Locally elected governing bodies and their appointed officials and employees need a partner that understands and can effectively navigate the complex and frequently changing laws. We remain abreast of the laws affecting municipalities and support the education community on governance issues so that our clients can ultimately stay focused on what they do best - enhancing the communities they serve.
Areas of Practice
To best meet the needs and ensure the ongoing success of its clients, Lozano Smith's Municipal Practice Group provides advice in all areas of law affecting cities, counties and special districts, and provides specialized services to all of the firm's public agency clients in the following areas:
- Open Meeting Laws/Brown Act
- Records Request/Public Records Act
- Conflicts of Interest and Ethics
- Fees, Taxes & Assessments
- Claims Against Public Agencies
- Employment/Personnel and Collective Bargaining for Public Agencies
- Land Use
- Water Rights & Regulation
- CEQA
- Construction Advice and Litigation
- Public Safety
- Police
- Fire
- Code Enforcement
- Americans with Disabilities Act
- Intergovernmental Relations
- Elections, Redistricting and Voting Rights Act
- Public Agency Formation, Organization and Reorganization
- Public Financing/Tax Exempt Bonds
- Economic development
- E-communications and the retention of, and public access to, electronic documents
- Land use and planning law
- Real Estate law
- FPPC regulations
- Environmental Law (i.e., water, hazardous waste and municipal waste)
- The Subdivision Map Act
- Elections law
- Contract law
- Municipal tort law
- Public contracts and franchises
- Parliamentary procedure
- Litigation experience
- Process misdemeanor violations
- PUC Proceedings
- Eminent Domain
- Joint Powers Shared Services Agreements
Real World Applications
As a law firm dedicated to the practice of public agency law, we have developed expertise representing various cities, counties and special districts in California. The firm's Municipal Practice Group is comprised of attorneys who have served in county counsel, city attorney and general counsel capacities for many years, gathering a wealth of knowledge and understanding of client needs. Our attorneys currently serve as City Attorneys for the cities of Chowchilla, Clovis, Dos Palos, Fowler, Greenfield, Hollister, Lemoore and Reedley, as County Counsel for Madera County, and as general counsel for many kinds of special districts.
Client Focused
Lozano Smith’s longstanding experience and dedication to public agency law provides special districts with unique, multi-faceted areas of expertise. Our Local Government, Labor & Employment and Litigation Practice Groups, among others, regularly collaborate to serve clients on the most pressing issues, with a focus on cost-preventive measures. With eight offices spread across California, Lozano Smith’s Local Government Practice Group provides advice in all areas of law affecting special districts, and provides specialized services in the following areas:
- Annexation/detachment and modification of service boundaries
- Approval and review of loan documents and lease agreements
- Bargaining and Labor Negotiations
- Brown Act/Public Records Act issues
- California Environmental Quality Act (CEQA), DTSC compliance
- Code enforcement and business/building inspections
- Development of policies, procedures and protocols
- Facilities issues
- Litigation in all areas of representation
- Pension Issues
- Real Estate negotiations and building contracts
- Representation as general counsel
- Review of contracts and agreements with other agencies (automatic aid agreements, dispatch services agreements, equipment purchases)
- Review of public records requests
Labor & Employment
We have devised and implemented a process to assist staff in reviewing requests for accommodation from employees and returning injured employees to work. We are familiar with the workers’ compensation law process and have specific expertise in the Americans with Disabilities Act.
Other areas in which we have expertise and training include:
- Drafting of Disciplinary Charges
- Due Process Hearings
- Employee Discipline and Termination
- Employee Evaluation
- Family and Medical Leave Laws (FMLA/CFRA)
- Grievances
- Harassment and Discrimination Investigations
- Labor Negotiations
- Management and Employee Contracts
- Military Leave
- Personnel Policies
- Pre Employment Screening
- Recruitment and Hiring
- Sexual Harassment/Retaliation
- Whistle Blower Statutes
Development, Public Contracting and Public Works
Lozano Smith attorneys have drafted numerous Development Agreements, Real Estate transactions without regulatory elements, Owner Participation Agreements, Disposition and Development Agreements, Affordable Housing Agreements, and special district/civic center transactions. In addition, our attorneys are experienced with matters involving urban renewal, economic development, and Community Development Block Grant Programs.
Lozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting and negotiating sophisticated real property transactions. These transactions have included negotiated purchases, real property exchanges with both private and public entities, acquisition through developer agreements, and eminent domain. We also have represented numerous public agencies in public property sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning entitlements, easements, dedications, title and survey matters and real property due diligence.
