Local Government

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Local Government Structure: I. All states have counties or something akin to a county. II. Counties implement state law at the local level. The counties run the state courts. Counties also provide welfare services. Many counties provide: Counties
local government structure: I. Exist within counties. II. Cities provide roads, local law enforcement, Supplemental social services, regulatory functions (regulate the business within the community), land use decisions.: cities (municipalities)
local government structure: I. Boards of education. II. Tend to focus on one single issue and often time special districts will over lap boundaries of jurisdiction. Power is limited to those particular things that they are allowed to do.: special districts
local government structure: - Elected at Large (can be): Residents in entire county vote for all the supervisors. In a district structure, you divide the county into districts and you get to vote for the person who represents your district and: how do district cities, counties get governed:

Elected Board of Supervisors
local government structure: basic structure or form is dictated by state law. i. Most cities are general law cities in California. ii. 5-member counsel. At large elections, top vote getters get elected. iii. Most cities in Cal: cities and how people get elected:

general law cities
local government structure: City has its own charter, which tells how the city is suppose to be structured. May give city counsel different powers then state law. Charter is the cities constitution and it dictates what can be done from a gover: cities and how people get elected:

charter city
local government structure: I. Hunter v. City of Pittsburgh Pg. 41 a. The court says that even to the extent that you have a contract, those rights are granted by the state and the state can take them away. Cities exist at the power of th: local government structure case law
local government structure: I. Gomillion v. Lightfoot Pg. 49 1. Notion that cities and counties are creatures of the state. States establish how they form, how boundaries may get adjusted. They have pretty much unlimited power over cities: local government structure case law
local government incorporation and annexation: have an existing city that wants to add land outside the city boundary or when residents outside want to become part of city.: Annexation and Incorporation:

annexation
local governmnet incorporation and annexation: taking one of these unincorporated islands within a county and we incorporate as a city. This is two cities that are next to each other but there is an unincorporated portion in the middle of the: annexation and incorporation:

incorporation
local government incorporation and annexation: a. Taxation: can be a benefit to the city and could be a downside for the taxpayers. b. Services: annexation adds an additional burden on the city because there is a greater area that they h: annexation and incorporation:

reasons for annexation
local government incorporation and annexation: a. One of the benefits of Annexation: zoning will allow for development that will generate income.: benefits of annexation
local government incorporation and annexation: a. When there is incorporation there is always local control. b. LAFCO: has to review all incorporation and annexation to determine whether they are compliant with state law. Would it be mor: annexation and incorporation:

what happens when we have an incorporation
local government incorporation and annexation: a. The courts will leave it to the state legislature to decide on annexation. Justiciability asks whether the courts have the authority to decide a claim. Courts will sometimes look at annexation: annexation and incorporation:

judicial review of annexation
local givernment incorporation and annexation: a. Superior Oil v. City of Port Arthur Pg. 58 i. State have unlimited powers to set forth the rules of annexation. Property owners cannot complain that they do not like the results, and their: annexation and incorporation:

Cases regarding annexation
local government incorporation and annexation: b. Town of Beloit v. City of Beloit Pg. 63 i. The court said that this is an unauthorized delegation of power. ii. In this case even when the legislation has given them the power, the c: annexation and incorporation case law
local government incorporation and annexation: Are ways that existing municipal organizations expand their boundaries by taking in additional area. a. One reason why they are done is for development issues. School District annexations ar: annexation definition
local government incorporation and annexation: i. To have the people in the area petition for annexation. ii. The city to initiate the annexation: annexation:

two procedures for annexation
local government incorporation and annexation: 1. Typically there is some kind of vote requirement for people in the area to be annexed. 2. There are times when the property owners in the outside area will enter into an agreement with the: annexation: two procedures for annexation:

to have the people in the area peition for annexation.
local government incorporation and annexation: 1. A substantial part of the boundary has to be adjacent to the property that we are annexing.: annexation: two procedures for annexation:

the city to initiate the annexation
local government annexation and incorporation: i. Area that annexâ€™s the white area and diminishes the African American voters ii. African Americans want to be annexed in and the local government refuses it.: annexation:

racial discrimination and annexation: Racial discrimination can arise in two different ways
annexation: Principle method is to use the federal voting rights act. Requires that certain areas that are deemed covered jurisdictions they have to submit anything to the US attorney general for clearing. Anything that impact voting hav: racial discrimination and annexation.

