California Municipal Law Blog
by Derek P. Cole on July 27, 2015
posted in
Meetings, Recent Court Decisions,
What happens when a meeting agenda refers to the wrong legal authority for a closed-session item an agency considers? If it’s clear to the public what action the agency may take, there is no Brown Act violation. According to a recent court opinion, which dismissed a lawsuit as “hypertechnical,” a mistaken code reference used to describe a closed-session item does not prevent the agency from acting. (Castaic Lake Water Agency v. Newhall County Water District, published July 22, 2015.)
... Continue Reading
tags:
Agendas, Brown Act, Closed Sessions, Initiation of Litigation,
by William R. Galstan on July 20, 2015
posted in
Law Enforcement, Pitchess Motions,
The California Supreme Court has resolved questions that have arisen among police departments, city attorneys and district attorneys about their obligations to respond to criminal discovery requirements under the landmark decisions of Brady v. Maryland and Pitchess v. Superior Court.
The Brady case, generally, requires the prosecution to disclose material evidence that is favorable to the criminal defendant. Pitchess holds that peace officers are entitled to a measure of privacy, and that their personnel records can only be examined and disclosed after the filing of a “Pitchess motion”. ... Continue Reading
tags:
Brady v. Maryland, Criminal Discovery, District Attorney, Pitchess Motions, Pitchess v. Superior Court,
by David G. Ritchie on July 14, 2015
posted in
Employee Benefits, Sick Leave,
Governor Brown, on July 13 signed AB 304 into law thereby amending the Healthy Workplaces Healthy Families Act (the California Paid Sick Leave law). The changes address needed clarifications in the original text of the law and implement some significant changes. These are immediately effective as the law contains an urgency clause.
The Healthy Workplaces, Healthy Families Act requires employers to provide a limited amount of paid sick leave for most employees in California. Our earlier post that provides details of the original Act can be read here.
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tags:
ab 304, healthy workplaces healthy families act, PEPRA, public employment retirement law, Sick Leave,
by Derek P. Cole on July 13, 2015
posted in
Meetings,
Does the Brown Act sometimes get in the way of good government? According to the Little Hoover Commission, a think-tank agency that studies the performance of state government, the answer is yes. After comprehensively studying how the Brown Act regulates “serial meetings”—discussions that occur among more than two council or board members outside of a noticed public meeting—the Commission has published a report that finds that Act’s serial-meeting provisions may be impeding effective decision-making.
The Commission’s findings are interesting and, in this author’s opinion, probably ... Continue Reading
tags:
Brown Act, Little Hoover Commission, Report, Serial Meetings, Wolfe v City of Fremont,
by Derek P. Cole on June 16, 2015
posted in
Ethics,
Consultants are fixtures in the world of local government. Engineers, architects, lawyers, and many other professionals routinely contract with local agencies to provide a wide range of services. A recent court opinion, Davis v. Fresno Unified School District, warns the companies that employ these professionals of their potential for conflicts of interest.
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tags:
conflicts of interest, Public Contracting, Section 1090,