Since the firm’s inception, our attorneys have advised public agencies on the myriad of legal issues presented by the procurement of services, equipment and materials. Our attorneys are experienced in prevailing wage and public bidding requirements as they relate to municipalities and special districts. The firm’s statewide presence and internal sharing of information serves our clients and results in cost savings to them.
More than half of the attorneys on our staff manage business transactions each day, giving us the depth of experience to successfully review and advise our clients on these types of transactions. Specific areas in which we regularly provide advice and counsel include:
- Legislative and judicial actions/decisions
- Contracts (general)
- Capital Improvement Projects (construction contracts, including bidding, award and defense)
- Bid challenges
- Easements
- Deeds of trust and Leases
- Ordinances and Resolutions
- Notices and Dispositions
- Property acquisitions
Client Focused
Lozano Smith’s longstanding experience and dedication to public agency law provides police departments with unique, multi-faceted areas of expertise. Our Local Government, Labor & Employment and Litigation Practice Groups, among others, regularly collaborate to serve clients on the most pressing issues, with a focus on cost-preventive measures.
Internal Department Advice and Counsel
Serving as City Attorney for several cities throughout the State, Lozano Smith attorneys counsel and interact with police departments on an everyday basis. This includes issues such as police officer personnel files, Pitchess requests and policy updates. We provide advice and training on the Public Safety Officers Procedural Bill of Rights (POBR) and are familiar with individual departments’ operations manuals. Our attorneys are also familiar with law enforcement technological resources, including, for example, mobile digital terminal and dispatch, and L-tac communications.
Police Employment
Our attorneys have vast experience assisting clients with POBR, and a significant portion of our firm’s resources is dedicated to employment counseling, employment litigation, and administrative proceedings. We have broad experience assisting clients in preventing, investigating and litigating claims of sexual harassment and all forms of employment discrimination, and our advocacy has been sought in a number of sensitive, high profile cases.
Other areas in which we have expertise and training include:
- Drafting of Disciplinary Charges
- Due Process Hearings
- Employee Discipline and Termination
- Employee Evaluation
- Family and Medical Leave Laws (FMLA/CFRA)
- Grievances
- Harassment and Discrimination Investigations
- Labor Negotiations
- Management and Employee Contracts
- Military Leave
- Personnel Policies
- Pre Employment Screening
- Recruitment and Hiring
- Sexual Harassment/Retaliation
- Whistle Blower Statutes
Police Civil Rights
Our attorneys frequently handle claims alleging violation of civil rights arising under both state and federal law, including lawsuits alleging violations of 42 U.S.C. Section 1983 and California’s equivalent, the Bane Act. Lozano Smith’s police civil rights attorneys vigorously defend peace officers in federal and state court against a wide variety of claims, including excessive force, unlawful arrest, civil rights, wrongful death, assault and battery, negligence and seizure actions.
We have handled numerous cases and represented clients against claims seeking punitive damages. Our focus on clients is regularly demonstrated with our understanding of the underlying training, policies and practices related to law enforcement officers. Not only do our attorneys provide law enforcement training, our deep bench of litigators and Local Government Practice Group work in conjunction with numerous departments to update and implement appropriate policies.
Code Enforcement
Our attorneys are well-versed in code enforcement, ultimately assisting in regulating matters related to public safety. Knowledge and expertise in this area includes:
- Administrative fines and penalties
- Civil compromise agreements
- Cost recovery
- Criminal prosecution of municipal code violations
- Graffiti abatement
- Injunctions
- Inspection and abatement warrants
- Neighborhood preservation
- Nuisance abatement
Litigation
The Litigation Practice Group ensures the success and protection of its clients by specializing in:
- Excessive Force
- Personnel Disputes
- Discrimination, Harassment and Retaliation
- ADA and State Disability Laws
- Section 1983 and Civil Rights
- Personal Injury and Tort Defense
- Fair Labor Standards Act
- Administrative hearings involving grievances, unfair practice charges, layoffs and dismissals, and arbitrations
- Traditional and Administrative Writ of Mandate
Client Focused
With eight offices spread across California, Lozano Smith’s Local Government and Special Districts Practice Group provides advice in all areas of law affecting special districts, and provides specialized services in the following areas:
- Adoption of local codes and amendments to the California Fire Code
- Adoption of standards of service and Fire Code interpretations
- Annexation/detachment and modification of service boundaries
- Approval and review of loan documents and lease agreements
- Bargaining and Labor Negotiations
- Brown Act/Public Records Act issues
- California Environmental Quality Act (CEQA), DTSC compliance
- Code enforcement and business/building inspections
- Development of policies, procedures and protocols
- Facilities issues
- Litigation in all areas of representation
- Matters concerning paid and volunteer fire fighters
- Pension Issues
- Personnel services, including implementation of the new Fire Fighters Procedural Bill of Rights
- Real Estate negotiations and building contracts
- Representation as general counsel
- Representation of the Fire Agencies Insurance Risk Authority (FAIRA)
- Review of contracts and agreements with other agencies (automatic aid agreements, dispatch services agreements, equipment purchases)
- Review of public records requests
Labor & Employment
We have devised and implemented a process to assist staff in reviewing requests for accommodation from employees and returning injured employees to work. We are familiar with the workers’ compensation law process and have specific expertise in the Americans with Disabilities Act. Our attorneys have experience assisting clients with the Firefighters Procedural Bill of Rights Act (FOBOR).
