News & Analysis as of

Municipalities Law Enforcement

Bricker Graydon LLP

Supreme Court Expands Available Government Strategies to Respond to Homelessness Crisis

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On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more

Holland & Knight LLP

Estampilla para la justicia familiar puede ser adoptada por concejos o asambleas en Colombia

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La Subdirección de Fortalecimiento Institucional Territorial de la Subdirección de Apoyo Fiscal del Ministerio de Hacienda de Colombia, en oficio con radicado 2-2022-053096 del 16 de noviembre de 2022, precisó que la...more

Miller Canfield

Michigan Law Expands Police and Fire Special Assessment Authority to More Cities

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​​​​​​​Cities with a population of 15,500 or more now may specially assess for police and fire services under a new law, Public Act 228 of 2022, that becomes effective on March 28, 2023, that amends Act 33, Public Acts of...more

Robinson+Cole Data Privacy + Security Insider

Chula Vista Policy to Protect Residents from Certain Surveillance Technology

The City Council of Chula Vista, California (in the San Diego metropolitan area), announced a new policy governing how city law enforcement can use technology to protect residents from data collected by surveillance...more

Miller Canfield

Michigan Emergency Services Authorities Authorized to Incur Debt for Capital Projects and Equipment

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On June 15, 2022, Michigan Governor Gretchen Whitmer signed legislation amending Act 57, Public Acts of Michigan, 1988 (“Act 57"), to authorize an emergency services authority, established under Act 57 by municipalities to...more

Goldberg Segalla

New York’s Freedom of Information Law Amended Again

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Key Takeaways - New York’s Freedom of Information Law (FOIL) was initially amended on December 29, 2021. On March 21, 2022, Governor Hochul signed a new law, amending FOIL again. Certain parts of the language approved...more

Pullman & Comley, LLC

Revised Department of Emergency Services and Public Protection Standards Require Municipal Police Departments to Immediately Amend...

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On June 12, 2020, the Police Officer Standards and Training Council (POST), a division of the Department of Emergency Services and Public Protection, amended its Compliance to Law Enforcement Standards and Practices (CLESP)...more

Best Best & Krieger LLP

“Home Rule” Authority and Local Police Involvement in Immigration Enforcement

California Appellate Court Says Charter City Cannot Block California Values Act - In a significant decision addressing the tension between charter city “home rule” authority and state law, a California appellate court...more

Best Best & Krieger LLP

[WEBINAR] Exploring the CPRA’s Investigatory Privilege

While the California Legislature included investigatory privilege as an exemption within the California Public Records Act, there are exceptions to this exemption. In this Best Best & Krieger LLP webinar, attorneys Christine...more

Tucker Arensberg, P.C.

OOR Holds that Borough’s Use of Taser Policy is Partially Exempt

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Last week, we discussed how the OOR concluded that, for the most part, Taser discharge reports are public records. This week, we’ll examine whether policies related to Tasers are public records. In Ciavaglia v. Newtown...more

Best Best & Krieger LLP

Gun Violence Restraining Orders - A Valuable, Rarely Used Tool Against Violence, Writes Denise Grimes in PublicCEO

When police officers were dispatched to the home of a 30-year-old resident for a welfare check, they found four firearms in the house — including a semi-automatic assault rifle. The officers went to the home after the man’s...more

Holland & Knight LLP

Illinois General Assembly Corrects Additional Juvenile Court Act Errors - Newly Amended Law Also Provides Relief to Law...

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• The Illinois General Assembly's Public Act 100-1162, signed on Dec. 20, 2018, amends the Juvenile Court Act (JCA) to extend the deadlines for automatic expungement of juvenile law enforcement records. • Compliance with...more

Best Best & Krieger LLP

AB 748: More Public Access To Body Camera Footage Under PRA - Amendment To California Law Gives Public Agencies More...

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The California public will have a greater right to access police body camera footage, and any other audio or video recording acquired by any police agency or state prosecution office, under the Public Records Act with the...more

Genova Burns LLC

Ocean County Prosecutors Need Not Disclose Police Video of Traffic Stop – For Now

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A divided New Jersey Supreme Court ruled today in Paff v. Ocean County Prosecutor’s Office that the “criminal investigatory records” exemption to public disclosure under New Jersey’s Open Public Records Act, permits the Ocean...more

Holland & Knight LLP

Illinois General Assembly Corrects Juvenile Court Act Error, But Further Review Needed

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• Public Act 100-0720 corrects provisions of the Illinois Juvenile Court Act (JCA) that denied minors and their parents access to a minor's law enforcement records. • Other provisions and oversights of the JCA continue to...more

Harris Beach PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

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The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Holland & Knight LLP

New Procedures for Handling Juvenile Police Records for Illinois Municipalities

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• Public Act 100-0285, recently signed into law, amends the Illinois Juvenile Court Act. The amendment prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations. • The...more

Genova Burns LLC

New Jersey Courts Hands Victories to Open Government Records Advocates

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Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of...more

Jackson Lewis P.C.

Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed To Proceed

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A municipal employer that conducted hair follicle drug testing on police officers was not entitled to summary judgment on a Title VII disparate impact claim, because a reasonable jury could conclude that an alternative to...more

Cranfill Sumner LLP

Legislation Update: How Should Law Enforcement Video Recordings Be Handled in NC?

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House Bill 972 was signed into law last summer, and took effect on October 1, 2016. The law is a significant change in the way municipalities are required to handle video recordings made by law enforcement, both with dash...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain...

Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the...more

Pullman & Comley, LLC

Appellate Court Notes

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- Supreme Court Advance Release Opinions: - SC19422 - Awdziewicz v. Meriden Certain police officers retired, entitling them to pension benefits under the City Charter as previously modified in a separate lawsuit...more

Orrick - Employment Law and Litigation

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

Best Best & Krieger LLP

Drone on Drones: Berkeley Issues Moratorium on Law Enforcement Use of Drones

The Berkeley City Council approved a proposal by the City’s Peace and Justice Commission this week to impose a moratorium on drones within city limits. The one-year moratorium, which applies only to the Berkeley Police...more

Best Best & Krieger LLP

“Stay Put” Seizure by Law Enforcement Clarified by the Court

When officers carry out a “consensual encounter” with a member of the public, unless they have reasonable suspicion that someone is breaking the law, they are not permitted to detain the person for any longer than necessary...more

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