challenges
annexation: instead of something be an unincorporated area, there are two cities combining into one city.: racial discrimination and annexation:

consolidation
annexation: i. Whether the annexation is going to diminish the minority voting strength or whether the new jurisdiction has percentages that fairly reflect the percentage of people in that area.: racial discrimination and annexation:

what standard does the justice department look at.
annexation: e. City of Pleasant Grove v. United States Pg. 87 i. Court is relying on the voting rights act and whether or not this is an activity that requires free clearance. ii. If you can show that the area you are annexing is go: racial discrimination and annexation:

racial discrimination and annexation case law
annexation: a. First type of special district comprises local government entities with the power to tax and levy special assessments. Second type of special purpose government is known as public authorities, comprises government corporations w: special districts
annexation: Water service is a more regional service rather then something that you will handle for a particular city.: special districts: water districts
annexation: One of the biggest types of special districts are school boards. They have revenue-raising authority, school district can do a partial task. They focus on education alone, school districts have there own governing body.: special districts

school boards
annexation: i. Typically is formed in a geographical area and the way they raise revenue is by assessments of the business within that geographical area and demonstrate how to enhance or promote the businessâ€™s in that area.: special districts

business improvement districts
annexation: To whom are these people accountable. They are essentially generating revenue that would otherwise be municipal revenue and there is no accountability as to how these expenditures are made.: special districts:

accountability
local government power and state preemption: there is a time where state doctrine is preempted because it is in conflict of federal law.: the powers of local government:

pre-emption
local government powers and state preemption: II. Since cities are the product of state law, state law will also be the source of city power. Just like states create cities and the procedures of city unites, the same thing is true to respect t: the powers of local government
local government power and state preemption: Generally says that cities, local government have control over there jurisdiction and they have the power to do anything unless there is a specific state prohibition on local action. A home rule app: the powers of local government:

Home rule approach
local government power and state preemption: California is in part a home rule jurisdiction: They grant home rule to charter cities, but not to general law cities. Distinction: One of the biggest distinctions between home rule, is that the cit: the powers of local government:

home rule approach
local government power and state preemption: that local government power is to be strictly construed and strictly limited. The municipality has to have a grant of authority, cities cannot due anything, and it has to have a grant of authority.: the powers of local government:

dillons rule
local government power and state preemption: i. Home rule is a repeal of Dillon rule. Home rule says that cities have no power unless they have a strict grant of authority. Dillon says that cities have the power to do whatever they want, unles: the powers of local government:

Dillon rule - How home rule relates to dillons rule
local government power and state preemption: c. Early Estates Inc. v. Housing Board of Review Pg. 112 i. Court says that the lighting standard is acceptable. State legislature says that the purpose of this law is to protect minimum standa: powers of local government:

dillons rule case law
local government power and state preemption: Says that cities have power over municipal affairs, they have general power over municipal affairs and do not need a specific grant of authority. Cities in home rule jurisdiction are granted power o: powers of local government: dillons rule.

home rule
local government power and state preemption: Most cities in California are general law cities. Power to tax governed by state law. State governs their regulations.: powers of local government

dillons rule - general law cities
local government power and state preemption: only 20% of the cities in California have this. Set up there own elections. Can set up there own water supply and regulate that. They can regulate their own stuff. Can set up their own zoning proced: powers of local government

dillons rule - charer cities
local government power nad state preemption: a. Power derives from states.: powers of local government:

authority of municipality
local government power and state preemption: 2. State v. Hutchinson Pg. 119 a. Defense is that the state did not give the county the power to enact this type of legislation. b. Cities however need to find a power that has been deleg: powers of local government: authority of municipality:

Grant of Authority from the state
local government power and state preemption: 3. This ordinance is valid. The state gives local government specific grants of authority and it also makes general grant of authority through this kind of general welfare clause. Here there was no: powers of local government: authority of municipality:

grant of authority from the state
local government power and state preemption: 1. Definition: Generally provides that certain things are within the power of the locality and the state cannot pre-empt. State create local government and give local government its powers. If there: powers of local government: authority of municipality:

Home Rule
local government power and state preemption: a. Constitutional Home rule b. Legislative Home Rule: powers of local government authority of municipality:

Home Rule: Two Types of home rule jurisdictions
local government power and state preemption: a. Home rule jurisdictions do not need a grant of authority, the grant of home rule gives them general police power over their jurisdiction. On home rule need a general grant of authority.: local government power: authority of municipality:

home rule: big difference between home rule and non home rule
local government power and state preemption: a. Jurisdiction is a state and it has all the powers of a state and within that particular jurisdiction, the city or county is supreme.: local government power: authority of municipality:

imperio home rule
local government power and state preemption: a. Can act like a state because we the state has given you that power.: local government power: authority of municipality:

home rule - legislative home rule
local government powers and state preemption: 6. City and County of Denver v. State Pg. 131 a. Denver wanted a residency requirement for city employees. b. Three issues to look at for the validity of local enactment: i. Matter: local government power: authority of municipality:

home rule case law
local government power and state preemption: a. Local Elections and Qualifications for Office. b. In some jurisdictions taxation. c. Where there are shared concerns we are going to see much more conflict between the state and city: local government power: authority of municipality:

home rule - exclusive power over
local government power and state preemption: We saw a little bit the tension between state and local government when we looked at Dillonâ€™s Rule (municipal power needs to be strictly construed). So unless there is some express grant of author: local government power: home rule.

