News & Information

Municipal Law Updates October 18, 2018

New State Law Imposes Procedural Protections Against Water Utility Shutoffs

I. SUMMARY Intended to minimize the number of Californians who lose access to water service due to their inability to pay, Senate Bill 998 (“SB 998”) provides additional procedural protections before residential water service can be discontinued. These protections apply to water service provided by an “urban and community water system,” a “public water system,”…

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Client Alerts — Law Enforcement October 4, 2018

Vol. 33 No. 34 POLICE OFFICER BODY CAMERA VIDEO AND AUDIO RECORDINGS OF “CRITICAL INCIDENTS” ARE DISCLOSABLE UNDER THE PUBLIC RECORDS ACT

On September 30, 2018 Governor Brown signed into law Assembly Bill 748 (“AB 748”) which added language to the Public Records Act that relates to police investigation records. Beginning July 1, 2019, video or audio recordings of “critical incidents” may only be withheld from the public for a period of longer than 45 days if…

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Client Alerts — Law Enforcement October 2, 2018

Vol. 33 No. 33 RECORDS OF OFFICER INVOLVED SHOOTINGS, USES OF FORCE RESULTING IN GREAT BODILY INJURY OR DEATH, AND SUSTAINED INCIDENTS OF SEXUAL ASSAULT AND DISHONESTY ARE SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT

Governor Brown recently signed into law Senate Bill 1421 (“SB 1421”) which changed the confidential status of certain records contained in peace officer personnel files. SB 1421 effects a significant change with respect to the disclosure of certain categories of peace officer personnel files by way of the California Public Records Act.  Beginning January 1,…

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Client Alerts — Law Enforcement September 27, 2018

Vol. 33 No. 32 DISTRICT COURT ORDER IN IMMIGRATION CASE GRANTS CITY’S APPLICATION FOR PRELIMINARY INJUNCTION WHERE ATTORNEY GENERAL SEEKS TO IMPOSE IMMIGRATION CONDITIONS ON FEDERAL GRANTS FOR CITY

On September 13, 2018 in the case of City of Los Angeles v. Jefferson B. Sessions, 293 F. Supp. 3d 1087 (C.D. Cal. 2018), the United States District Court for the Central District of California granted the application by the City of Los Angeles (“City”) for a preliminary injunction to enjoin the imposition of new…

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Client Alerts — Law Enforcement September 27, 2018

Vol. 33 No. 31 CALIFORNIA SUPREME COURT DENIES REVIEW OF COURT OF APPEAL DECISION ON POBRA STATUTE OF LIMITATIONS

As reported to you in an earlier Client Alert (Vol. 33 No. 23; July 27, 2018) the First District Court Appeal had held in Daugherty v. City and County of San Francisco, 24 Cal. App. 5th 928 (1st Dist. 2018) that disciplinary charges were timely where a senior officer aware of officer misconduct was not…

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Client Alerts — Law Enforcement September 27, 2018

Vol. 33 No. 30 A REVIEW OF THE LAW ENFORCEMENT OFFICERS SAFETY ACT AND RECENT CASE DEVELOPMENTS

The Law Enforcement Officers Safety Act (“LEOSA”) is a federal law that was enacted in 2004 which is set forth in 18 U.S.C. Sections 926B and 926C. Generally, LEOSA provides that active and retired law enforcement officers who meet certain criteria may carry a concealed firearm, with certain restrictions. Since its enactment, LEOSA has subsequently…

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Municipal Law Updates September 26, 2018

9th Circuit Determines Ceremonial Prayer During School Board Meeting Violates Establishment Clause

I. SUMMARY In a recent decision,1 the United States Court of Appeals for the 9th Circuit held that a school district’s policy of opening board meetings with prayer violates the Establishment Clause of the United States Constitution. The 9th Circuit held that unlike ceremonial prayers before legislative bodies that are generally constitutional, such prayers in…

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Municipal Law Updates September 26, 2018

California Supreme Court Upholds City’s Transfer of Funds from its Utility Enterprise Fund to its General Fund

I. SUMMARY Recently, the California Supreme Court ruled in favor of the City of Redding in upholding the city’s annual transfer of funds from its electric utility enterprise fund to its general fund to compensate the city for its costs in providing services to the utility.1 This transfer, called a “payment in lieu of taxes”…

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