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New Laws Restrict Law Enforcement Agencies' Right to Withhold Recordings Relating to "Critical Incidents"

After years of failed attempts, the Legislature has passed, and Governor Brown has signed into law, two bills that remove the longstanding layers of protection and confidentiality for certain law enforcement records. Senate Bill (SB) 1421, which becomes effective January 1, 2019, increases public access to certain records relating to allegations of misconduct by law enforcement.

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Court Rejects Developer-Sponsored Initiatives

A California appellate court has ruled that development agreements may not be approved through voter initiatives. Development agreements are contracts between a local agency and a property owner or developer.

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Court Limits Enforcement of Public Sleeping Ordinances

A federal appeals court has held that a city could not enforce local ordinances that prohibit homeless persons from sleeping outside when shelter is not available. Municipalities with similar ordinances may be affected by the Ninth Circuit Court of Appeals' decision in Martin v. City of Boise.

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Ninth Circuit Upholds California's Voters' Choice Act

The Ninth Circuit Court of Appeals recently affirmed the constitutionality of California's Voters' Choice Act (VCA), which provides for an all-mail ballot election system.

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Mayor-Sponsored Pension Reform Ballot Measure Triggered Meet and Confer Requirement, Court Rules

When a public official with responsibility for labor relations sponsors a ballot measure affecting workers' terms and conditions of employment, the duty to meet and confer arises, the California Supreme Court recently ruled.

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Public Entities May Rely on Claimant's False Representations of Timeliness on Claim Forms

In Estill v. County of Shasta, the Court of Appeal has ruled that a public entity has no duty under the Government Claims Act to advise a claimant that they may seek leave to file a late claim within 45 days, where the claim appears to be timely on its face.

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Records Requesters May Recover Attorney Fees in Reverse-CPRA Actions

The stakes of asking a court to halt the disclosure of documents sought under a California Public Records Act (CPRA) request just got higher for private parties.

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Lawmakers Okay Budget Bill Addressing Union Dues Collection and Communications about Membership Rights

California lawmakers have approved a budget trailer bill that imposes new obligations on public sector employers related to deducting union dues and fees from workers' paychecks.

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Overturning Longstanding Precedent, Supreme Court Rules that Non-Union Members Cannot Be Required to Pay Agency Fees

In a 5-4 decision, the United States Supreme Court has held that non-union public employees may no longer be required to pay mandatory agency fees on the grounds that such fees violate the First Amendment. In so holding, Janus v. AFSCME reverses 40 years of legal precedent.

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