dillon's rule
local government power and state preemption: b. Miami Beach v. Fleetwood Hotel Pg. 140 i. The court says: you do not have the power to do this because the authority that you have been given is authority over municipal affairs and this is: local government power: home rule case law
local government power and state preemption: i. Whether the city has the power. Even if the city has power that has to be exercised within certain limits. ii. Has the power been properly exercised? The city has to act within the scope of: local government power: home rule

Test For Home Rule
local government power and state preemption: expressly say that the local government has no power in the area.: local government power:

Different Ways a state can preempt: Express preemption
local government and state preemption: the local law is inconsistent with the state law.: local government power:

different ways a state can preempt: Implied preemption
local government power and state preemption: the state has enacted a comprehensive list of dealing with preemption. But the state government occupies the field then the local government cannot be in. Our regulation is so comprehensive that by: local government powr: different ways a state can preempt:

occupied the field
local government power and state preemption: III. Cape Motor Lodge v. City of Cape Girardeau Pg. 150 a. The test for determining whether there was a conflict between the state power and the city enactment, is whether the ordinance permits: different ways a state can preempt case law
local government power and state preemption; a. State regulation and local ordinance is in conflict b. State regulation and expressly preempts any local enactment in the area. c. Sometime the state has preoccupied the field. By impl: preemption:

There is a number of ways that preemption can occur
local government power and state preemption: II. Miller v. Fabius Township Board Pg. 159 a. Different ways that the state can invalidate local law: i. Express or Direct conflict ii. State law said that we are the only ones that: preemption case law
local government power and state preemption: III. Board of Supervisors of Crooks Township v. Valadco Pg. 166 a. The court asks four questions: i. Subject Matter Being Regulated 1. Have to show that the state and locality are reg: preemption case law
local government power and state preemption: a. The state will preempt even when it has not expressly stated that it will be occupying the field although comprehensive regulations i. Is this regulation so broad that is effectively foreclo: preemption:

Issues that arise in State Level
alternaitve models of local government: a. Matter of County of Monroe Pg. 180 i. TEST: Distinction is made between those that are governmental and those that are proprietary. 1. Governmental: City Council. 2. Proprietary: Wher: intergovernmental conflicts and corporation

Conflicts between local government
alternative models of local government: a. Government cannot condemn the property of another governmental agencies property through eminent domain. There cannot be a taking of property. Zone a property that denies it of all economical use.: intergovernmental conflicts and corporation:

condemnation of property
alternative models of local government: i. This can occur through Contract. 1. the biggest reason for having a contract because it is cost effective and efficient. ii. Where there is some kind of joint provision of services.: intergovernmental conflicts and cooperation:

Intergovernmental Cooperation: models
alternative models of local government: b. Goreham v. Des Moines Pg. 192 i. Creation of the body itself is not an improper delegation of powers as long as they are properly guidelined. WE give the cities the authority to take various acti: intergovernmental conflicts and cooperation:

Intergovernmental cooperation case law
Alternative models of local government: I. This occurs to provide services in an efficient manner II. One way to deal with this is transferring functions. A state legislature transfers a function from one entity to another entity. This is: intergovernmental cooperation
alternative models of local government: A. Two entities can contract where they perform the same entity whereas transferring transfers all the authority to another entity authorized by legislative transfer.: intergovernmental cooperation: Transferring v. contracting
alternative models of local government: multiple cities consolidate and have a regional government like school districts. The trend is mayors taking over school districts.: intergovernmenal cooperation:

consolidation
alternative models of local government: 1. Cities consolidate because of efficiency, pooling resources, economy of scale, expansion of services, uniformity of services, reduce overhead, increase expertise, regional cooperation. Cities donâ€™t: intergovernmental cooperation:

consolidation issues
alternative models of local government: 1. Complete consolidation â€“ all the services that were provided by cities are abolished and replaced by one regional government 2. Have the region govern certain things, but key local things like: intergovernmental cooperation:

consolidation - different approaches
alternative models of local government: 1. Undesirable social consequences: fragmentation: intergovernmental cooperation:

consolidation - ciriticism
alternative models of local government: COG are like United Nations of a county or region where each of the cities get to vote for representatives. There is the West Side COG. The regional body is designed to promote cooperate activity and has: intergovernmental cooperation