Other areas in which we have expertise and training include:
- Drafting of Disciplinary Charges
- Due Process Hearings
- Employee Discipline and Termination
- Employee Evaluation
- Family and Medical Leave Laws (FMLA/CFRA)
- Grievances
- Harassment and Discrimination Investigations
- Labor Negotiations
- Management and Employee Contracts
- Military Leave
- Personnel Policies
- Pre Employment Screening
- Recruitment and Hiring
- Sexual Harassment/Retaliation
- Whistle Blower Statutes
Development, Public Contracting and Public Works
Lozano Smith attorneys have drafted numerous Development Agreements, Real Estate transactions without regulatory elements, Owner Participation Agreements, Disposition and Development Agreements, Affordable Housing Agreements, and special district/civic center transactions. In addition, our attorneys are experienced with matters involving urban renewal, economic development, and Community Development Block Grant Programs.
Lozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting and negotiating sophisticated real property transactions. These transactions have included negotiated purchases, real property exchanges with both private and public entities, acquisition through developer agreements, and eminent domain. We also have represented numerous public agencies in public property sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning entitlements, easements, dedications, title and survey matters and real property due diligence.
Since the firm’s inception, our attorneys have advised public agencies on the myriad of legal issues presented by the procurement of services, equipment and materials. Our attorneys are experienced in prevailing wage and public bidding requirements as they relate to municipalities and special districts. The firm’s statewide presence and internal sharing of information serves our clients and results in cost savings to them.
More than half of the attorneys on our staff manage business transactions each day, giving us the depth of experience to successfully review and advise our clients on these types of transactions. Specific areas in which we regularly provide advice and counsel include:
- Legislative and judicial actions/decisions
- Contracts (general)
- Capital Improvement Projects (construction contracts, including bidding, award and defense)
- Bid challenges
- Easements
- Deeds of trust and Leases
- Ordinances and Resolutions
- Notices and Dispositions
- Property acquisitions
Congress Expands Federal Protections for Pregnant Workers
August 2023Number 33The United States Congress recently passed the Pregnant Workers Fairness Act (PWFA), a new federal law that requires covered employers to provide “reasonable accommodations” for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer “undue hardship.” The PWFA, which applies to public and private employers with fifteen or more employees, became effecti...
California Supreme Court Holds Public Health Service Plans Not Immune from Reimbursement Actions
August 2023Number 30In a recent opinion, the California Supreme Court held that medical providers are entitled to receive reimbursement for emergency medical services at rates based on the reasonable and customary value for such services, even where a contract does not exist between the provider and the operator of a public health care service plan.The public entity in this case argued that immunities against “tort damages” afforded to the entity under California law protected it ...
Legislature Launches Pilot Program Allowing CMAS Contracts for Installation of Certain Materials SB 1422
July 2023Number 26Senate Bill (SB) 1422, signed by the Governor in September 2022, permits State and local agencies, including school districts and community college districts, to use State-approved California Multiple Award Schedule (CMAS) contracts for the installation, or purchase and installation, of resilient flooring, carpet, lighting fixtures, and synthetic turfs, which have limitations that are different from standard CMAS contracts.BackgroundExisting law allows local agencies to use ...
California Supreme Court Clarifies What Constitutes a "Protected Disclosure" for Whistleblower Claims Under Labor Code Section 1102.5
June 2023Number 23On May 22, 2023, the California Supreme Court issued an opinion further delineating the analysis for retaliation claims under Labor Code section 1102.5. In People ex rel. Garcia Brower v. Kolla’s, Inc. (2023) 529 P.3d 49) (Kolla’s), the California Supreme Court held that “a protected disclosure under [Labor Code] section 1102.5(b) encompasses reports or complaints of a violation made to an employer or agency even if the recipient already knows of the ...
