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Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public Record
December 15, 2014 | Bulletin No. 1166066.1
The Court of Appeal, Second Appellate District, delivered a sobering reminder to public agencies to carefully review documents produced in response to the Public Records Act (“PRA”) to avoid disclosure of documents protected by evidentiary privileges.
December 8, 2014 | Bulletin No. 1163976.1
In Pitchess, the California Supreme Court (the "Court") held that, upon good cause, a criminal defendant can obtain law enforcement personnel records. In 1978, the California Legislature codified this process by adding a series of statutes to the Evidence Code. In Riverside County Sheriff’s Department v. Stiglitz (Drinkwater), December 1, 2014, Case No. S206350, the Court held that these statutes authorize an arbitrator (and not just a judge) to order the review of law enforcement personnel records.
December 7, 2014 | Bulletin No. 1160236.1
Anti-SLAPP motions provide defendants with a valuable tool to dispose of meritless cases that stifle protected speech . In Squires v. City of Eureka (October 17, 2014, A138768; A139849) ___Cal. App.4th___ [14 Cal. Daily Op. Serv. 12, 987], the Court of Appeal upheld the use of an anti-SLAPP motion by the City of Eureka ("City") to dismiss a case brought by a group of landlords, after finding that the case stemmed from the City's protected code enforcement activities.
Courts Uphold Supplemental Assessment of Wells and Related Facilities/Improvements; and Validate Use of Cost Approach
November 11, 2014 | Bulletin No. 1156003.2
The County of Kern Tax Assessor’s (“Assessor”) use of the cost approach to value to appraise new oil and gas wells for the purpose of levying supplemental assessments has been upheld by the Fifth District Court of Appeal. In Chevron USA, Inc. v. County of Kern (October 28, 2014, F066273) ___Cal.App.4th ___ [2014 Daily Journal D.A.R. 14,553], the Court of Appeal affirmed the Kern County Assessment Appeals Board's (“Board”) decision which upheld the Assessor’s cost method for valuing new oil and gas wells, and found that the Board’s decision was a valid exercise of its discretion.
Thursday, November 6, 2014
Sacramento Area Sewer Dist.
Sacramento Chapter of the American Public Works Association (APWA)
Jonathan P. Hobbs
This presentation will focus on a) What is Ethics, b) Ethical vs.Legal Issues, and c) Organizational Culture
Daily Journal, Thursday, October 9, 2014
Tax increment financing is back in California. New state legislation expanding the use of property tax increment through infrastructure financing districts (IFDs) gives local governments a tool to invest in needed infrastructure and economic development projects, much as they formerly could through redevelopment agencies until their elimination in 2012. However, it's clear that the new IFDs won't fully replace redevelopment agencies and the billions of dollars of tax increment they once generated.
September 29, 2014 | Bulletin No. 1146149.1
In CEQA litigation, the party challenging the project can either request that the agency prepare the record of proceedings (“Record”), or prepare the Record itself, subject to certification by the lead agency. In either case, the party preparing the Record must strive to do so at reasonable cost, and a prevailing party who prepared the Record may recover the costs of doing so.
September 15, 2014 | Bulletin No. 1143376.1
In Rominger v. County of Colusa (2014) (September 9, 2014, C073815) __ Cal.App.4th___, the Court of Appeal reversed the trial court and held that a tentative subdivision map is a project under the California Environmental Quality Act (“CEQA”). In doing so, the Court rejected the County of Colusa’s (“County”) and project applicant’s contention that, in the absence of a specific development plan, the division of land alone is not a CEQA project. Ultimately, the appellate court found that the petitioners had submitted sufficient evidence so as to require the preparation of an environmental impact report (“EIR”) for the subdivision project.
August 13, 2014 | Bulletin No. 1135574.1
The First District Court of Appeal determined that City of San Francisco (“City”) resident Allen Grossman (“Grossman”) was not entitled to documents related to the development of certain San Francisco Ethics Commission (“Commission”) regulations. The case concerned a group of documents that had been withheld on the basis of attorney-client privilege, even though the City’s Sunshine Ordinance required disclosure of the documents. The Court found that the attorney-client privilege afforded to the Commission’s communications with the City Attorney’s Office in the furtherance of seeking legal advice were enshrined in the City’s Charter, which preempted the Sunshine Ordinance (S.F. Admin. Code, ch. 67). (St. Croix v. Superior Court (2014) __ Cal.Rptr.3d ___ 2014 WL 3704275).
Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual Teacher Names Tied To Those Scores
August 4, 2014 | Bulletin No. 1133530.1
The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time scores revealing the names of individual teachers tied to those scores were exempt from disclosure under the "catch-all" exemption to the California Public Records Act because the public interest in non-disclosure of teachers' names under the particular circumstances clearly outweighed the public interest served by their disclosure.
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