Councils of government
alternative models of local government: 1. Issues to privatize a. Cost 1) Salary and benefits 2) Supplies and volume 3) Reduction of bureaucracy b. Liability c. Specialization d. Adhering to government standa: intergovernmental cooperation

Contracting - Privatization
alternative models of local government: 2. Tulsa Sheriff v. Tulsa County: The Court said that the legislature has the rule making authority and could not assign to someone else to enact laws, but it could assign implementation procedures to an: intergovernmental cooperation

contracting case law
alternative models of local government: Are created and part of the public school system but not subject to the same restrictions as public schools.: charter schools
alternative models of local government: a. Takes dollars away from the remaining students in public schools. b. Transportation to Charter School limits opportunity. Not everyone can go to a charter school because they are not in every ne: charter schools

arguments against charter schools
alternative models of local government: IV. Grant of Charter School Application of Englewood on the palisades Charter School Case Pg. 230 a. The court says that there is no requirement in the act that each application be accompanied with: charter schools case law
Financing local government: a. Special Assessment b. Borrowing c. Advolorum Taxation: Taxed based on the value of the property. Most common model of the property tax. Primarily dealing with this in local taxation. d. Sales Tax:: where local government funds come from?
financing local government: a. If your taxing structure is too high it is going to discourage citizens. b. All of the taxes are heavily fluctuated taxes. c. Property tax in the most part is not fluctuating, they typically increase.: problems of some of the taxes that are used for local government funds
financing local government: a. A lot of cities rely on taxes that are not progressive (they have a disproportional impact on those that are poor). b. On sales tax is always going to be the same no matter what your income is. It actually: who does sales tax effect
financing local government: a. Restrict the amount of revenue that the local government generate. b. Place a cap on spending.: restictions on what cities can do
financing local government: (only permitted if there is a redevelopment area) a. Definition: Assume that we have a property that is worth 1million and our tax rate is 1%. This is the tax that this generates each year and property tax gets: financing local government: tax increment
financing local government: d. If we incur debt based on this tax increment is this subject to limitations on expenditures? i. If we have 80k a year in increment we can issue bonds against that and borrow based on the revenue stream into: financing local government:

tax increment
financing local government: prohibits states and local government from burdening interstate commerce.: financing local government:

commerce clause
financing local government: a. City of Pittsburgh v. Alco Pg. 246 i. Court Says: Courts are very deferential to local governments in regards to tax. Here the court says that even if the tax makes the business itself unprofitable that is n: taxation:

parking taxes case law
financing local government: b. If we have a tax that prevents some fundamental right then that would be a problem. Some state courts under the state provisions, will invalidate taxes that are overly burdensome. Under the US Supreme Court, the: taxation:

parking taxes
financing local government: c. Prop 13 limits the amount of increase in taxation, limits the amount that your property could still be assessed if you still own it. Therefore, the value of your property can only go up 2% a year. Then the tax wo: taxation:

parking taxes
financing local government: d. Nordlinger v. Hahn Pg. 254 i. Her basic challenge is that this is violating equal protection. Is there some governmental action that is producing a classification. ii. Supreme court here upholds prop 1: taxation

parking taxes case law
financing local government: a. Wilson v. Connecticut Pg. 263 i. Court Says: the court rejects the argument and they explain that there really is a benefit to the picnic.: taxation:

revenue can only be used and raised for public purposes
financing local government: many jurisdictions have provisions that government funds can only be spent for public purpose.: sources of revenue: limitation placed on local government revenue
financing local government: ii. Another provision talks about the lending of credit, that government cannot lend credit to a private enterprise.: sources of revenue: limitation placed on local government revenue
financing local government: iii. Idaho Water Resources v. Kramer Pg. 269 1. Court Says: developing water resources, conserving water, but beyond this the legislation authorizes this as a joint venture and recognizes the public potential f: sources of revenue:

limitation placed on local government revenue case law
financing local government: iv. Redevelopment agencies are allowed to use eminent domain: sources of revenue: limitation placed on local government revenue
financing local government: Where the government is going to sell you bonds and they will pay on the interest rates. Bon brokers will get repaid from a particular revenue source as opposed to general obligation bonds. General Obligation Bonds: sources of revenue: limitation placed on local government revenue:

revenue bonds
financing local government: i. Provision under the constitution that gives congress power over state government. The negative implication is that states which have the power to regulate commerce cannot do stuff that interferes with interstate: sources of revenue:

commerce clause limitation on government generated revenue
financing local government: i. A significant but declining source of revenue for local revenue. It use to be the tax that was the basis for state and local government. One of the reasons why the property tax has declined: Huge increases in the: sources of revenue:

property tax
financing local government: ii. Property is going to be taxed at different rates depending on the type of property that it is. Usually you will have property that is classified as residential. That might be broken down into Single Family Home,: sources of revenue:

property tax
financing local government: i. Most common practice is to assess property at fair market value ii. Some base on less then fair market value. Current use of property.: sources of revenue:

special assessment and special benefit taxation - different approaches based on assessment
financing local government: i. Taxes will jump. 1. Phase In - Some allow a gradual increase over a certain period. 3 year or so. a. Courts have consistently said that it is acceptable to phase in a big increase in taxation. This is: special assessment and special benefit taxation:

