Legal Notes

Overview

Legal Notes

A judge's gavel sitting on a desk.
Article Legal Notes By Matthew R. Silver, Lauren E. Brown, and Natalie Sahagun, Civica Law Group, APC

How does CARE Court, California’s new legal approach to behavioral health care, work?

The CARE Act takes a novel, albeit controversial, approach to mental health care. Unlike previous laws, it focuses on incentivizing long-term treatment rather than imprisonment or involuntary commitment. Seven counties have already begun implementation. The rest must follow suit in 2024.

Article Legal Notes By Benjamin R. Jones

A 2024 legal decision will impact local control over existing wireless facilities

Cal Cities filed a lawsuit over a declaratory ruling that restricts cities’ control over existing wireless facilities. A legal decision is expected next year. Here are a few key areas to watch.

Article Legal Notes By Matthew R. Silver, Lauren E. Brown, and Natalie Sahagun, Civica Law Group, APC

Don’t fly by these rules when developing a city drone program

More city officials are looking to drones for code enforcement and public safety. However, these uses are not without controversy. Critics have expressed concerns about privacy implications and a lack of adequate safeguards. Cities also need to consider legal and operational requirements.

Article Legal Notes By Breana Inoshita and Austin Cho

Litigation is taking California’s public trust doctrine from the waterfront to the forefront

The public trust doctrine was once limited to the management of shores, navigable waterways, and submerged lands. It once operated more as a background principle in California, but a 2018 legal decision has expanded the doctrine and opened the door to new litigation.

Article Legal Notes By Gail A. Karish

Is your city ready to regulate 5G wireless infrastructure? Think again

In 2018, the U.S. Federal Communications Commission placed stringent limits on local regulations that control the placement of small wireless facilities. Even if your city passed new regulations early on, it could be at risk due to changes in the law that favor the streamlined deployment of all types of wireless facilities. 

Article Legal Notes By Betsy Strauss

Breaking down the impact of two new municipal finance laws

As we settle into the new year, two new municipal finance laws need your attention. One law involves local Gann Limits and has a March 1 reporting deadline. The other adds new requirements for development impact fees.

Article Legal Notes By Robert Lennox, Simon Silva, and Glen Googins

So you have diversity: Now what?

Diversity, equity, and inclusion initiatives often stall out due to a lack of personnel, resources, or formal policies. Diversity management is one way that leaders can champion these principles and make meaningful change.

Article Legal Notes By T. Peter Pierce and Natalie C. Kalbakian

How the U.S. Supreme Court’s concealed firearm license ruling affects local governments

Over the summer, the U.S. Supreme Court dramatically reshaped the nation’s firearms laws. This change has far-reaching implications for state and local regulations — including California’s “good cause” requirement for concealed firearms licenses.

Article Legal Notes By Donald A. Larkin

Is your agency prepared for a critical incident recording disclosure?

In California, public agencies are legally required to disclose all audio and/or visual recordings related to critical incidents involving law enforcement. However, even cities where critical incidents are rare can benefit from using audio and video resources to improve transparency.

Article Legal Notes By Harveen Gill

Brush up on major land use, public safety, and public works laws at the Annual Conference and Expo

The Annual Conference and Expo offers multiple ways to earn legal education credits. These practical, “how-to” sessions provide training on the most important legal issues for cities, such as land use, public safety, and public contracts.

Article Legal Notes By Rick Jarvis

Your city’s development fee account could be vulnerable to multimillion-dollar refund claims

New development projects increase demand on existing public infrastructure. To fund improvements, cities often impose development impact fees, which are governed by the Mitigation Fee Act. Recently, courts have interpreted this law in a more rigid manner, suggesting that any fees held unspent for more than five years must be refunded.

CalPERS headquarters
Article Legal Notes By Steven M. Berliner

New state law increases pension-related costs for cities: How municipalities can mitigate the impact

A new law went into effect at the beginning of this year that creates new liabilities for public agencies when reporting compensation, shifting exposure for reporting mistakes from retirees almost exclusively to the employer. 

Article Legal Notes By Amy Oppenheimer and Christina Ro-Connolly

Unintentional misconduct is still misconduct: Tips for investigating unconscious bias

Countless studies have confirmed that bias, particularly unconscious bias, informs our interactions, even in people who are genuinely committed to diversity, equity, and inclusion (DEI). In the workplace, this is commonly expressed in who we prefer to hire.

Article Legal Notes By Christine N. Wood and Jennifer Ransom

Online services and information: Considerations for ensuring accessible, legally-compliant city websites

The range of information and services available online varies from city to city, as does the level of accessibility offered by city websites. However, as cities continue to transition to internet-based information and services, they should take care to ensure that such information and services are equally accessible to all individuals, including those with disabilities

Article Legal Notes by Lee Roistacher and Kimberly Sullivan

Legal releases and city-sponsored youth recreation programs in the digital age

Through sports leagues, camps, recreation centers, ball fields, courts, and parks, local governments play a large role in providing opportunities for youth recreation. To ensure they can continue to offer such valuable programs for youth in their communities, local governments should also take steps to minimize potential liability risks associated with youth recreation.

Two people shaking hands with an onlooker.
Article Legal Notes by Shelline Bennett

Bringing back decorum and civility in the public sector

City councils set the tone, tenor, and behavior that agencies look to emulate. Leadership and ethics go hand in hand and require honesty and personal integrity. The age-old adage is true — people follow willingly, with greater productivity, if their leaders are individuals they respect. What can elected officials and senior city management do to help set high standards for employees, elected officials, and the city itself?  

Storm water flows through drain.
Article Legal Notes by John J. Harris

California municipal stormwater permits: recent court cases cities should consider

One of the primary points of contention between cities and water boards has been the cost of achieving water quality goals – the water boards have steadily imposed more restrictive requirements in municipal National Pollutant Discharge Elimination System permits, while expecting cities and counties alone to bear the costs. This article covers two court decisions affecting cities and the key takeaways for local government officials.

Water supply cover
Article Legal Notes by Michael G. Colantuono

A legal win for city finance – Supreme Court holds utility rates not subject to referendum

Referendum is a power granted to voters, essentially allowing the electorate to put statutes adopted by legislative bodies to a vote of the people. However, the recent California Supreme Court decision in Wilde v. City of Dunsmuir held that water rates are not subject to referendum, making this an important win for public utilities and local governments, and boosting stability in local finance.

Article Legal Notes by Thomas D. Jex and Denise S. Bazzano

A Refresher on General Conflict-of-Interest Rules

This article provides newly elected officials an overview of some of the key conflict-of-interest rules under the Political Reform Act — and a refresher for more seasoned council members.

Article Legal Notes by Valerie Escalante Troesh and Matthew R. Silver

SB 450: A Path Toward Improving Communities

By waiving environmental review for qualifying projects and incentivizing investments, SB 450 may aid cities’ efforts to combat homelessness.