California Municipal Law Blog

Stockton’s Chapter 9 Bankruptcy as it Relates to CalPERS Relationship

by on October 14, 2014

posted in Municipal Bankruptcy,

Municipalities facing apparently insurmountable financial obstacles have been keeping a close eye on the City of Stockton as it weaves its way through Chapter 9 bankruptcy.  On October 1, 2014, Bankruptcy Judge Christopher Klein made a ruling from the bench that changes the landscape of Chapter 9 bankruptcy as it relates to pension liabilities.  Specifically, Judge Klein addressed the constitutional question of whether federal bankruptcy law trumps California law which states that money owed to the state pension fund (CalPERS) must be paid.    Judge Klein ruled that it does.  However, the ... Continue Reading

tags: bankruptcy, CalPERS, retirement benefits,

Sexual Offender Ordinances

by on October 9, 2014

posted in Law Enforcement, Sex Offenders,

Local entities (cities and counties) have been faced with legal challenges to their sex offender ordinances that were passed after Jessica’s Law in 2006. They are also faced with frustrated citizens who demand the most restrictive ordinances possible, without realizing the legal limitations. It is important for entities to understand the background for these laws, recent court developments and future legislation.  ... Continue Reading

tags: Parole, Penal Code, Sex Offenders,

“Right to Farm Act” Trumps Nuisance Abatements

by on October 7, 2014

posted in Code Enforcement, Public Nuisance,

You can see it throughout California—new residential subdivisions being built right up against farms that have been in existence for generations.  The new residents, who thought it would be nice to look out over the open space provided by the farm, are now experiencing the realities of being a farm neighbor: noisy and smelly animals, early morning tractor and truck noise, flies, spraying, the arrival and departure of farm workers, etc.  ... Continue Reading

tags: Code Enforcement, Complaints, Public Nuisance, Right to Farm,

Healthy Workplaces, Healthy Families Act of 2014 adds Paid Sick Days

by on September 30, 2014

posted in Employee Benefits, Employment Law, Sick Leave,

The Healthy Workplaces, Healthy Families Act of 2014 creates a requirement for all employers to provide paid sick days for all employees.  After July 1, 2015 any employee who works in California for 30 or more days within one year accrues sick leave at a rate no less than one hour for each 30 hours worked and is entitled to use the accrued sick days starting with their 90th day of employment.  The accrual rate is equivalent to 8-2/3  days per year.  The use of paid sick days can be limited to 24 hours in any one year of employment.  This includes temporary workers and part-time employees that ... Continue Reading

tags: Accrual, Collective Bargaining Agreement, Employee Benefits, Healthy Families Act of 2014, Healthy Workplaces, Penalties, Sick Leave,

Court Clarifies When Financial Contributions to Medical Marijuana Collective Are Lawful

by on August 28, 2014

posted in Law Enforcement, Medical Marijuana, Proposition 215,

Local governments in California—and especially law enforcement agencies—know all too well the many myths that pervade the medical-marijuana movement.  From the notion that California has “legalized” marijuana for medical purposes (those who legitimately use marijuana are only given immunity from prosecution) to the claim that dispensary operators can act as “caregivers” for their often numerous members (the State Supreme Court has clearly ruled otherwise) misperceptions abound about the proper interpretation of California’s landmark Proposition 215 and its companion legislation, ... Continue Reading

tags: Law Enforcement, Medical Marijuana, Medical Marijuana Program Act, MMPA,