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January 19, 2017

UPDATE: Geographic Restrictions Apply to Nonclassroom-Based Charters

On January 18, 2017, the California Supreme Court denied a petition for review in the Anderson Union High School District v. Shasta Secondary Home School matter (Supreme Court Case: S238632; Court of Appeal Case: C078491). The Court also denied a request for depublication. Therefore, the Court of Appeal’s decision governs the case and further appeal in a California state court is precluded.

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January 11, 2017

Appellate Court Rules That Employer Has Duty To Meet And Consult About Binding Interest Arbitration

The California Court of Appeal has held that unions have a right to meet and confer about binding interest arbitration. Specifically, it affirmed the ruling of the Public Employment Relations Board ("PERB" or "Board") that the City of Palo Alto ("City") was required to consult in good faith over a ballot measure repealing binding interest arbitration. (City of Palo Alto v. Public Employment Relations Board (2016) 5 Cal.App.5th 1271.)

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January 6, 2017

California Supreme Court Holds Legal Invoices Are Privileged

In a much anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions for closed cases, need not be disclosed under the Public Records Act. (Los Angeles County Board of Supervisors v. Superior Court (Dec. 29, 2016) 2016 WL 7473802.) Both the primary ruling that the invoices are privileged, and the exceptions noted by the Court, are significant to public agencies in California.

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January 5, 2017

California Supreme Court Holds Legal Invoices Are Privileged

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be  disclosed under the Public Records Act. (Los Angeles County Board of Supervisors v. Superior Court (Dec. 29, 2016) 2016 WL 7473802.) Both the primary ruling that the invoices are privileged, and the exceptions noted by the Court, are significant to public agencies in California.

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January 5, 2017

Public Employees Do Not Have a Vested Right to Purchase “Airtime”

On December 30, 2016, a California appellate court ruled that the California Legislature’s elimination of a public employee’s ability to purchase "airtime" did not violate the California Contract Clause. Cal Fire Local 2881, et al. v. California Public Employees’ Retirement System, et al, 2016 WL 7488338. The appellate court determined that the elimination of public employees’ option to buy up to five years of retirement service credit did not violate any pension right because the option was not a vested benefit and, even if it was, the Legislature lawfully eliminated the benefit.

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January 5, 2017

California Supreme Court Holds Legal Invoices Are Privileged

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act. (Los Angeles County Board of Supervisors v. Superior Court (Dec. 29, 2016) 2016 WL 7473802.) Both the primary ruling that the invoices are privileged, and the exceptions noted by the Court, are significant to public agencies in California.

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December 29, 2016

California Supreme Court Prohibits On-Duty and On-Call Rest Breaks for Employees

On December 22, 2016, the California Supreme Court reinstated a trial court’s award of $90 million against a security company, ABM Security Services, Inc. ("ABM"), for violating California’s rest break laws. (Augustus v. ABM Security Services, Inc. (2016) 2016 WL 7407328.) The Court departed from prior case law and adopted a blanket rule prohibiting all on-duty and on-call rest breaks, regardless of the level of control exercised by the employer during rest breaks. The Court further held that ABM’s policy of requiring security guards to keep their pagers, radios and phones on and to respond to calls when needed, deprived ABM’s security guards of duty-free rest breaks in violation of California law.

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December 16, 2016

SB 415 Prohibits Off-Cycle Local Elections in Jurisdictions that Experience a Significant Decrease in Voter Turnout

Senate Bill 415, also known as the California Voter Participation Rights Act (CVPRA), added sections 14050 – 14057 to the Elections Code as of January 1, 2016.

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