Bias

In the Woody’s Group, Inc. v. City of Newport Beach, the court invalidated a planning decision because a councilmember appealed the grant of permit of the city council and convinced his fellow councilmembers to deny the permit.  In neither of … Continued

2015 Legislation Affecting Public Entities

AB No. 26 – Definition of Public Works Construction AB 26 amends Labor Code section 12760 to expand the definition of “public works.”  Under existing law, “construction” includes work performed during the design and preconstruction phases of construction.  Under the … Continued

Paid Sick Leave – AB 1522

Beginning July 1, 2015, most California employers, including local public agencies, must allow accrual of paid sick leave hours by employees who have worked at least 30 days. Paid sick leave must accrue at a rate of at least one … Continued

SB 530 and AB 218

SB 530, which became effective January 1, 2014, amended California Labor Code section 432.7 to prohibit public and private employers from asking most job applicants about criminal records that have been expunged, sealed or dismissed. A separate related bill, AB … Continued

Penal Code 72.5

Statutes, ignored for years, often come to life when the news of the day focuses attention on the subject of the statute.  The news of the day promises to bring Penal Code 72.5 to the attention of prosecutors. The first … Continued

Chapter 650: Conflicts of Interest

We recently posted on our website a summary of selected laws effective in 2014.  The following is in response to requests for further information on Chapter 650 (conflicts of interest), which is addressed below. District Attorney Jurisdiction over Contractual Conflicts … Continued

Possible Relief from Proposition 218

A recent Court of Appeals decision, Mission Springs Water District v. Verjil, offers hope that the initiative provisions of Proposition 218 will not prevent districts from recovering costs of service.  This requires explanation because of the unique procedural setting for … Continued

Public Records Act: Computer “Files”

California Supreme Court recently issued an opinion on how the Public Records Act treats digital material.  The opinion was expected and resolves a few interpretive questions. In Sierra Club v. Superior Court (2013) – Cal 4th – (DAR8880), the County … Continued