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2003 Handbooks - League of California Cities

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2003 Handbooks - League of California Cities Powered By Docstoc
					                                     League of California Cities
                                     1400 K Street, Suite 400  Sacramento, California 95814
                                     Phone: (916) 658-8200 Fax: (916) 658-8240
                                     www.cacities.org


                                                                           City Attorneys Department
Spring 2003                                                                Newsletter
                  Contents                                      President’s Message
                                                                Valerie J. Armento,
President’s Message ............................. 1
                                                                City Attorney, Sunnyvale
Legal Department Contact
Information ............................................ 2
Looking For a Colleague ....................... 2
City Attorney’s Department
                                                                The Spring Conference at the Silverado Resort in Napa has just
Officers .................................................. 2   concluded and from all reports it was a resounding success. The
How Do I Search the California                                  sessions were well-attended and the location and facilities
City Attorneys Egroup Archives? ........... 3                   garnered favorable reviews, despite some unseasonable weather. I
Solve Problems Before They                                      was pleased that so many people found the time and resources to
Become Statutory .................................. 3           attend.
Conference
Calendar………………………………….3
                                                                From the pre-conference sessions through the litigation issues and
Special Thanks to Conference
Sponsors ............................................... 4      updates, and from the e-mail issues colloquy to the regulating
Director’s Report ................................... 4         conduct in the public square and land use presentations, the
Municipal Law Handbook ...................... 5
                                                                speakers furnished thoughtful and useful material. Most attendees
Department Forms Practice
                                                                hope never to confront the ethics situations presented with such
Management and Ethical                                          poignancy by several of our colleagues.
Standards Committee............................ 6
New Appointments ................................ 6             We are particularly indebted to the Honorable Mary Jo Levinger,
In Memory of and Retiring ..................... 7               Alice Vilardi, Rene Chouteau and Patrick Mahoney for taking
Did We Miss Someone? ........................ 7                 time from their courtroom duties to provide us with a "behind the
Tapes For Spring Conference ............... 7                   bench" perspective as former municipal law practitioners. We also
Future Conference Session                                       appreciate the engaging presentation by League President and
Topics.................................................... 7    Oakland City Attorney, John Russo, on SCA 1 (public access to
Spring Conference Wrap Up ................. 8                   information) and the work he has undertaken for the League.
Spring Conference Photos .................... 8
                                                                Lastly, the wine tasting and Copia receptions offered pleasant
                     Attachments                                social and networking opportunities. The Fun Run In Vino Veritas
                                                                t-shirt is "a keeper."
            California Municipal Law
             Handbook Order Form                                As was mentioned at the May conference, three by-law
            Bylaw Amendments
                                                                amendments are being proposed.               One amendment will
            Legal Advocacy Actions
                                                                incorporate the Municipal Law Institute into the Department as a
Want the Online Version?                                        standing committee function. The mission of the Municipal Law
View this newsletter under the                                  Institute is to integrate the study of municipal law with the practice
“Department News” section on the                                of municipal law and encourage students to enter this field, to
League’s Web site at:
www.cacities.org/attorneys.
                                                                                           President’s Message, continued next page
    City Attorneys Newsletter                                                                                               Spring 2003o

Legal                                             President’s Message
Department                                        (continued from previous page)
Contact
Information
                                                  promote an analysis of municipal law issues and to conduct an
                                                  annual symposium in conjunction with the Public Law Research
Alisa Fong                  916/658-8266          Institute at Hastings College of the Law. Another amendment
                        fong@cacities.org         revises the way in which the Legislative Committee operates,
Sussan Nasirian        916/658-8276               particularly in light of electronic communications, and focuses the
              snasirian@cacities.org              Committee's role on helping League legislative staff identify city
                                                  attorneys with specialized expertise to assist on legislative matters,
JoAnne Speers              916/658-8233           as needed. The third amendment expands the Municipal Law
                    speersj@cacities.org          Handbook editorial board to reflect the expansion of the Municipal
                                                  Law Handbook from its current 8 chapters to 13 chapters. The
                                                  2004 Handbook will be the 12th edition and will be the first
Looking for                                       comprehensive overhaul since the Handbook's inaugural edition in
a Colleague?                                      1993.
Visit the city attorneys
roster on the city                                Another project moving toward completion during my last quarter
attorneys website at:                             as an officer is a City Attorney Employment Handbook. Many of
www.cacities.org/attyroster                       you may recall providing materials or filling out a questionnaire in
                                                  2001 about the role in your entity of the City Attorney and the City
                                                  Attorney-City Council relationship. This handbook contains
                                                  discussion of topics such as the nature and parameters of the
                                                  employment relationship, and recruitment and selection of a city
            LEAGUE MISSION                        attorney, as well as model contract provisions for both in-house
      Our mission is to restore and               and contract city attorneys. The hope is this handbook will assist
        protect local control for                 practitioners and council members in better understanding what
        cities through education                  city attorneys do (or do not do) and enhance attorney-council
       and advocacy to enhance
             the quality of life
                                                  relations.
           for all Californians.
                                                  With the long days of summer, remember to play as well as work!

