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, Firebaugh, Fowler, Greenfield, Hollister, Lemoore, Merced 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
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...
The California Public Records Act Has All New Statutory Citations Starting January 1, 2023
January 2023Number 7Local government agencies regularly issue correspondence regarding the California Public Records Act (CPRA) which lists the statutes concerning the disclosure of public records. Starting on January 1, 2023, the CPRA’s statutory citations have changed. The California Legislature has moved all sections of the CPRA to a different section of the Government Code. This means referenced statutes contained in outdated letters may no longer be valid.The CPRA...
New EEOC Poster to be Posted by Employers
January 2023Number 5On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster, which must be posted by all covered employers. This newly released poster replaces the “EEO is the Law” poster.BackgroundCovered employers include all state and local government employers, educational institutions, unions, and staffing agencies as well as private employers with 15 or mo...
U.S. Supreme Court Holds USERRA Damages Claims Viable Against Arms of the State in Federal Court
December 2022Number 61Earlier this year, in Torres v. Texas Department of Public Safety (June 29, 2022) __ U.S. __ [142 S.Ct. 2455], the United States Supreme Court held that claims for damages under the federally enacted Uniformed Services Employment and Reemployment Right Act (USERRA) are permissible in federal court against states and arms of the state, such as California universities, community college districts, and school districts, thereby superseding Ninth Circuit precedent which conc...
Senate Bill 1439 Expands Certain Prohibitions of Accepting Campaign Contributions from Persons or Entities with Business Before a Public Agency
December 2022Number 56The Political Reform Act of 1974 (PRA) prohibits government officials from soliciting or accepting campaign contributions of more than $250 from persons with a proceeding for a license, permit, or other entitlement pending before the agency, if the officer knows or has reason to know that the donor has a financial interest in the proceeding. The existing prohibition applies 12 months before and extends for three months after the final decision is rendered in the pr...
New Legislation Expands Employee Leave Rights
November 2022Number 51Assembly Bill 152 – COVID-19 Supplemental Paid Sick LeaveAssembly Bill (AB) 152 went into effect immediately and extended the requirement to provide eligible employees with supplemental paid sick leave (SPSL) through December 31, 2022. This requirement was previously set to expire on September 30, 2022. Please note, AB 152 does not expand the total number of hours of SPSL an employee is entitled to. For example, an employee who has already exhaust...
Discrimination Prohibited for Cannabis Use While Away from Employment
October 2022Number 47Governor Newsom recently signed into law Assembly Bill (AB) 2188, which prohibits employers from discriminating against job applicants and current employees for cannabis use off the job and away from the workplace beginning January 1, 2024.Under existing law, the California Fair Employment and Housing Act provides all persons the right and opportunity to seek, obtain, and hold employment without discrimination on the basis of race, religious creed, color, national origin,...
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. |
