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Attorney General Confirms Board or Council Member Health Care Benefits cannot be more Generous than Employee Benefits

The California Attorney General, in a recent opinion, has concluded that members of legislative bodies may not receive health and welfare benefits not widely offered to the agencies' employees and officers and that mistakes made in determining benefit plans offered to legislative body members can yield serious consequences.

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Deadline to Present Claims against Public Entities Extended

In a series of executive orders addressing impacts of the COVID-19 pandemic, Governor Gavin Newsom has extended a statutorily-imposed timeline significant to public entities.

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Court of Appeal Rules that Santa Monica’s At-large Method of Elections Does Not Violate the California Voting Rights Act

On July 9, 2020, California's Second District Court of Appeal unanimously held that the City of Santa Monica's (City) at-large elections do not violate the California Voting Rights Act (CVRA) (Elec. Code, § 14025, et seq.).

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Senate Bill 98 Suspends LCAPs for 2020-2021; Instead, LEAs Must Adopt a Learning Continuity and Attendance Plan

Senate Bill (SB) 98, the Budget Education Trailer Bill, suspends the requirement to adopt a Local Control Accountability Plan (LCAP) for the 2020-2021 school year. Instead, for the 2020-21 school year, local educational agencies (LEA) will be required to adopt a "learning continuity and attendance plan."

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Individual Councilmember’s Conduct Found to Deny Fair Hearing

It is sometimes difficult for elected officials to remain unbiased when considering controversial matters, while properly representing their constituents at the same time.

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Plaintiffs with Late Tort Claims Take a Hit

A would-be plaintiff’s ability to obtain relief from the government claim presentation requirement (the Government Claims Act, Gov. Code, § 810, et seq.) has been limited by the California Court of Appeal.

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CDE Issues Template for Written Report in Place of LCAP; Executive Order N-56-20 Changes Budget Adoption Process for 2020-2021

The California Department of Education (CDE) has issued the template for local education agencies (LEAs) to use for their written report to the community explaining their changes to program offerings made in response to school closures to address COVID-19.

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Public Agencies Must Disclose All Public Documents Regardless of the Record’s Origin

In Becerra v. Superior Court of San Francisco, California's First District Court of Appeal broadened the definition of documents that public agencies must provide pursuant to a request made under the Public Records Act (PRA), to include records in the possession of the agency regardless of the record's origin.

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New Brown Act Case Clarifies Brown Act’s Pending Litigation Exception When Litigation is Orally Threatened

On February 10, 2020, the California Court of Appeal decidedFowler v. City of Lafayette (2020) __ Cal.App.5th __, concluding a five-year dispute among neighbors involving the construction of a tennis court cabana on private residential property.

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