News & Analysis as of

Public Officials State and Local Government

Bricker Graydon LLP

New AOS Requirement: All Employees and Elected Officials of a Political Subdivision Required to Complete Online Fraud Training by...

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Per recent updates to various sections of Ohio law, all employees and elected officials of public entities in Ohio are required to report alleged fraud, theft in office, or misuse or misappropriation of public money....more

Bricker Graydon LLP

Township Civility: Dealing with Difficult Residents, Staff, and Elected Officials

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There is not a public servant, employee, or trustee who doesn’t have a war story regarding an unruly public meeting or hearing gone wild. Perhaps it was just a quirky public comment. Maybe it’s a viral comment from a public...more

Tucker Arensberg, P.C.

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

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Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

Tucker Arensberg, P.C.

OOR Rules that Elected Official’s Social Media Accounts are Records of the Agency

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In Schultz v. Montgomery County, AP 2020-1280, the Requester sought records related to a County Commissioner’s social media accounts, including sent and received Twitter Direct Messages and private Facebook messages, all...more

Bricker Graydon LLP

Public records for private police in Ohio: A refresher

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On May 21, 2015, the Ohio Supreme Court ruled in State ex rel. Schiffbauer v. Banaszak that police departments at private universities are “public offices” subject to Ohio’s public records law. This law requires such police...more

Skadden, Arps, Slate, Meagher & Flom LLP

Notable Political Law Developments in New York, Texas and Los Angeles

Below, please find a summary of notable political law developments in New York, Texas and the city of Los Angeles. New York State Reduces Contribution Limits Beginning in November 2022 - Late last year, the New York...more

Skadden, Arps, Slate, Meagher & Flom LLP

Two Additional Presidential Candidates Subject to Federal Pay-to-Play Rules

In a recent mailing we noted that the following Democratic presidential candidates are covered under federal pay-to-play rules (i.e., SEC 206(4)-5, MSRB G-37, CFTC 23.451 and FINRA 2030) because they are currently elected...more

Tucker Arensberg, P.C.

Statements of Financial Interest Cannot be Redacted (Section 306; Ethics Act)

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In Guydish v. Crestwood School District, AP 2019-0643, the requester sought copies of the statements of financial interests filed by the school district’s current school board members pursuant to the Public Official and...more

Brownstein Hyatt Farber Schreck

Colorado Springs and Fort Collins Municipal Election Results Are In

After last week’s municipal elections in Colorado Springs and Fort Collins, both mayors kept their seats in both cities while one of the city council races in Fort Collins is still too close to call. In addition, voters...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Political Law: What to Consider When Providing Investment Fund Services to US State and Local Government...

With heightened attention to investment and depository rules as well as increased enforcement of federal and state pay-to-play rules, registered investment advisers (RIAs) and broker-dealers should address the unique legal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Voters in Three States Approve Ballot Measures Involving Campaign Contribution Limits and Ethics Reforms

On Election Day in 2018, voters in three states approved amendments to rules involving a variety of ethics reforms involving lobbying, contributions and gifts....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

Analysis: Calif. Attorney-Officials Must Heed AGs Ethics Warning - BB&K's Gary Schons Writes in Law360 About Opinion on Ethics and...

The California attorney general recently issued an opinion addressing both the attorney ethics and legal conflicts implications posed when an attorney who serves as an elected public official — in the case at hand, a city...more

Fisher Phillips

Expect Changes To New York Sexual Harassment Laws In 2018

Fisher Phillips on

Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more

Bricker Graydon LLP

Avoiding conflicts of interest

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Most public officials, especially those at the local level, hold private employment, own businesses and have family in the community. This can make avoiding conflicts of interest a challenge when asked to vote on an ordinance...more

Harris Beach PLLC

FOIL Request Denials Could Come with a Cost to NYS Agencies and Municipalities

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State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more

Best Best & Krieger LLP

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

Nossaman LLP

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

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In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more

Best Best & Krieger LLP

Officials’ Top 10 Things to Remember About Public Participation in Local Government

As the national political climate heated up recently, some local governments are facing spillover effects, with local and sometimes even out-of-town activists and provocateurs attending city council, school board and other...more

Downey Brand LLP

California Supreme Court Rules Public Officials' and Employees' Personal Accounts Do Not Escape Reach of Public Records Act

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On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Issues Interpretation on Federal Transition and Inaugural Contributions

On December 23, 2016, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued a staff interpretation saying that, in its view, contributions by swap dealers and their...more

Best Best & Krieger LLP

The Ethics Advisor: The Details Matter — Recusing Yourself Due to Conflict of Interest

Once, when I had put a lot of time and attention into arranging the particulars of social engagement, an old acquaintance called me a “detallista.” At the time, I think she may have meant it more as a slight than a...more

Best Best & Krieger LLP

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds - A public official need not be in charge of public funds to be convicted of misappropriating them, the California Supreme Court...more

Troutman Pepper

Public Officials, Financial Disclosure And A New Era Of Liability

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The Securities and Exchange Commission is making it clear: Government leaders who issue misleading financial information are putting themselves at risk. Several recent actions by the Securities and Exchange Commission...more

Best Best & Krieger LLP

Ethics Laws and the Importance of Transparency for Public Officials

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Matthew "Mal" Richardson, who serves as city attorney of Stanton and assistant city attorney of Lake Forest, talks about the Brown Act, ethics training for public officials and other important laws and regulations that ensure...more

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