California Municipal Law Blog
by Jillian Martins on July 10, 2024
posted in
Recent Court Decisions,
On July 8, 2024, the Ninth Circuit took its first action in response to the Supreme Court’s decision to overturn their ruling in City of Grants Pass v. Johnson (“Grants Pass”). The Ninth Circuit released an Order and Memorandum vacating, in part, a preliminary injunction in a pending case Coalition on Homelessness v. City and County of San Francisco (“Coalition”), providing a first glimpse into how the largest federal appeals court in the nation interprets Grants Pass; and, potentially, how the Ninth Circuit will address regulations affecting the homeless population of a local entity ... Continue Reading
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by Jillian Martins on July 3, 2024
posted in
Code Enforcement, Recent Court Decisions,
Last week, the United States Supreme Court decided a case that overturned well-known precedent affecting the right of California cities to cite individuals for sleeping on public property. This decision has significant implications for how cities may now address encampments and related code enforcement issues.
The Boise Precedent
While there were a number of Ninth Circuit opinions which dealt with homeless enforcement issues prior to the now well-known decision in Martin v. Boise, the Boise opinion is widely considered to be a turning point in the ability of state and local governments ... Continue Reading
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Code Enforcement, encampments, Martin v. Boise, unhoused populations, United States Supreme Court,
by Derek P. Cole on June 20, 2024
posted in
Elections, Initiatives,
Cities, counties, and special districts can breathe a sigh of relief. Today, the California Supreme Court ordered the “Taxpayer Protection and Government Accountability Act,” or “TPA,” be left off the November ballot. The Court’s decision was unanimous.
The legal issue decided was a technical—though important—one. The Court determined the TPA was a “revision” rather than “amendment” to the State Constitution. This determination, the Court reasoned, required the extraordinary relief of keeping the TPA off the ballot.
Amendment or Revision?
Constitutional ... Continue Reading
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California Supreme Court, Consitutional Convention, Initiative, November 2024 Election, Taxpayer Protection Act, TPA,
by Jillian Martins on May 14, 2024
posted in
Administrative Regulations, Code Enforcement, Uncategorised,
How to Transition to a Paperless Planning Department
The necessity of having “wet” seals and signatures for land use projects and the use of an electronic seal for plans submitted to local agencies. Put another way, if a reviewing entity transitions to electronic plans submission, is there a legal basis to require that plans be submitted with an electronic stamp, seal and/or signature (as applicable).
Engineering Stamps
Business & Professions Code section 6764 provides, “each professional engineer licensed under this chapter shall, upon licensure, obtain a seal or stamp of a ... Continue Reading
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by David G. Ritchie on February 29, 2024
posted in
Administrative Regulations, Employment Law, Uncategorised,
The Fair Chance Act is a California Law enacted in 2017 (and took effect on January 1, 2018) that is part of the Fair Employment and Housing Act (Government Code 12952 et. seq.) prohibiting employers with five or more employees from asking applicants about criminal convictions before making job offers to them. In some places these laws are referred to as “Ban The Box” laws.
What exactly does this Act prohibit?
1. Employers cannot list questions on job application forms asking about criminal conviction history before a conditional job offer is made.
2. Employers cannot ask about ... Continue Reading
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