Just last month, the California Supreme Court issued its decision that the trial court should have overruled the City of Oakland’s demurrer in Zolly v. City of Oakland (2020) 47 Cal.App.5th 73. In doing so, this would potentially create a significant impact on local solid waste franchise fees and the terms and rates of local franchise agreements.In Zolly, various solid waste disposal...
The Ralph M. Brown Act, enacted in 1953, ensures public agencies deliberate and conduct their business in open public meetings. It also expressly states that the public has the right to address any agenda item, before or during the consideration of the item; and on any matter within their jurisdiction. The Brown Act further authorizes the members of the legislative...
The Third District Court of Appeal recently issued an opinion that significantly limits the ability of governmental entities to challenge large scale public records requests. In Getz v. Superior Court, 72 Cal.App.5th 637 (2021), the Court noted the plain directive of Gov. Code § 54950 that “government business is the people’s business,” whether conducted in deliberative proceedings or records of...
With homelessness encampments encroaching upon public spaces, local governments are looking for creative ways to resolve this issue.In Martin v. Boise, the Ninth Circuit Court held that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” It did not establish a constitutional right to...
What is a “reasonable” leave period under the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA)? That is a question public employers face all too often, to their detriment. As an example, let’s review two cases which are the opposite faces of the same disability leave coin. In an ADA case, the employer paid out a...
On February 8, 2022, Governor Gavin Newsom signed Senate Bill 114 which once again authorizes supplemental paid sick leave for employees who work for organizations with more than 25 employees. Retroactive to January 1, 2022, a covered employee is now entitled to supplemental paid sick leave if the covered employee is unable to work or telework due to any of...
Just last month, the California Supreme Court issued its decision that the trial court should have overruled the City of Oakland’s demurrer in Zolly v. City of Oakland (2020) 47 Cal.App.5th 73. In doing so, this would potentially create a significant impact on local solid waste franchise fees and the terms and rates of local franchise agreements.In Zolly, various solid waste disposal...
The Ralph M. Brown Act, enacted in 1953, ensures public agencies deliberate and conduct their business in open public meetings. It also expressly states that the public has the right to address any agenda item, before or during the consideration of the item; and on any matter within their jurisdiction. The Brown Act further authorizes the members of the legislative...
The Third District Court of Appeal recently issued an opinion that significantly limits the ability of governmental entities to challenge large scale public records requests. In Getz v. Superior Court, 72 Cal.App.5th 637 (2021), the Court noted the plain directive of Gov. Code § 54950 that “government business is the people’s business,” whether conducted in deliberative proceedings or records of...
With homelessness encampments encroaching upon public spaces, local governments are looking for creative ways to resolve this issue.In Martin v. Boise, the Ninth Circuit Court held that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” It did not establish a constitutional right to...
What is a “reasonable” leave period under the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA)? That is a question public employers face all too often, to their detriment. As an example, let’s review two cases which are the opposite faces of the same disability leave coin. In an ADA case, the employer paid out a...
On February 8, 2022, Governor Gavin Newsom signed Senate Bill 114 which once again authorizes supplemental paid sick leave for employees who work for organizations with more than 25 employees. Retroactive to January 1, 2022, a covered employee is now entitled to supplemental paid sick leave if the covered employee is unable to work or telework due to any of...