Latest Publications

Share:

Ban on Officers Discussing K9 Program Violated First Amendment - Ninth Circuit Decision on Nevada State Highway Patrol Prior...

Regulating speech by government employees is difficult enough. Disciplining an employee for violations of speech policies is degrees of difficulty greater. And, imposing a prior restraint on employee speech is perhaps the...more

Automated License Plate Scans Data May Be Disclosed - California Supreme Court Finds Public Record Exemptions Do Not Apply

Data from automated license plate readers may be disclosed under the California Public Records Act, the state Supreme Court said in a ruling issued recently. The case, which pits law enforcement against open government...more

PRA Request Compliance May Not Shield from Attorney's Fees - California Appellate Court Orders City to Pay

The City of San Diego was ordered by an appellate court to pay attorney’s fees to a Public Records Act requestor-plaintiff — despite having produced all requested records, and the trial court having dismissed a PRA writ...more

Appellate Court Endorses FPPC’s “Reasonably Foreseeable” Test for PRA Conflicts Analysis

A recent appellate decision illustrates the far-reaching and powerful impact of the Political Reform Act’s conflicts provisions, and how that law can be employed as a sword in litigation to negate or undo decisions of...more

Independent Contractors & Consultants Acting on Government Contracts May be Subject to Conflict of Interest Laws

Independent contractors and consultants who engage in or advise on public contracts may be subject to the conflict of interest laws under Government Code section 1090, the California Supreme Court ruled last month. Section...more

Calif. AG Says SB 415 Applies to Charter Cities and Local School Districts Governed by Charter Cities - California Voter...

Last week, Attorney General Xavier Becerra opined that the California Voter Participation Rights Act, also known as SB 415, applies to charter cities and school districts governed by charter cities. In the second opinion...more

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws - California Supreme Court Sets New Precedent...

In a watershed decision, the California Supreme Court held that independent contractors and consultants can be considered “employees” and subject to the conflict of interest provisions of Government Code 1090. This includes...more

“Honorably Retired” for California Police Officer Defined by Court

Among the many benefits bestowed on the brave men and women who honorably retire after serving behind the badge is the right to carry a concealed weapon in public. Owing to federal law, this right extends to every...more

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

Is a Private Email a Public Record? Context Matters!

In deciding last week that communications on public agency employees’ private devices may be subject to disclosure under the Public Records Act, the California Supreme Court included some direction to help make the...more

The Ethics Advisor: Good Governance Floats on a Sea of Integrity

“In civilized life, law floats in a sea of ethics,” the late Earl Warren, who served as a U.S. Supreme Court chief justice and as California attorney general and governor, stated in a 1962 speech. In a closely related sense,...more

Legal Invoices to Public Agencies in California May Be Exempt from Disclosure

In a case that pitted government transparency against a public agency’s interest in confidential communications with its attorney, the California Supreme Court came down on the side of protecting attorney-client privileged...more

Are Private E-mails & Text Messages “Public Records?”

Decision Expected Soon from California Supreme Court - Public agencies in California should prepare for the likelihood that communications on officials’ and employees’ private devices related to the agency’s “conduct of...more

Reducing Cyber Vulnerability and Keeping Online Voter Registration Data Safe

The recent bi-partisan approach taken by hackers in attacking both the Democratic National Committee and high ranking members of the Republican party has brought the issue of cybersecurity and the safety of online voter...more

Giving Employees Time Off to Vote

It’s probably posted on the bulletin board in your employee lounge, along with all the other employment notices California employers are required by law to post. But, it’s likely lost in that blizzard of information, and it’s...more

California Supreme Court Curbs Responses to Anti-SLAPP Motions

Elected Officials’ Free Speech Rights Analyzed - Individual elected officials are exercising their right to free speech when they cast their votes — even if those votes might be the result of corruption or based in a...more

FPPC Initiates its Political Reform Act Revision Project

The Fair Political Practices Commission, charged with the implementation, interpretation and frontline enforcement of the Political Reform Act, launched its Political Reform Act Revision Project. The Commission is partnering...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

City Slapped Down on anti-SLAPP Claim

Details of a Potential NFL Deal for Carson Not of Public Interest, Court Says - In a decision that illustrates government entities’ limits of the anti-SLAPP process, an appellate court rejected the City of Carson’s use...more

Court Clarifies the Cease & Desist Requirement Prior to Initiating Brown Act Litigation

City’s Loss Illustrates Risks of Litigating Open Meeting Law Violation Claims - In 2012 the California Legislature amended the judicial remedies aspect of the Brown Act “Opening Meetings” Law. That amendment added...more

High Court Clarifies “Official Act” in Former Gov. Bob McDonnell Decision

Today’s U.S. Supreme Court decision overturning the bribery convictions of former Virginia Gov. Bob McDonnell should come as a no surprise to anyone versed in the high Court’s recent public corruption jurisprudence. However,...more

FPPC Amends Regulations for Conflict of Interest Codes

The Political Reform Act requires all government agencies to adopt and circulate a Conflict of Interest Code showing which positions in the agency involve participation in governmental decision-making. It also must identify...more

Body-Worn Cameras, the Prosecutor, and the Question of Public Access

BB&K attorney Gary Schons examines police body cameras from a variety of angles for the California District Attorneys Association’s Prosecutor’s Brief. The use of body-worn cameras by law enforcement officials and what...more

U.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Population

Total population, however, may not be the only standard upon which voting areas can be based - This week, the U.S. Supreme Court issued an important decision in Evenwel v. Abbott clarifying that state and local...more

California Court Interprets Stockton's Term Limit Non-Cumulatively to Allow Repeat Runners

A California appellate court affirmed that the “two term” term limit provision in the City of Stockton’s Charter was non-cumulative rather than cumulative. Consequently, a person may serve as city council member for two...more

2/15/2016  /  Election Laws , Term Limits
58 Results
/
View per page
Page: of 3

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.