Sean B. Mick is an Associate in Lozano Smith's Sacramento Office. Mr. Mick focuses on local government, facilities and business practice, and public finance law. Mr. Mick advises clients on a variety of transactional matters affecting school districts, including public agency bonds and certificate of participation financings, lease/leaseback arrangements, construction documentation, public records requests, open meetings laws and surplus property disposition. He is a member of NABL and nationally recognized as municipal bond counsel in the Red Book.
Prior to joining Lozano Smith as a Law Clerk, Mr. Mick was a judicial extern to Hon. Magistrate Judge Kendall J. Newman, Eastern District of California. As a judicial extern, Mr. Mick performed legal research and prepared memoranda on various federal and state law issues.
Prior to law school, Mr. Mick was an experienced project manager and paralegal in public finance, Mr. Mick managed and closed over 300 bond financings. Mr. Mick gained extensive experience drafting and managing workflow for bond and disclosure documents, performing "due diligence" review and analysis of contracts, leases and other organizational documents, and drafting legal memoranda and other correspondence.
Mr. Mick has also been a small business owner and enjoys helping clients accomplish their business goals while solving their facilities and finance legal issues.
Mr. Mick is a member of the State Bar of California, and a member of the National Association of Bond Lawyers (NABL).
Mr. Mick received his Juris Doctor degree with distinction from the University of the Pacific, McGeorge School of Law. Mr. Mick also received certificates of concentration in Business Law and Tax Law. Mr. Mick received Witkin awards for best in class performance in Criminal Procedure and Business Transactions and, upon graduation from McGeorge, became a member of the Traynor Honor Society. He earned his Bachelor of Arts in History from the University of California, Davis.
On June 6, 2017, S&P Global Ratings (S&P) placed two of the three active municipal bond insurers, Build America Mutual Assurance Company (BAM) and National Public Finance Guarantee Corp. (NPFGC), on credit watch with negative implications.
S&P intends to review the insurers and may adjust their assigned rating based on their competitive strengths or weaknesses relative to their peers. S&P stated that its review may lead to a downgrade of BAM or NPFGC...
As Lozano Smith previously reported (see 2016 Client News Brief No. 69), on September 12, 2016, Governor Jerry Brown signed Senate Bill (SB) 1029, which requires all California public agencies to report annually on any debt sold on or after January 21, 2017. In addition to the annual reporting requirement, SB 1029 requires all public agencies to implement a debt policy covering certain minimum statutory requirements. Effective January 1, 2017, a debt policy must be implemente...
In August and September 2016, Governor Jerry Brown signed three Assembly bills and one Senate bill related to public finance, including bills regarding K-14 school districts' general obligation bonds and school district parcel taxes.
The specifics of each bill are described below.
Assembly Bill (AB) 2116: Requirement to Obtain Reasonable and Informed Projections of Assessed Valuations Prior to Ordering a Bond Election
Some critics have complained that too o...
On Wednesday, February 10, 2016, the Government Finance Officers Association (GFOA) issued an alert urging bond issuers to be on the lookout for calls from the Securities and Exchange Commission's Enforcement Division with settlement offers under the Municipalities Continuing Disclosure Cooperation (MCDC) Initiative. Based on the SEC's treatment of underwriters in recent rounds of settlement negotiations (in which underwriters were given as little as one week to agr...
In light of a recent Attorney General opinion, school districts and community colleges are advised to examine their contracts with municipal finance firms for their planned future bond elections and post-election issuance services, particularly where the agency will pay for such services on a contingency basis. According to Attorney General Kamala Harris, in her Opinion No. 13-304, released January 26, 2016, a school or community college district violates California...
With interest groups scrutinizing school district Local Control Accountability Plans (LCAP) and at least a lawsuit pending against the Los Angeles Unified School District and Los Angeles County Office of Education over LAUSD's LCAP, school board members and school officials are left to wonder if their LCAPs-required under the State's recently enacted apportionment and funding plan known as the Local Control Funding Formula or "LCFF"-leaves them vulnerable to litigation or other challenges.
February 2015Number 10In light of a recent court of appeal decision, all public agencies are cautioned to examine carefully their retention practices at project closeout. The court in FTR International, Inc. v. Rio School Dist. (Jan. 27, 2015) 2015 Cal.App.Lexis 68, concluded that a dispute over the contract price does not entitle a public agency to withhold funds due to the prime contractor. In the event of a dispute, a public entity may only withhold funds from retention as security against...
Since its enactment, local government has turned to the flexibility of the Mello-Roos Community Facilities Act of 1982 (Government Code § 53311, et seq., the "Mello-Roos law") to provide a vehicle for financing needed infrastructure, through the levying of a special tax to support issuance of bonds. However, a recent California appellate court opinion, City of San Diego v. Shapiro (2014) 228 Cal.App.4th 256 (Shapiro), casts some doubt as to the constitutionalit...
On July 23, 2014, Governor Jerry Brown signed into law Assembly Bill 2274 (AB 2274), clarifying that governmental issuers of debt must file reports with the California Debt and Investment Advisory Commission (CDIAC) relating to all debt issues. For purposes of CDIAC reporting, "debt issues" include the full range of financing vehicles, from lease financings for copiers to voter-approved bond issues, and everything in between. Two such reports are required for...
July 2014Number 45 On July 31, 2014, the Securities and Exchange Commission (SEC), Enforcement Division, announced that it has extended the deadline to its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, from September 10, 2014, to December 1, 2014. The MCDC Initiative was launched earlier this year by the SEC to allow municipal issuers and underwriters to self-report potential violations of their continuing disclosure obligations. The SEC hopes that the extended deadlin...