What happens when there is a re-assessment
financing local government: are created and the property owners that are assessed get some special benefit. The whole notion is that you are being assessed for some benefit that you receiving.: special assessment and special benefit taxatoin:

special assessment
financing local government: there is no need to show a particular nexus between the amount that you are paying and the amount of services that you are receiving.: special assessment and special benefit taxation:

taxes
financing local government: 1. Can be a one-time thing or can be on going. 2. Something that we can fund with a one time special assessment? Road improvement or street improvement. One time improvement that we are going to tax and divide: special assessment
financing local government: iii. Sarasota County v. Sarasota Church of Christ Pg. 306 1. The court says that any developed property is going to have an impact. Assessment districts are designed to fund a particular improvement and we do s: special assessment case law
financing local government: 1. Fees: user charges. Ex: Community Pool. Assessment districts are typically different from fees in that assessment districts are usually utilized to construct the pool, user fees are utilized to use the pool.: fees v. assessments
financing local government: v. McNally v. Township of Teaneck Pg. 313 1. The court says that assessment does not have to measure the exact benefit of any particular property, we have to have a system that overall links the benefit to the: fees v. assessments case law
financing local government: 1. Show that no actual benefit is provided. That we are assessing people and not providing anything in response or donâ€™t intend to provide anything in response.: how to strike down assessments
financing local government: We have an assessment section but some people cannot afford to pay 1. Exemptions are not usually acceptable. 2. People can use equity from there home, but most do not like to do this.: can we create an exemption for assessments
financing local government: viii. Assessment districts have to be created through a public hearing process, there has to be notice to all the people that are being assessed (individual mailed notice), they have to be given an opportunity to be: assessments
financing local government: a. Something that is not authorized in California. It is something that is must more common on the east coast and the Midwest. A local income tax tends to be more of a big city tax.: local income tax
financing local government: i. Wage or Payroll Tax ii. Piggyback tax: tax benefit is that you donâ€™t need separate forms or people filing with the city, it is done through the federal government. iii. Locally designed broad: three different heights of local income tax
financing local government: a. A general tax is something that is imposed by the government to raise revenue intended for the local flov. b. Both and assessments are fee c. California your fees or charges have to be equivalent in s: user fees and charge for taxes
financing local government: d. Platt v. Town of Torrey Pg. 326 i. What is the first requirement that ht court says has to be imposed? 1. Requirement of reasonableness: a. If the city is going to provide services to non-resident: user fees and charge for taxes case law
financing case law: a. The limitation of governments to raise revenue have brought change. Cities want to make sure that the development pays for the fees. In addition we might be imposing on to the developer obligations to mitigate certain im: linkage fees
financing local government: They have to have a reasonable nexus to the burden created by the development. If it doesnâ€™t have a reasonable nexus it is going to be viewed as a taking. (2) The fee has to be proportional.: linkage fees - developer exactions
financing local government: The principal action is that it is backed by the full faith and credit of the locality. They are guaranteeing that they will pay the bond by taxing powers. This is the moot common form of lending. These are based on: municipal and local government finance:

General Obligation Bonds
financing local government: i. Flushing national Bank v. Municipal Assistance Corp Pg. 367: Facts: The state tried to help the city from going bankrupt. The state did not allow the enforcement of bonds for three years. The bondholders were cha: municipal and local government finance:

General obligation bonds case law
financing local government: Different from general bonds. Not based on full faith and credit and the cityâ€™s guarantee that they are going to tax the citizens. They are based on a specific source of revenue, like a lease from a city county pr: municipal and local government finance:

revenue bonds
financing local government: Not utilized much in California, but there are places where they utilizes these. It is a revenue bond where the city promises in the event that revenue is insufficient to pay off the bond or pay the interest on the: municipal and local government finance:

moral obligation bonds (hybrid)
financing local government i. State Ex Rel. Warren v. Nusbaum Pg. 373: Facts: state had a housing authority and the state housing authority was authorized to issue bonds. It had a moral obligation provision, a promise by the state to pay. The: municipal and local government finance:

bonds case law
financing local government: a. Complete Hands Off Approach (non existent these days) b. Complete Control by the State c. Limited Control Over Cities (majority approach): municipal and local government finance:

state control of city budgets
finacing local government: where payments are not considered debt and we are going to make annual lease payments.: municipal and local government finance: state control of city budgets: limited control over cities: techniques to avoid debt:

