News & Information

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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Municipal Law Updates September 20, 2018

Increased Amounts for Bidding Public Projects under the Uniform Public Construction Cost Accounting Act

I. SUMMARY The Uniform Public Construction Cost Accounting Act (“UPCCAA”) provides public agencies with an optional, alternative and less-burdensome bidding procedure for public works projects that are valued at a certain amount. Assembly Bill 2249 (“AB 2249”) increased these amounts so that more public works contracts can be awarded using these relaxed bidding procedures. Agencies…

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Municipal Law Updates September 20, 2018

New State Law Limits City Authority to Regulate Sidewalk Vendors

I. SUMMARY Intended to increase economic opportunities to low-income and immigrant communities, increase access to culturally significant food and merchandise, and to contribute to safe and dynamic public spaces, Senate Bill 946 (“SB 946”) limits local authority to regulate sidewalk vendors. Any local regulations on sidewalk vendors must comply with newly enacted state laws that…

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