California Municipal Law Blog
by Derek P. Cole 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.
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tags:
Elections, Full-Text Rule, Initiatives, Oak Woodlands,
by Derek P. Cole 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)
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tags:
California Public Records Act, California Supreme Court, Private Emails, Text Messages,
by Derek P. Cole 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
tags:
Local Ordinances, Marijuana, Proposition 64, Trump Administration,
by Derek P. Cole on February 1, 2017
posted in
Public Records Act, Recent Court Decisions,
On January 27, 2017, the Daily Journal published our article on the California Supreme Court’s recent decision regarding public agency legal bills, and whether they are privileged. The full article can be accessed at this link: Daily Journal Article January 27
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tags:
Attorney-Client Privilege, California Supreme Court, Law Firm Billing Invoices, Public Records Requests,
by Scott E. Huber on October 20, 2016
posted in
Legislative Updates, Schools,
On September 23, 2016 Governor Brown signed AB2316 which makes significant changes to the Lease-Leaseback construction program that school districts have been successfully using for years. The bill arises primarily out of recent litigation in Fresno stemming from allegations of corruption and partiality. These new changes, set to take effect on January 1, 2017, among other revisions, specifically delete the phrase “without advertising for bid” from Education Code §17406 and add a new competitive bidding process to the lease-leaseback procedure. Additionally, it includes a specific provision ... Continue Reading
tags:
AB 2316, Lease, Lease-back, Pre-constuction, School construction, School Districts,