Sale - Lease Back Approach
financing local government: a. Bulman v. McCrane Pg. 391: Court Finds: that this lease is not debt and that it is acceptable. The court starts with the presumption that it is described as a lease and is called a lease then the challengers have: municipal and local government finance:
state control of city budgets: limited control over cities: technique to avoid debt:

Sale - lease back approach case law
financing local government: A limitation of debt applies to general funds. Cities in CA get some revenue from the gas tax, but this revenue is restricted where it can only be used for street repairs, etc. The city has to keep this in a special: municipal and local government finance: state control of city budgets: limited control over cities: technique to avoid debt:

special funds
financing local government: Sometimes if we come up against a problem then maybe it is time to create a special district with another municipal entity or create a special district within our particular jurisdiction and if this is properly form: municipal and local government finance: state control of city budgets: limited control over cities: technique to avoid debt:

special district
financing local government: local property tax funded school education. This led to some districts being wealthy and others being not wealthy. Later on, the way school received finance was state aid. Three ways it was funded: 1. One way: munipal and local government finance:

School Financing History
Financing local government: (1) Where is it going to come from, (2) who accounts for the expenditure and (3) what roles does the court play. The focus on school education, after Brown, (4) was equality.: municipal and local government finance:

school financing issues raised
financing local government: 1. McInnis v. Shapiro: Facts: Students sued the state for violating either equal protection rights. The state argued that there was no jurisdiction and there was no cause of action. Court Says: that it did have juri: municipal and local government finance:

school financing case law
financing local government: 2. Serrano v. Priest: Facts: Every school district was going to receive a certain amount, and there was a categorical aid available for particular purposes. The results were that Baldwin was dispensing less per stud: municipal and local government finance:

school financing case law
public employees: Country founded on this system. Today this is gone. I. Benefits: Insures loyalty to the individuals that are in power. Creates opportunities to disenfranchised groups, but only to the extent that they have political pow: patronage system
public employees: We need to hire based on their merit and we should promote them based on merit and terminate them based on merit, and we are not allowed to use political consideration when we are hiring and firing employees. II. Benefi: civil service system
public employees: have to consider what are the state requirements, but also the US constitutional requirements and the local level requirements. Most municipal employees are going to be represented by a union and so there is going to be a col: civil service system:

regulations at the local level
public employees: a. Cannot impose government employees to participate political activity while on the job. Cannot make them participate politically. b. Can make them take a test c. Educational Requirements that are linked with the j: civil service system

restrictions a local government impose on employees
public employees: (Benefits: For public safety officers we want it for emergency situations. Greater Commitment). (Downsides: some cannot afford to live in certain towns). California does not permit residency requirements.: civil service system

residence requirements
public employees: a. Wardwell v. Board of Education Pg. 470: Facts: Wardwell was a teacher that was hired after the city had passed a resolution that government employees had to be a resident of the district and she lived outside the side. Cou: civil service system

residency requirements case law
publice employees Residency requirements are always going to be imposed for elective office. Need to be registered to vote and live in the community.: civil service system

residency requirements - elective office
public employees CA says you cannot impose durational residency requirement for people running for office. Ex. If a person moved in a month ago, they can run for office.: civil service system

residency requirements - residency requirement for running for office
public employees II. You can impose conditions that are related in some way to the treatment of employees. As long as you are not trying to compel there political beliefs.: patronage and political activity
public employees I. Branti v. Finkel Pg. 480: Rule: Your political beliefs are protected political expression, you cannot deny people government benefits or privileges based on political beliefs and the same is true for government positions.: patronage and political acvitiy
public employees Government employees have protections under the due process clauses. Typically they have to give you notice and an opportunity to be heard before you get fired on the spot.: due process rights of governmental employees
public employees anyone who is in an elected office have to file an annual disclosure of all sources of income, property that they own in the community, business interest in the area, and have to do this every year.: integrity of governmental office and employees: conflicts of interest

Disclosure REquirement
publice employees arises when it benefits your own interest. Even though you donâ€™t have your own interest but if it is a parent or spouse that owns the business.: integrity in government offices and employees: conflicts of interest:

Self Dealing
public employees Have to have a substantial financial interest that could be adversely affected or positively affected. Ex: parcel of land and counsel member x owns the adjacent property to the parcel and someone comes to and says that they wa: integrity in governmental offices and employees: conflicts of interest:

