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Municipalities Public Agencies

Miller Canfield

Municipal Retirement Boards and Joint Energy Boards May Now Hold Electronic Meetings Under the OMA

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On February 13, 2024, Public Act 214 of 2023 (“PA 214”) takes effect, amending Michigan's Open Meetings Act to give some public bodies greater freedom in holding electronic meetings....more

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

Tucker Arensberg, P.C. on

In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Bricker Graydon LLP

Local governments: The end of the virtual public meeting? All is not lost

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Throughout the COVID-19 pandemic, the work of public entities had to continue. Amended Substitute House Bill 197 made that possible, by modifying the requirements of R.C. 121.22 to permit public bodies to meet by...more

Best Best & Krieger LLP

When is a Franchise Fee a Tax?

Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise - Franchise fees that exceed the reasonable value of the franchise conveyed may be considered taxes, according to a...more

Best Best & Krieger LLP

California Public Records Act Case Law Update

Part 2: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Brownstein Hyatt Farber Schreck

Much at Stake for Coloradans in Next Week’s Odd-Year Election

With next year’s presidential election on the horizon, it is easy for voters to overlook next week’s odd-year election. On Tuesday, November 5, Colorado voters will select local government officials and school board members,...more

Best Best & Krieger LLP

Citizens’ Initiative Power Cannot Intrude on Public Agency’s Express Authority

Initiatives that Would Change County Government Structure Not Allowed, Calif. Appellate Court Rules - Proponents of a series of initiatives that would dramatically impact San Bernardino County submitted notices of intent...more

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Best Best & Krieger LLP

Failure to Participate in Prop. 218 Hearing Does Not Bar Fee Challenge - Calif. Supreme Court Holds Such Hearings Do Not...

A ratepayer may challenge the method of allocating property-related fees without first participating in the public hearing for, and filing a written protest against, the adoption of such new or increased fees, the California...more

Best Best & Krieger LLP

"Qualified Electors" Under Mello-Roos Community Facilities Act are Registered Voters, Not Landowners, Court Says - A California...

The California Constitution requires cities, counties and special districts imposing a special tax to obtain a two-thirds vote of the “qualified electors” of such entity. The Mello-Roos Community Facilities Act of 1982 states...more

Best Best & Krieger LLP

Your Special District Must Have a Website — and it Should be ADA Compliant - California’s SB 929 Imposes New Requirements

Special District Website Requirements - Every California independent special district is required to maintain a website by Jan. 1, 2020. Senate Bill 929 added Government Code sections 6270.6 and 53087.8 to provide the...more

Best Best & Krieger LLP

Simultaneous Federal and State Court Actions on Code Violations? - Ninth Circuit Says Yes… In Rare Instances

The City of Palmdale received a civil inspection warrant to investigate a family-operated motel for alleged violations of both state and local laws....more

Mitchell, Williams, Selig, Gates & Woodyard,...

92nd Arkansas General Assembly/SB 289: Municipal Jurisdiction Over Utilities

Senate Bill 289 has been introduced which would amend certain provisions of Chapter 200 (Municipal Authority Over Utilities) of the Arkansas Code. The bill’s sponsors include: Senator Jane English (North Little Rock) -...more

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

Philadelphia Increases Minimum Wage Rate for City Workers and Contractors

On December 20, 2018, Mayor Jim Kenney signed an ordinance that will raise the minimum wage for all Philadelphia municipal government workers, contractors, and subcontractors from the current rate of $12.20 per hour to $15.00...more

Best Best & Krieger LLP

Public Comment Time Limit OK'd by Court - Alexander Brand Discusses California Appellate Court Ruling in PublicCEO

Does your agency place a time limit on public comments at meetings? So long as time restrictions placed on public comment periods are reasonable and don’t violate state or federal law, the Second District Court of Appeal,...more

Robins Kaplan LLP

Following SCOTUS’ Lead, the Ninth Circuit Strikes Down a Ban on “Disparaging” Ads

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A three-judge panel of the Ninth Circuit has ruled that Seattle violated the First Amendment by banning “disparaging” ads on city buses....more

Best Best & Krieger LLP

Public Agency, Officials’ & Employees’ Rules for Electioneering - BB&K Attorneys Jim Priest and Sigrid Asmundson Discuss the Dos...

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There’s a fine line public agencies, officials and employees walk between legally disseminating information and illegally advocating for or against a ballot measure or candidate. Originally published in PublicCEO - October...more

Best Best & Krieger LLP

Public Bus Ad Gets A Free Ride - County Cannot Prohibit Ad Content Solely Because It’s Disparaging Or Potentially Disruptive,...

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A county violated the First Amendment by refusing to display an advertisement related to global terrorism on its public buses, the U.S. Ninth Circuit Court of Appeals held....more

Best Best & Krieger LLP

[WEBINAR] Creating an Accessible City

This webinar by Best Best & Krieger LLP Partner Michael Maurer covers the basic requirements of the Americans with Disabilities Act as it relates to public facilities, with an emphasis on the public right of way. Michael...more

Best Best & Krieger LLP

[WEBINAR] Public Records Act - Taming the Email Tiger

In this webinar, Best Best & Krieger LLP attorney Christine Wood explains how public agencies can create an email retention policy that helps reduce PRA production costs. This webinar covers the basics of a good email...more

Best Best & Krieger LLP

PRA Fee Award Narrowed to Cover the Issue of Scope of Redactions - Part I: Pasadena Police Officers Association v. City of...

A California Court of Appeal upheld a decision to drastically reduce an attorney fee award request against the City of Pasadena to a newspaper in a Public Records Act litigation — a decision that should bring relief to public...more

Best Best & Krieger LLP

Party-by-Party Analysis Adopted for Anti-SLAPP Motions to Dismiss - California Court of Appeal Applies Anti-SLAPP Statute to Some...

A party-by-party analysis was adopted by an appellate court for the California anti-SLAPP statute, significantly narrowing the scope of a lawsuit brought against the City of Alameda and its employees. ...more

Best Best & Krieger LLP

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less...

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus...more

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