Legal Notes

Overview

Legal Notes

Article Legal Notes Gail A. Karish

Wireless Industry Seeks to Limit Local Zoning Authority

Wireless industry lobbyists continue to advocate before Congress, state legislators and the Federal Communications Commission that local zoning requirements are a barrier that must be cleared away….

Article Legal Notes Stephen E. Velyvis

Practical Advice for Minimizing CEQA Liability in Your City

The California Environmental Quality Act (CEQA) is the primary state law that requires public agencies and their decision-makers to understand and evaluate the environmental consequences of their…

Article Legal Notes Gregory P. PriamosNeil D. Okazaki

California Supreme Court: Cities May Ban Medical Marijuana Dispensaries

Over the past several years, California cities and counties have faced the issue of whether to permit or ban medical marijuana dispensaries. Many cities imposed bans or prohibited dispensary…

Article Legal Notes Amy Greyson

Due Process Walls in the City Attorney’s Office: Safeguarding Fair Hearings

In light of a recent court decision, cities should make sure their practices are consistent with the due process rights of parties involved in quasi-judicial proceedings.

Article Legal Notes Robert A. Blum

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.

Article Legal Notes Brian I. Hamblet

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…

Article Legal Notes Kent J. Bullard

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…

Article Legal Notes Matthew R. Silver

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.

Article Legal Notes Richard PadillaJoaquin Vazquez

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…

Article Legal Notes The League Of California Cities’ Committee On The California Public Records Act

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…

Article Legal Notes Martin Kosla

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.

Article Legal Notes Lan Wang

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…

Article Legal Notes Joan L. CassmanCecilia M. Quick

Declaring a State of Emergency: What You Need to Know

Article Legal Notes Patrick Whitnell

Proposition 26: An Executive Summary for The Layperson

Much effort has been expended trying to explain and analyze the purpose and effect of Proposition 26, the so-called “Stop Hidden Taxes Initiative.” This article provides the non-expert with…

Article Legal Notes Hilda Cantú Montoy

Understanding The City Attorney’s Role