Some requesters file frequently. Some aim to provoke a misstep.
Some use hostile language. The California Public Records Act
still binds the agency to act. Here is how the act works, common
pitfalls, evolving challenges, and strategies agencies can use.
The state Legislature has changed several key ethics and
transparency rules for local government officials and staff.
These range from some good news-bad news tweaks to recusals to
changes that impact new housing developments.
CalPERS and the Legislature have enacted several changes in
recent years that expand the pension fund’s enforcement powers,
including new financial penalties. Here’s how those changes could
impact your city — and what may be coming next.
Last year, the U.S. Supreme Court resolved Eighth Amendment
lawsuits against public camping ordinances. But the ruling did
not close the door to other challenges — including state
legislation attempting to preempt local control.
While increasing affordable housing is typically at the forefront
of most policymakers’ minds, remedying substandard conditions in
existing homes is often overlooked. Three new laws look to change
that, but local leaders need to act fast.
Bullying in general can have far-reaching consequences. And
although there is no law that prohibits bullying at work,
bullying comes at a cost — an emotional cost for employees and a
financial cost for employers. When the bully is an elected
official, the stakes are even higher.
Mirroring public attitudes, California lawmakers have instituted
sweeping changes to the state’s cannabis laws. This has created
challenges for fire departments, which must balance their mission
of safety with the rights of their employees.
Boosting infrastructure and public services is a part of making
cities more attractive to businesses. Each area comes with its
own unique set of financing options.
The U.S. Supreme Court issued an unprecedented number of
decisions in its 2023-24 term on free speech and social media.
Some of these rulings open the door to future, theoretical legal
challenges.
AB 1633 (Ting) does not amend the California Environmental
Quality Act. Instead, it clarifies that withholding approval of a
housing development that otherwise meets the state’s
environmental review law could be a violation of the Housing
Accountability Act.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
