California Municipal Law Blog

Court Holds Outside-Counsel Billing Invoices Need not be Disclosed under Public Records Act

by on April 27, 2015

posted in Public Records Act,

In a ruling that probably surprised many people, the Los Angeles-based Second District Court of Appeal held this month that attorney billing records need not be produced under the California Public Records Act (“CPRA”).   The appellate court overturned a lower court ruling that found outside counsels’ litigation-billing invoices were public records that must be disclosed. In County of Los Angeles Board of Supervisors v. Superior Court, a lawsuit that originated with a public-records request made by the American Civil Liberties Union (“ACLU”), the court found itself caught between competing ... Continue Reading

tags: ACLU, Attorney Billing Records, Attorney-Client Privilege, Outside Counsel, Public Records Act,

State Water Board Releases Draft Regulation to Implement Governor’s Executive Order Concerning Water Conservation

by on April 24, 2015

posted in Administrative Regulations, Water,

On April 1, 2015, in response to the worsening drought conditions in California, the Governor declared a State of Emergency and issued Executive Order B-29-15 (“Order”). The drought is considered the worst in California’s history and the State will be required to recover 11 trillion gallons of water to overcome the severity of this crisis.  The Governor’s Order is extensive, requiring water use reductions from businesses, water suppliers, and everyday citizens. On April 21, 2015, the State Water Resource Board (“Water Board”) released its draft regulations to implement the Governor’s ... Continue Reading

tags: Drought, Executive Order, Regulations, State Water Resources Control Board, Water Conservation,

Case to Watch: Sonoma County Superior Court v. PERB

by on April 15, 2015

posted in Disability, Employment Law,

A judicial appeal is pending from a recent decision of the Public Employment Relations Board in SEIU 1020 v. Sonoma County Superior Court, PERB Decision No. 2409-C.  The case involves a decision by the Superior Court (as the employer) that employees do not have a right to representation in the interactive process in which requests for accommodations and consideration of the reasonableness of those requests are considered by the Agency.  ... Continue Reading

tags: ADA, Americans with Disabilities Act, Interactive Process, PERB, Reasonable Accomodation, Right to Representation, Weingarten Rights,

Disruptive Behavior at Public Meetings: Balancing the Constitutional Rights of Citizens with the Duty to Conduct Meetings in an Orderly Manner

by on April 14, 2015

posted in Meetings,

During the course of their public service, many council members and staff will encounter the displeased citizen who often seems more intent on disrupting the governmental process than contributing to it in any meaningful way.  When this scenario is encountered, council members and staff will naturally desire to take steps to control the situation and ensure that the People’s business is not impeded.  Notwithstanding this natural inclination, council members and staff must be careful not to infringe upon the Constitutional and statutory rights of citizens.  This requires the conscientious balance ... Continue Reading

tags: Disruptive citizens, First Amendment, Public Comment, Public meetings,

Department of Labor Amends Definition of “Spouse” in FMLA Regulations

by on March 4, 2015

posted in Employee Benefits, Family and Medical Leave,

On February 25, 2015, the Department of Labor issued a “Final Rule” that amends the definition of “Spouse” in the Family Medical Leave Act.  Previously, an employee seeking leave under the act would be eligible if the state law they lived in covered the dependent under the State’s definition of “spouse”. The new rule requires that all legally married couples, whether same-sex, opposite sex, or married at common law be recognized as spouses for purposes of the FMLA so long as (a) their marriage was legal when, and in, the place in which it occurred; and (b) such a marriage is recognized ... Continue Reading

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