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California Municipal Law Blog

Application of the Healthy Schools Act to Child Care Facilities: What Agencies Need to Know

by on May 24, 2017

posted in Schools,

The Healthy Schools Act is found in Education Code Sections 17608 – 17614 (the “Act”). Adopted in 2000, its purpose is to provide for the least toxic pest control management around “schoolsites.”  However, although found in the Education Code, the definition of “schoolsites” is very broad and applies to a range of public child care facilities that may be operated by agencies other than school districts, including park and recreation districts. The Act also applies when a public agency is the owner of a facility that houses a childcare facility.  ... Continue Reading

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tags: Child care facilities, Healthy Schools Act, pesticides,

New Legislation Allows Special Districts to Navigate Voting Rights Act Liability

by on May 6, 2017

posted in Elections,

Legislation that took effect in January allows special districts to switch from “at large” to “by district” elections for their governing boards.  Our memorandum describing this new legislation, and how it can help districts avoid Voting Rights Act liability, is linked here:  Memorandum  ... Continue Reading

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tags: At Large Elections, By District Elections, California Voting Rights Act,

Court Upholds Election Official’s Refusal to Qualify Initiative Based on “Full Text” Rule

by on March 18, 2017

posted in Elections, Recent Court Decisions,

In Napa County, a group of voters proposed an initiative that would enact a number of measures to protect the quality of watersheds and oak resources.  In Wilson v. County of Napa, an appellate court recently found their initiative proposal defective because it did not comply with an important procedural requirement known as the “full text” rule. Wilson is a good reminder to initiative proponents that the rules for qualifying initiatives can be unforgiving.  Proponents must take great care to make sure they satisfy all the procedural requirements before submitting their proposed measures.  ... Continue Reading

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tags: Elections, Full-Text Rule, Initiatives, Oak Woodlands,

Urgent: State Supreme Court Holds Emails or Text Messages Sent on Personal Accounts are Disclosable Public Records

by on March 2, 2017

posted in Public Records Act, Recent Court Decisions,

The California Supreme Court has issued its long-awaited decision on whether public employee emails or text messages, sent and stored on the employees’ personal accounts, are public records.  A unanimous Court held that such emails and text messages are disclosable records under the California Public Records Act.  (City of San Jose v. Superior Court, decided March 2, 2017)  ... Continue Reading

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tags: California Public Records Act, California Supreme Court, Private Emails, Text Messages,

Urgent: Trump Administration Statements about Recreational Marijuana May Affect Local Ordinances and Enforcement

by on February 23, 2017

posted in Proposition 64,

The Trump Administration has indicated it intends to crack down on states that allow recreational marijuana.  As reported in the Sacramento Bee on February 23, 2017, Trump Administration Press Secretary Sean Spicer has threatened “greater enforcement” of federal law on this subject.  It’s not yet clear what, when, or how such enforcement will occur.  Spicer noted only those matters are things “the Department of Justice will be further looking into.” For California cities and counties, this announcement comes at a pivotal time.  With the passage of Proposition 64 in November 2016, ... Continue Reading

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tags: Local Ordinances, Marijuana, Proposition 64, Trump Administration,

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