Legal Notes Archive

Opportunities to Save Pension Costs Through Collective Bargaining After Pension Reform

The Public Employees’ Pension Reform Act of 2013 mandates uniform, generally lower benefit formulas for all “new members” of California public agency defined benefit retirement plans.

By Robert A. Blum

Making Drug Dealers Pay For Law Enforcement

Cities are increasingly using civil actions rather than criminal prosecution to curb illegal drug sales within their borders. Often such actions are taken either under general nuisance laws or the California Drug Abatement Act. However, the California Unfair Competition Law has also been used effectively to curb drug sales and close down businesses where drugs are sold.

By Brian I. Hamblet

Filarsky v. Delia: An Unqualified Win For Qualified Immunity

The doctrine of qualified immunity protects government defendants from liability as long as their conduct did not violate clearly established law. The U.S. Supreme Court recently ruled on the issue of whether private contractors also enjoy qualified immunity, which has a potentially significant impact on all cities.

By Kent J. Bullard

Realignment: How Cities Can Maximize Existing Powers and Recover Costs to Fight Crime

Cities can draw on their own police powers and state laws to abate problems from drugs and prostitution to graffiti and gangs.

by Matthew R. Silver

What You Should Know About Hiring CalPERS Retirees

Many cities have hired recent retirees to bridge staffing needs during the economic crunch. But failing to recognize and comply with requirements of the statutes governing such hires can result in unintended adverse consequences for both the city employer and the retiree.

by Richard Padilla and Joaquin Vazquez

Local Agency Electronic Media Use and California Public Records Law

Members of the public and local agency officials carrying out the public’s business increasingly use electronic media to communicate. This article provides an overview of the law, discusses some emerging issues and offers suggestions.

by the League of California Cities’ Committee on the California Public Records Act

Strategies for Curtailing Frivolous Lawsuits

State and local governments can be targets for vexatious litigants, individuals who file “do-it-yourself” lawsuits and represent themselves in court.

By Martin Kosla

Project Labor Agreements: What You Need To Know

Cities and other public entities are generally required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder. Sometimes a decision is made to require a Project Labor Agreement, typically described as a pre-hire collective bargaining agreement with one or more labor organizations that establishes terms and conditions of employment for a specific construction project or projects.

by Lan Wang

Civil Gang Injunctions: What Can They Do for Your City?

by Tricia Hynes and Jeff Osgood

Health and Safety Receiverships: An Effective Code Enforcement Remedy in Tough Times

by Dean J. Pucci