Disclosure of Peace Officer Names on “Brady List” Requires Pitchess Motion
July 14, 2017 -- Client Alert
California Court of Appeal finds Brady policy disclosures violate Pitchess procedures.
Client News
New Law Imposes Potential Penalties for Contracts Subject to Prevailing Wages
July 12, 2017 -- Client Alert
Effective immediately, local government agencies may be forced to pay penalties for failing to comply with new requirements to ensure compliance with prevailing wage laws. These changes are part of SB 96, which was signed into law on June 27, 2017.
Executive Order Issued on "Waters of the United States"
April 19, 2017 -- Client Alert
On February 28, 2017, President Trump signed Executive Order, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule." The Executive Order requires that the United States Environmental Protection Agency and the Army Corps of Engineers publish for notice and comment a proposed rule rescinding or revising the “Clean Water Rule: Definition of ‘Waters of the United States,’” (the “WOTUS Rule”).
CA Court Orders Return of Cash and Cars to Criminal Defendants
March 22, 2017 -- Client Alert
Last week, the Court of Appeal for the Fifth District decided a number of consolidated cases in favor of criminal suspects and defendants who petitioned to have returned to them cash and vehicles, lawfully seized by law enforcement officers for narcotics related offenses.
Invoices for Legal Services and the California Public Records Act
January 11, 2017 -- Client Alert
On December 29, 2016, the Supreme Court of California issued its decision in Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), Case No. S226645. The Court held invoices for legal services transmitted to a governmental agency by outside counsel are not categorically exempt from disclosure under California Public Records Act (“PRA”). However, the contents of a legal invoice are privileged to the extent they either communicate information for the purpose of legal consultation or risk exposing information that was communicated for such a purpose. The latter category includes protecting, in their entirety, invoices that reflect work in active and ongoing litigation matters.
Requirements to Deter Excessive Residential Water Use During a Drought
December 13, 2016 -- Client Alert
This alert provides an update on recent legislation that requires urban retail water suppliers to actively discourage overuse of water through a new or amended ordinance, rule, or tariff condition.
Wholesale Rates and Proposition 26, Newhall County Water District v. Castaic Lake Water Agency
December 1, 2016 -- Client Alert
Earlier this year, the Court of Appeal issued its decision in Newhall County Water District v. Castaic Lake Water Agency (“Newhall”). The court held a wholesale water agency’s rate structure, which included a charge for groundwater pumping (despite the fact it did not sell groundwater to Newhall), violated Proposition 26.
Local Officials Must Participate in Sexual Harassment Prevention Training and Education
November 16, 2016 -- Client Alert
On September 29, 2016, the Governor signed AB 1661 into law. AB 1661 expanded the anti-harassment training requirement to elected officials and members of legislative bodies of local agencies. “Local agencies” include cities, counties, charter cities, charter counties, and special districts.
Public Comment Invited for Water Recycling Criteria for Direct Potable Reuse
October 11, 2016 -- Client Alert
Public agencies have been invited to submit public comments to the State Water Resources Control Board on a draft report on direct potable reuse by October 25, 2016.
Rehearing of Overtime Case Denied
September 20, 2016 -- Client Alert
On August 23, 2016, the Ninth Circuit denied rehearing in Flores v. City of San Gabriel, in which it held San Gabriel’s cash payments of unused benefits to employees must be included in the regular rate of pay when calculating overtime.
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