Publications

Publications

Publications

March 13, 2019

Using The “Committee Exception” To Exclude Public Comment At Special Meeting Violates Brown Act

Denise S. Bazzano, Chad  W. Herrington, Thomas D. Jex

City of Los Angeles violated Brown Act by using the “committee exception” to exclude public comment at a special meeting on an item already considered by a sub-committee.

February 19, 2019

Gov. Code Section 65009 Bars Challenge to Agreement Authorizing PG&E to Cut Trees on ROW; Plaintiff Failed to Serve Complaint within 90 Days

Kevin D. Siegel

The City of Lafayette approved an agreement with PG&E which authorized and imposed conditions on the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The City agreed to process the project under Lafayette Municipal Code section 6-1705(b)(S), which authorizes the city to allow removal of a protected tree "to protect the health, safety and general welfare of the community." The trial court dismissed a challenge. The court of appeal reversed in part. Claims asserted under the planning and zoning law (Government Code 65000), the city's general plan, and the city's tree protection ordinance were barred by Government Code 65009(c)(1)(E), as not timely-served.

January 2019

Access to Private Entity Records is Not Enough to Compel Disclosure Obligations Under the California Public Records Act

Denise S. Bazzano, Chad  W. Herrington, Thomas D. Jex

Public agencies should carefully review the language contained in contracts with private entities to ensure that there are clear provisions addressing the  ownership of records and that the obligations are appropriate given the nature of the contract.

January 2019

ADA Web Accessibility Litigation is on the Rise

Stephanie Gutierrez, Traci I. Park

In the last couple of years, hundreds of lawsuits against both public and private entities have been filed, and of those, at least 153 arose in California. While the Department of Justice (“DOJ”) has consistently maintained that the ADA applies to websites, federal and state courts are now following suit. 

October 25, 2018

Court of Appeal Clarifies Statute of Limitations in Police Discipline Matters, Clearing Way for Disciplinary Proceedings in Racist Texting Case

The Authority, CJPIA Newsletter, Issue 80

Kristina Doan Strottman

On June 22, 2017, the California Court of Appeal published a decision in Rain Daugherty v. City and County of San Francisco, denying nine officers' claim that the disciplinary notices that were issued against them were untimely and in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA).[1] The Court of Appeal emphasized that the statute of limitations does not begin to run until the alleged misconduct is discovered by a person authorized to initiate an investigation. It also held that the statute of limitations is tolled during a criminal investigation.  

October 2018

Public Employees Can Use Employer E-Mail for Protected Communications During Non-Work Time

The Authority, CJPIA Newsletter, Issue 80

Monica Sanchez McQueen, Pooja V. Patel

On May 25, 2018, the Public Employment Relations Board ("PERB") in Napa Valley Community College District[1], expanded the rights of public employees to use their employer's e-mail system for "protected communications" and disapproved of prior precedent on this point. PERB held that public "employees who have rightful access to their employer's e-mail system in the course of their work have a right to use the e-mail system to engage in [Educational Employment Relations Act] EERA-protected communications on nonworking time."[2] Although the case was decided under the EERA and involved a Community College District employer, this ruling is also applicable to other public sector employers including cities, counties and special districts subject to the Meyers-Milias-Brown Act ("MMBA").

October 2018

New Law Establishes Several New Protections For Employees Bringing Harassment Claims

New Law Establishes Several New Protections For Employees Bringing Harassment Claims

Samantha W. Zutler, Yi-Fan (Yvonne) C. Everett

Governor Brown recently signed SB 1300, the Omnibus Sexual Harassment Bill, into law. The law will take effect on January 1, 2019. Like the remainder of FEHA, these changes will apply to all public employers and most private employers. These new standards will make it much easier for plaintiffs to file and litigate harassment claims against employers and make it much more difficult for employers to defeat harassment claims on summary judgment.

August 2018

Aftermath of the Janus v. AFSCME Decision

The Authority, California JPIA Newsletter Issue 78

Joel Moon, Kelly A. Trainer

August 2018

Understanding Dynamex: The Public Employer Perspective

The Authority, California JPIA Newsletter Issue 78

Daphne M. Anneet

May 4, 2018

Gender Issues from the Law and Order Perspective

League of California Cities Conference (authored written materials)

Kristina Doan Strottman

May 2018

Preparing for Changes: California Legislative Update

The Authority, California JPIA Newsletter Issue 75

Joel Moon, Kelly A. Trainer

April 4, 2018

Chico Unified Board Approves Blue Oak Charter Renewal

Chico Enterprise-Record (cited)

John R. Yeh