California Municipal Law Blog
by Sean D. De Burgh on April 14, 2015
posted in
Meetings,
During the course of their public service, many council members and staff will encounter the displeased citizen who often seems more intent on disrupting the governmental process than contributing to it in any meaningful way. When this scenario is encountered, council members and staff will naturally desire to take steps to control the situation and ensure that the People’s business is not impeded. Notwithstanding this natural inclination, council members and staff must be careful not to infringe upon the Constitutional and statutory rights of citizens. This requires the conscientious balance ... Continue Reading
tags:
Disruptive citizens, First Amendment, Public Comment, Public meetings,
by David G. Ritchie on March 4, 2015
posted in
Employee Benefits, Family and Medical Leave,
On February 25, 2015, the Department of Labor issued a “Final Rule” that amends the definition of “Spouse” in the Family Medical Leave Act. Previously, an employee seeking leave under the act would be eligible if the state law they lived in covered the dependent under the State’s definition of “spouse”.
The new rule requires that all legally married couples, whether same-sex, opposite sex, or married at common law be recognized as spouses for purposes of the FMLA so long as (a) their marriage was legal when, and in, the place in which it occurred; and (b) such a marriage is recognized ... Continue Reading
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by Derek P. Cole on March 2, 2015
posted in
Contracts, Mayors,
The lawsuit had it all. There were claims of conflicts of interest and a corrupt bargain. Millions of dollars hinged on its outcome. The suit resulted in the recall of elected officials. And while claiming it was aimed toward restoring good government, the suit was funded by business competitors that had much to gain.
In the end, the case was decided not by these salacious facts, but by a technical issue of statutory interpretation: When is a mayor “absent” under the California Government Code?
In Torres v. City of Montebello, a California appellate court held that a mayor is “absent” ... Continue Reading
tags:
Contracts, Montebello, Official Duties, Recalls, Solid Waste Franchise,
by Derek P. Cole on February 23, 2015
posted in
Administrative Regulations, Ethics,
The Fair Political Practices Commission (“FPPC”) has recently adopted a new regulation governing when public officials have conflicts of interests in businesses they own or for which they are investors. The amended regulation, which became effect in January 2015, is part of a broader FPPC program to streamline and simplify the regulations that implement the Political Reform Act of 1974, California’s principal law governing the ethics of public officials. The recent amendment concerning business-based conflicts follows changes the FPPC made in 2014 to the regulation governing conflicts for ... Continue Reading
tags:
Business Interests, conflicts of interest, Regulations,
by William R. Galstan on February 12, 2015
posted in
Zoning,
It’s common knowledge that an elected official who has an economic interest in a matter coming before the agency cannot participate in the decision. But how about an official who has such strong feelings about the application that it seems his or her mind was made up prior to the hearing?
In a recent case, Woody’s Group v. City of Newport Beach, the state Court of Appeal underscored existing law by stating that officials must at least give the impression that they are open-minded about the outcome of applications coming before them.
A restaurant and bar had filed an application with the ... Continue Reading
tags:
Appeals, Bias, Due Process,