Conflicts of Interest
public employees: not only prohibits them from participating the decision or trying to influence the decision (influencing colleagues, talking to staff, etc.). Have to remove yourself from the day that the decision is being made or when it com: integrity in governmental offices and employees:

rule Regarding conflict of interest
public employees: counsel members and appointed officials. Anyone who could potentially influence the decision. Staff members would have to remove themselves.: integrity in governmental offices and employees:

who should be covered by the conflict of interest rules
public employees: out right bribery. Other forms â€“ why donâ€™t you join me at my box I have Lakers tickets, feel free. Gift: not allowed to receive a gift but can from family members or friends that you exchange gifts with at a regular basis: integrity in governmental office nad employees:

Bribery
Public Employees: are not considered gifts. Regulated though, have to disclose all of them, live within certain limits (how much any entity or individual can give you). They can be bribes though, if someone is giving you money and you in retur: integrity in governmental office and employees:

bribery - campaign contributions
public employees Have to disclose all campaign contribution over a certain dollar amount. Not considered gifts and not subject to the gift contribution. Most jurisdictions have some kind of limit on the amount that you can receive.: Disclosure - campaign contribtions
publice employees Is that there is transparency in the government. Public gets to know all of your income.: disclosure - benefits of disclosure rules
public employees Will deter people who want to run because they donâ€™t want to disclose themselves.: disclosure - problesm with disclosure
public employees: Cannot sit on a city council or school board and vote on a contract that is going to go to your business or a family members business. Should not enter into a contract with the agency that you sit on the board for.: disclosure and disquilifiaction on votes

Self Dealing
public employees: Decisions that might potentially affect your property: California says that you are not allowed to enter into a contract that would have a material impact on your property or on your financial situation. So I cannot vote on a: disclosure and disqualifiaction on votes:

Conflicts of interest
public employees: Anything that a council member does to improve the city could arguably benefit your property. The line is not always clear, but courts say that if it has a direct or indirect interest, so long as that interest is not remote y: disclosure and disqualifiaction on votes:

argument against a conflict of interest
public employees: Fine; imprisonment; decision can be invalidated; in some instances you are disqualified from holding office in the future. Found guilty of having a conflict of interest you are disqualified.: disclosure and disqualification on votes:

penalties for conflict of interest
public employees: Not just voting can get you into trouble, but if you intend to influence the voting, like convincing colleagues and so on.: disclosure and disqualification on votes:

conflict of interest - influencing
public employees: cannot serve on a city council and the county board of supervisors at the same time, unless your county and your city is consolidated. Sometimes you will see people try to both serve on the city council and appoint themselves: disclosure and disqualification on votes:

incompatible offices
public employees: you are suppose to recuse yourself if there is a material impact, and also if you have bias. Not suppose to make a decision when your judgment is going to be clouded based on your personal feelings.: disclosure and disqualification on votes:

bias decision making
public employees: a. Dana Robin Corp v. Common Council Pg. 502: Facts: The developer here is contending that some of the commissioners had conflicts of interest and if he could have disqualified them then he could have had his plans approved.: public employees case law
public employees: California has a state law that protects public employees and it requires certain steps in dealing with public employees. Public employees have constitutional rights. Due Process rights: protects peopleâ€™s rights to have due: employee rights:

unions and collective bargaining
public employees: i. Aggressive Discipline: going to first council the employee to make changes. After this we want to give him an oral warning and tell them that if it happens again then there is going to be consequences. They we do a written: employee rights

unions and collective bargaining
public employees designed on how to deal with how employee unions get recognized. It is designed to create some reasonable method for resolving disputes of wages hours and conditions of employment. The point of the state law is to create a sta: employee rights:

union protection - Meyes Millias Brown Act
public employees: Upon the request of either party (public employer or employee association) have an obligation to bargain in good faith. Has to be about terms and conditions of employment. There are certain rights that are deemed management r: employee rights:

union protection - obligation to meet and concur
public employees: Either said can declare an in pass. Then we are required to go to arbitration. Arbitration is limited â€“ in some instances you may not be forced to arbitration because there is some issue right now whether the states law of: union protection: obligation to meet and confer.

do meet and confer but can't reach an agreement
public employees: this is when you do reach an agreement, sets forth all of the agreements between management and all of the employee agreements. Will specify all of the disciplinary measures, wages, which days are holiday days, Sick leave, al: union protection: obligation to meet and confer.

memorandum of understanding
public employees: Hours and wages are subject to collective bargaining. Managerial prerogatives is not subject to collective bargaining. Some jurisdictions have developed tests to determine if it is managerial or wages, hours, terms and condit: collective bargaining
public employee: 1. Central City v. Illinois: Facts: One case was about elimination of employees and the other was about evaluations. The state statute said that employers donâ€™t have to bargain over managerial things, but employers must barg: collective bargaining case law
public employees: There is a split in authority, some say if there is conflict between the MOU and civil service the civil service rule prevails. Others say that the union and employer can change civil service protections.: collective bargaining:

civil service
public employees: 1. Initiatives 2. Attending meetings 3. Voting: citizen control of governmental action: ways citizens control
public employees: you are trying to get court order to compel government to do what it is suppose to do. Law distinguishes as ministerial acts (acts where there is no discretion, like issuance of permit to someone who has a right to it) and di: citizen control of governmental action: ways citizens control: Filing lawsuits two major writs:

