Cities cannot limit public comments at special meetings based on comments at prior, distinct meetings.
SUMMARY On February 22, 2019, the California Second District Court of Appeal, in Preven v. City of L.A.,1 held that while the Brown Act allows for restricting public comment under certain conditions at regular meetings, the Act does not permit limiting comment at special city council meetings based on public comments at prior, distinct committee […]
We are excited to announce our Northern California office has moved to Citrus Heights!
We are excited to announce our Northern California office has moved to Citrus Heights! Our new address is 6349 Auburn Blvd, Citrus Heights, CA 95621. We are looking forward to being a part of the Citrus Heights community.
Vol. 22 No. 8- Rent to a Pot Dispensary – Go to Jail
“RENT TO A POT DISPENSARY-GO TO JAIL” July 18, 2007 Recently, the Federal Drug Enforcement Administration notified approximately 150 Los Angeles landlords that if they rent properties for use as medical marijuana dispensaries they face arrest, incarceration and loss of those properties. Timothy J. Landrum, DEA special agent in charge of the Los Angeles office, […]
Vol. 21 No. 15- Sheriffs And Attorney’s Fees- The Latest Decision
SHERIFFS AND ATTORNEY’S FEES- THE LATEST DECISION October 27, 2006 As many of you will recall, the Kern County Board of Supervisors sued retired Sheriff Carl Sparks (2 ½ years after his retirement) alleging that he had filed false claims when he authorized premium pay for various commanders in his department. The premium pay was […]
Vol. 21 No. 14- Peace Officer Personnel Information And The Public Records Act
PEACE OFFICER PERSONNEL INFORMATION AND THE PUBLIC RECORDS ACT September 11, 2006 On August 31, 2006 , the California Supreme Court, affirmed that peace officer personnel information is confidential, even if the officer appeals discipline administratively. In the case ofCopley Press v.Superior Court (County of San Diego), 2006 DAR 11839, the Supreme Court reversed the […]
Vol. 21 No. 13- Getting Paid For Getting Dressed?
GETTING PAID FOR GETTING DRESSED? August 15, 2006 Rains, Lucia & Wilkinson (“RL&W”) is a highly respected labor law firm, which represents numerous law enforcement officers and associations, and is based in northern California . On August 1, 2006, it published a “Client News Bulletin” entitled “Getting Paid for Getting Dressed” and concludes that, “the […]
CSSA Magazine Article- Cost Recovery of Expenses Responding to DUI Incident
“COST RECOVERY OF EXPENSES RESPONDING TO DUI INCIDENTS” July, 2006 By: Martin J. Mayer JONES & MAYER There has been an ongoing debate surrounding the question of what expenses can law enforcement recover when responding to an incident caused by an intoxicated driver? The debate focused on how one defines an “incident” and, whether the […]
Vol. 21 No. 11- U.S. Supreme Court Rules On Parolee Searches And “No Knock” Violations
U.S. SUPREME COURT RULES ON PAROLEE SEARCHES AND “NO KNOCK” VIOLATIONS June 26, 2006 I. PAROLEES On June 19, 2006 , the U.S. Supreme Court issued an opinion in the case of Samson v. California , 2006 U.S. Lexis 4885, and held that under California law a parolee can be subjected to a search by […]
Vol. 21 No. 10- Public Employee Speech And The First Amendment
PUBLIC EMPLOYEE SPEECH AND THE FIRST AMENDMENT June 5, 2006 On May 30, 2006 the United States Supreme Court issued an opinion in the case of Garcetti v. Ceballos, 2006 DJDAR 6495, holding that the First Amendment of the United States Constitution does not protect statements, made by a public sector employee, which were made pursuant […]
Vol. 21 No. 9- Penal Code Section Prohibiting False Citizens’ Complaints Against Peace Officers Unconstitutional
PENAL CODE SECTION PROHIBITING FALSE CITIZENS’ COMPLAINTS AGAINST PEACE OFFICERS UNCONSTITUTIONAL. May 17, 2006 On May 15, 2006 , the United States Supreme Court denied a petition for review of a Ninth Circuit Court of Appeals decision holding California Penal Code Section 148.6 unconstitutional, Docket No. 05-1118. Section 148.6 provides that “[e]very person who files […]