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Public Agency Employer Responses to COVID-19: Labor and Employment Implications

With growing concerns over the spread of the novel coronavirus, COVID-19, public agency employers are taking proactive steps to limit exposure and further transmission.

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California Supreme Court Sides Against School Districts in State Mandates Case

In California School Boards Association v. State of California ( CSBA), the California Supreme Court has allowed the Legislature to avoid appropriating new funding to cover the costs of state mandated programs.

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Creditable Compensation for Paid Administrative Leave Under Review by CalSTRS

On January 23, 2020, the California State Teachers' Retirement System ("CalSTRS") issued an Employer Information Circular taking a restrictive position regarding what leaves count for the purpose of calculating creditable compensation under the Teachers' Retirement Law.

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State Allocation Board Adopts Developer Fee Increases For 2020

The State Allocation Board (SAB) has increased the amount of "Level 1" developer fees that school districts are authorized to collect to $4.08 per square foot of residential development and $0.66 per square foot of commercial development.

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AB 1600 Modifies Pitchess Motion Filing Deadlines and Expands Potential Access to Peace Officer Personnel Records

Assembly Bill (AB) 1600, which took effect on January 1, 2020, shortens the filing timelines for Pitchess motions in criminal matters and renders the personnel records of supervisorial officers potentially discoverable.

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Court of Appeal Confirms Limits on Severance Payouts to Public Employees

In Koenig v. Warner Unified School District (2019) 41 Cal.App.5th 43, the California Court of Appeal added to the legal landscape under Government Code sections 53260 and 53261, which limits severance payouts to public employees, while also addressing the important concepts of severance of illegal contract provisions in the context of an employment termination agreement.

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Government Code 1090 Challenges by Third Parties Clarified and Limited by California Supreme Court

The California Supreme Court has ruled that third parties (private citizens, taxpayers, watchdog groups, etc.) do not have legal standing to sue public agencies to invalidate contracts allegedly made in violation of Government Code section 1090.

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Court Rules that Second Contract with the Same Vendor Did Not Create a Conflict of Interest

A recent California Appellate Court ruling has determined that a public entity's award of a second contract to a construction firm did not create a conflict of interest even though it related to an earlier contract between the parties.

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California Passes New Law To Increase Protection And Safety Of Special Education Students In Nonpublic Schools

Governor Gavin Newsom signed Assembly Bill (AB) 1172 this fall, which imposes additional requirements upon nonpublic schools (NPSs), as well as the local educational agencies (LEAs) that place students in NPSs, in order to increase the safety and protection of students in NPS placements.

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