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California Municipal Law Blog

November 2014 Election: Marijuana Sees Big Losses in Rural California

by on January 19, 2015

posted in Elections, Medical Marijuana,

Efforts to legalize marijuana continued to pick up steam in last November’s elections with voters in Oregon, Alaska, and Washington, D.C., approving legalization measures.  Most expect California voters to follow suit in 2016. Considering this trend, one is tempted to conclude that marijuana is on an unstoppable winning streak at the polls.  A closer look reveals this may not be the case. In November, voters in three rural counties defeated measures intended to repeal or relax local marijuana cultivation standards.  All three measures were supported by patient advocates who claimed the ordinances ... Continue Reading

tags: Election, Initiatives, Marijuana Legalization, Referendums, Rural California,

Cota Cole Attorney Authors Article Explaining “Section 201” of the Emergency Medical Services Act

by on December 16, 2014

posted in Emergency Medical Services,

The following is from the Introduction of the article, “‘Grandfathering’ of Emergency Medical Services Under ‘Section 201’ of the Emergency Medical Services Act,” published in the Public Law Journal, Fall 2014, by Derek P. Cole.  For the full text of this article, click here:  Public Law Journal EMS Article The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, or as it is generally known, the “EMS Act,” comprehensively regulates emergency medical care in California.  Enacted in 1980, the Act provides for the creation of emergency ... Continue Reading

tags: emergency medical care, Emergency Medical Services Act, EMS, health care law, Section 201,

Attorney-Client Privilege is Waived by Mistaken Disclosure of Privileged Documents in Response to Public Records Request

by on December 15, 2014

posted in Public Records Act, Recent Court Decisions,

Be careful not to disclose privileged documents in response to a Public Records Act (“PRA”) request.  According to a recent court decision, such disclosures waive any applicable privilege—even if the disclosure is mistaken.  ... Continue Reading

tags: Disclosure, PRA, Privilege, Public Records Act,

Court Holds that Agencies Violate CEQA by Setting Notice Periods that End on Holidays

by on December 9, 2014

posted in CEQA,

Agencies should make sure the notices they give under the California Environmental Quality Act (“CEQA”) do not end on a holiday.  So ruled a court in a recent case challenging the approval of a tentative map.  ... Continue Reading

tags: CEQA, Court Holidays, Notice,

Attorney General Opinion Confirms Local Agencies Cannot Purchase Products from Companies Co-owned by Their Elected Officials

by on December 2, 2014

posted in Ethics,

The question is one that small local agencies often face.  What happens when the agency needs to purchase goods or services from a company that is at least partially owned by one of its elected officials?   A very recent Attorney General opinion answers this question clearly: find somewhere else to get the goods or services.  ... Continue Reading

tags: 1090, Attorney General opinion, Cannella, conflicts of interest, Political Reform Act,