PERB to Employers: "Bargaining Costs Are Now on the Table as a Remedy"
June 2023Number 24On April 26, 2023, the California Public Employment Relations Board (PERB) issued a decision awarding a remedy against an employer that had, up to that point, been largely theoretical: recovery for increased costs incurred from bargaining and other acts of representation related to an employer’s alleged unlawful conduct (bargaining costs). (City and County of San Francisco (2023) PERB Decision No. 2858-M.) Although in recent years, PERB has acknowledged the...
California Equal Pay Act: New Rules on Pay Transparency, Record-Keeping, and Pay Data Reporting
April 2023Number 17On September 27, 2022, Governor Newsom signed Senate Bill (SB) 1162 into law. SB 1162, effective January 1, 2023, imposes new record-keeping, disclosure, and data reporting requirements for job pay scales and pay data.Pay TransparencyPreviously, California law required employers with 15 or more employees to provide the pay scale for a position to an applicant upon request. Employers were also prohibited from asking applicants about their salary history during th...
The End of the COVID-19 State of Emergency Impacts Remote Board Meetings under AB 361
February 2023Number 8Effective March 1, 2023, local agencies will no longer have the option to rely on the COVID-19 proclaimed state of emergency to conduct fully remote legislative body meetings pursuant to Assembly Bill (AB) 361.BackgroundOn March 4, 2020, Governor Newsom declared a state of emergency in California due to the COVID-19 pandemic. He also signed various executive orders temporarily allowing legislative bodies of local agencies to conduct meetings virtually, relaxing the tradit...
Representative Cases
| Chisom et al. v. Bd. of Retirement et al. Court of Appeal, Fifth District. Case No. F064259 A recent published decision upholding a decade-old settlement agreement and rejecting a group of retired Fresno County employees' attempt to use parole evidence to advance an interpretation of the settlement agreement that would have allowed the former employees to pursue their claims for an "enhanced" non-service-connected disability retirement benefit. |
| Shiell, et al. v. County of Los Angeles, et al., Los Angeles County Superior Court Case No. BC208582, Equal protection action claiming staff members of a non-profit, public benefit corporation were entitled to the same rights, salaries and benefits of County employees because they performed the same work. A dispositive motion was decided in the County's favor. |
| Hall, et al. v. County of Los Angeles, Los Angeles County Superior Court Case No. BC208583, Approximately 200 female attorneys of a non-profit, public benefit corporation brought a sex discrimination suit claiming they were not receiving the same salaries and benefits as male employees of the County, despite doing the same work. The County’s dispositive motion was ultimately granted on the grounds that plaintiffs were using improper male comparators and had not shown any indicia of discrimination. |
| In Govan v. City of Clovis, Lozano Smith successfully obtained dismissal of several constitutional and other statutory claims asserted by a Plaintiff business operator against the City of Clovis and individual City police officers, where the Plaintiff challenged the City of Clovis’ sign ordinance and its enforcement. The District Court, entered judgment in the City’s favor following dismissal of all of the Plaintiff’s claims, which included several theories on the alleged violation of his First Amendment free speech rights, violation of his constitutional due process rights violation of his equal protection rights, and other state law claims. | Leonard Avila v. City of Los Angeles, et al. 9th Circuit Court of Appeal, Case No. 12-55931 where Lozano Smith successfully defended the City of Los Angeles and Los Angeles Police Department in an employment case. Following testimony, Lozano Smith asked the judge to dismiss certain claims because the officer had not introduced sufficient evidence. The judge agreed in part, and the jury was only asked to consider the officer's claims concerning retaliation under the FLSA and due process violations. The jury's verdict was a good one for the City and the LAPD, because they prevailed on the due process claim. |
| Lozano Smith represented the City of Los Angeles in one of the largest class action disability lawsuits in the country. In Willits, et al. v. City of Los Angeles, the plaintiff filed an Americans with Disabilities Act (ADA) complaint to install curb cuts and sidewalk repairs throughout the City, to enforce the ADA. This case involved extensive E-Discovery of the City and its various departments’ internal data management system. The recently negotiated settlement will allow the City to completely revitalize its public right-of-ways to assure that all of the residents and visitors are able to fully participate in all of the available programs and services offered by the City. |
