties in redevelopment project areas using the Polanco Redevelopment Act. Akin to a nuisance action, the redevelopment agency would ... read more
- U.S. Supreme Court Reverses Ninth Circuit Ruling on Municipal Storm Water DischargesJanuary 14, 2013Good news for owners and operators of municipal separate storm sewer systems, also known as “MS4s.” In Los Angeles County Flood Control District v. Natural Resources Defense Council, the U.S. Supreme Court held that storm water flowing from an improved, channelized portion of a ... read more
Land Use
- The Supreme Court Expands the Nollan/Dolan StandardAugust 22, 2013The United States Supreme Court's recent decision in Koontz v. St. Johns River Water Management Dist.has broad implications for state and local governments attempting to work with developers to find mutually agreeable solutions that will mitigate the impacts ... read more
- Bay Area Air District CEQA Significance Thresholds Survive Legal ChallengeAugust 14, 2013In California Building Industry Association v. Bay Area Air Quality Management District (BAAQMD), the Court of Appeal upheld BAAQMD’s adoption of significance thresholds under the California Environmental Quality Act (CEQA) for air quality impacts. The trial court had struck down the Thresholds for failure of BAAQMD to conduct environmental review under CEQA.
The Court ruled that ... read more
- California Supreme Court Holds Local Governments May Ban Medical Marijuana DispensariesMay 8, 2013On May 6, 2013, the California Supreme Court issued the long awaited decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. et al., (S198638) upholding the ban by the City of Riverside ("City") on medical marijuana collectives, cooperatives and dispensaries ("dispensaries"). The Court held that the City's ban on medical marijuana dispensaries was not ... read more
- Superior Court Finds CEQA’s Fast-Track Provisions UnconstitutionalApril 15, 2013On April 9, 2013, the Superior Court for the County of Alameda, the Honorable Judge Frank Roesch presiding, issued a statement of decision in Planning and Conservation League et al., v. State of California and the California State Controller, Case No. RG12-626904, invalidating CEQA's "fast-track" provisions in Public Resources Code section 21185(a)(1). The statute provides, for certain ... read more
- Fourth Draft of Statewide Industrial Storm Water Permit Available for Public CommentJuly 23, 2013On Friday, July 19, the State Water Resources Control Board ("State Water Board") issued the latest draft of the Statewide General National Pollutant Discharge Elimination System ("NPDES") Permit for the Discharge of Storm Water Associated With Industrial Activities (the "IGP"). The IGP is issued under the federal Clean Water Act and state law to regulate operators of industrial facilities that ... read more
California Public Records Act
- Supreme Court Clarifies Distinction Between GIS Data And Software Under The Public Records ActJuly 15, 2013In Sierra Club v. The Superior Court of Orange County, the California Supreme Court ruled last week that data in a geographic information system (“GIS”) file format is a public record subject to disclosure under the California Public Records Act (“CPRA”, Government Code section 6250 et seq.). The Supreme Court explained that, although GIS mapping software falls within ... read more
- Appellate Court Explains “Balancing Test” Under California Public Records ActApril 5, 2013A California Court of Appeal recently affirmed the lower court's decision to deny the release of documents relating to academic research under the "catch-all" exemption of the California Public Records Act ("CPRA"). SeeHumane Society of the United States v. Superior Court of Yolo County (Regents of the University of California), filed March 27, 2013, C067081. Under the "catch-all" ... read more
- Superior Court Rules CPRA Requires Disclosure of Private Emails and Text MessagesMarch 21, 2013A Santa Clara County Superior Court judge ruled this week that the California Public Records Act ("the Act") requires City officials to turn over private emails and texts messages related to City business.
The decision, although not binding in other jurisdictions, sends a strong message that attitudes may be ... read more
First Amendment