Mandamus
public employees: less frequently utilized, this is used to prohibit something. You might utilize this when certain government action does not occur.: citizen control of government action: Ways citizens control: filing law suits: two major writs

Prohibition
public employees: 1. Redmond v. Lexington County: Facts: There was a bond measure to raise money which was turned down, but the school board built a school anyways. Plaintiffs allege that the lease counts as obligation and this increases debt: state court

mandamus case law
public employees: Use of the word â€œshallâ€ will tell you that it will be viewed as a ministerial act. The statute said that city â€œshallâ€ maintain things, but there is still a lot of discretion involved. If a statute says a city â€œmay o: state court

mandamus: shall, may or could
public employees: If the legislative body approves something, and a city official refuses something, then mandamus might be appropriate. Ex. City approves check, but city treasurer refuses to sign.: state court:

mandamus exception
public employees: Some states do not allow this, but CA does. Statewide initiatives tend to be expensive. It is not as difficult for local government (required signatures are lower in numbers). An initiative is a law enacted by the people. The: state

initiative
public employees: A referendum is when the legislative enacts a law and people vote on it. You can overturn what the legislative has enacted. Advantage is when there is a stalemate or when legislative does not act. Disadvantage is the influenc: state

referedum
Land Use: : governed in all cities in California. Mandates from the states that cities have to have plans for future development of the cities. In California this is contained in the code that says that all cities must have a general plan. The: Land use
land use: a. Land Use (probably the most important): describes in general terms what type of development is likely going to happen. How we are going to distribute the location of future housing nad future retailing, etc.: general plan has to contain certain elements
land use: current population and what our expected population is going to be in the future. What kind of density are we going to have in the future, this is how many people per square mile or how many people within our lot. Density is determin: within land element look at:
land use i. current population and what our expected population is going to be in the future. What kind of density are we going to have in the future, this is how many people per square mile or how many people within our lot. Density is determ: floord area ratio
land use: We have to identify how people are going to move through the area (roadways, future transportation plans, transportation facilities that we have and which ones we need).: circulation
land use: has to set forth what are your goals for housing in the future, how are you going to set forth those goals, action programs that identifies particular sites, how are you going to reduce the impediement of housing.: general plan has to contain certain elements:

housing element
land use: This deals flood control, water pollution, farmland conversation, deals with endangerd specicia.s: general plan has to contain certain elements:

conservation element
land use: The general plan has to talk about what open space that you have and what open space are you are about to acquire in the future. For natural resources and etc.: general plan has to contain certain elements:

open space
land use: what are your plans to deal with noise problems in the community, What kind of noise levels doses the city expect? This is important in industrial issues.: general plan has to contain certain elements:

noise element
land use: General plan has to contain your plans as a community in dealing with the safety issues in your community.: general plan has to contain certain elements:

safety element
land use: typically it is limited to a particular area and designated for a particular area.: specific plans
land use: i. To create some incentives or interest in developing a particular area. ii. To create protections of a particular area where ther e is to much development.: specific plans are adopted for 2 reasons
land use: i. Zoning Ordinance: will tell us what particular parcels are zoned for. This has to be consistent with our general plan. Charter cities can deviate from the general plan.: how do we implement a specific plan
land use: This is allowed in California for uses for a short period of time. This will allow the city to study whether or not it made snese of the city to change its zoned area.: moretorium on uses
land use: The city tells u what is allowed on a property and what can be built. Need ot apply for permits. Hwat happens if you canâ€™get e permit. Almost everything needs a conditional use permit to build something on a lot. i. Cconditio: conditional use permit
land use: : there is standards that are being applied to a certain area. Want your house to be the same but need a variance since your lot is smaller then the rest of the other lots, then you will ask for a variance. Puprose is to allow for a: request for variance
land use: They are uses that exist currently that do not conform to the current zoning. The basic rule is that non-conforming uses are typically allowed to stay, however we can impose a certain period of time to eliminate them. Typically thoug: non conforming uses
land use: this means that we canâ€™t take them away. Rights are vested when you have actually done substantial work in reliance on this permit. Have to have already begun consruction in order for you to obtain your right to build units.: vested rights
land use: Once we get this we are locked in for our rights to devlope.: vested rights - vested tentative track map
land use: If we get this we are doing in exchange for some consideration the city is agreeing that it will not change the zoning on the property and that we have a vested right.: vested rights - development agreement

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Deck Info

Number of cards 194