Legal Notes

Overview

Legal Notes

Article Legal Notes Benjamin P. Fay

Are You Receiving All of Your Property Taxes?

Although county and state controllers work hard to ensure that property taxes are allocated correctly, mistakes are made that can cost cities millions of dollars.

Article Legal Notes Terence R. Boga

Controlling Disruptive Public Speakers At Open Meetings

Terence R. Boga is a shareholder of Richards, Watson & Gershon in the firm’s Los Angeles office. He serves as city attorney of the City of Westlake Village, and is the immediate past chair of the Executive Committee of the Public Law Section of the State Bar of California. He can be reached at tboga@rwglaw.com.

The nature of a council meeting means that a speaker can become “disruptive” in ways that would not meet the test of actual breach of the peace or of “fighting words” likely to provoke immediate combat.

Article Legal Notes David DeberryJeff Ballinger

Group Homes in the Neighborhood

David DeBerry is city attorney for the City of Orange and can be reached at ddeberry@cityoforange.org. Jeff Ballinger is city attorney for the City of San Jacinto and an attorney in the Riverside office of the law firm Best Best & Krieger; he can be reached at Jeff.Ballinger@bbklaw.com.

Group homes have long had a presence, albeit a controversial one, in California. Because neighbors are often concerned about noise, traffic, crime, safety and a decline in property values associated with group homes, city council members are frequently besieged with demands from constituents that a group home not be allowed in their neighborhood. This article addresses some of the policy and legal implications of group homes, with a focus on sober living facilities.

Article Legal Notes Michele Beal Bagneris

10 Tips for Creating a More Effective City Council-City Attorney Relationship

Michele Beal Bagneris is city attorney for the City of Pasadena and president of the League’s City Attorneys Department.

City attorneys have a unique role in working with city councils, especially in light of the attorney’s ethical and other obligations. Unlike the city manager, the city attorney often does not have daily interaction with council members, and the council’s primary interaction with the city attorney is in city council meetings. The city council-city attorney relationship works best when there is open communication, mutual respect and trust. This article offers 10 tips to help council members create a more effective relationship with their city attorney.

Article Legal Notes Margaret W. BaumgartnerRebecca L. Katz

“Man’s Best Friend?” Breed-Specific and Other Local Regulation of Dangerous Dogs

Margaret W. Baumgartner and Rebecca L. Katz are deputy city attorneys with the San Francisco City Attorney’s Office.

Dogs and humans have lived in close proximity for millennia. Although historically humans have thought of dogs as “man’s best friend,” sometimes a dog will unexpectedly kill or severely injure its owner or another person. Most dog owners, however, do not realize their pet is capable of killing someone before it happens.1

Article Legal Notes Patrick Whitnell

Coping With the Paroled Sex Offender Next Door

Patrick Whitnell is assistant general counsel for the League.

Dr. McEchron testified that there is no cure for sex offenders and that “there are never any guarantees that they might not reoffend.”

Article Legal Notes JoAnne Speers

New Laws on Ethics Training and More for 2006

JoAnne Speers is general counsel for the League and can be reached at jspeers@cacities.org.

Adverse publicity and prosecutions related to local officials’ compensation and use of public resources has led to new state laws that take effect Jan. 1, 2006. One law, AB 11, targets city council member compensation levels. Another, AB 1234, takes aim at expense reimbursement practices.