                                                                             Factum infectum fieri nequit.
                                                                           (What is done cannot be undone.)




City Attorneys' Department Officers
PRESIDENT                             1ST VICE PRESIDENT                   2ND VICE PRESIDENT                    DIRECTOR
Valerie J. Armento                    Michael G. Colantuono                Michael H. Roush                      Steven L. Dorsey
City Attorney, Sunnyvale              City Attorney, Barstow               City Attorney, Pleasanton             City Attorney, Norwalk, San
456 West Olive Avenue                 and La Habra Heights                 123 Main Street                       Marino and Buena Park
P.O. Box 3707                         555 West 5th Street, 30th Floor      P.O. Box 530                          355 South Grand Ave., 40th
Sunnyvale, CA 94088-3707              Los Angeles, CA 90013                Pleasanton, CA 94566                  Floor
Phone: 408/730-7464                   Phone: 213/533-4146                  Phone: 925/931-5017                   Los Angeles, CA 90071-3101
Fax: 408/730-7468                     Fax: 213/533-4191                    Fax: 925/931-5482                     Phone: 213/626-8484
E-mail: varmento@ci.sunnyvale.ca.us   E-mail: mcolantuono@clrlawfirm.com   E-mail:                               Fax: 213/626-0078
                                                                           michaelroush@ci.pleasanton.ca.us      E-mail: sdorsey@rwglaw.com
2                                                                                                             League of California Cities
 City Attorneys Newsletter                                                                          Spring 2003o


 Conference                                Solve Problems Before
 Calendar                                  They Become Statutory
 Plan Ahead and
 Mark Your Calendars!
                                           League legislative staff is looking for city attorneys that would be
 Annual Conference                         willing to occasionally serve as resources to provide legal analysis
 September 7-10, 2003                      of pending legislation affecting cities. City attorneys can provide a
 Sacramento Convention Center              valuable perspective to assist League legislative staff understand
                                           the legal and practical implications of pending legislation.
 Spring Conference
 May 5-7, 2004                             If you have experience in any of the following areas, and are
 Sheraton Harbor Island, San Diego         interested in serving please contact Craig Labadie, City Attorney,
                                           Concord, and Chair of the department’s Legislative Committee.
                                           Please contact Craig directly via email at:
                                           clabadie@ci.concord.ca.us and provide your contact information,
                                           and area of expertise.

                                           Individuals with expertise in areas not listed below that are
 How Do I Search the                       interested in serving as a resource should also feel free to contact
 California City Attorneys                 Craig. Thanks in advance for your assistance.
 Egroup Archives?
 Want to see if a topic that you are          - Assessment Districts        - Municipal Liability
 interested in has been discussed by the      - Brown Act/Conflict of       - Local Taxes (Sales, Utility, TOT)
 egroup previously before posting a
                                                Interest                    - Personnel
 message? Remember seeing a posting
 about a topic, but can’t remember            - CEQA                        - Property Taxation
 exactly what it said? You can search         - Community Services          - Proposition 218
 the egroup archives by following             - Debt Financing              - Public Records
 these simple steps:                          - Economic Development        - Public Safety
                                              - Elections                   - Redevelopment
 1. Sign into Yahoo! Groups at :              - Emergency Services          - Rent Control
 www.groups.yahoo.com/mygroups/               - Eminent Domain              - RLUIPA
                                              - Enterprise Zones            - Solid Waste/Recycling
 2. Click the name of the group that          - Environmental Quality       - Special Assessments
 you would like to visit on your My           - Franchises                  - Telecommunications
 Groups page.
                                              - Hazardous Materials         - Tort Reform
 3. Click the “Messages” link on the          - Housing                     - Transportation &
 group’s main page.                           - LAFCO                         Public Works
                                              - Land Use/Planning           - Utilities
 Posts are archived in chronological          - Local Initiatives
 order. You may search within the
 archive to locate certain messages.
 The “Archive Search” will search the
 subject line, sender and body of all of
 the archived messages.




League of California Cities                                                                                       3
City Attorneys Newsletter                                                                      Spring 2003o


                                      Director’s Report
                                      Steve Dorsey, City Attorney, Norwalk,
Special Thanks To City                San Marino & Buena Park
Attorneys Spring
                                      State Budget Update
Conference Sponsors
                                      As has been the case all year, the State budget crisis was the
The League of California Cities       primary focus of the Board's activities this quarter. On May 14,
and the City Attorneys Department     2003, the Board adopted a resolution at a specially-called meeting
offer a special thanks to the         stating that the League could support a budget recovery package
following law firms for sponsoring    that includes “contributions” of city funds to the State or
the wonderful COPIA event at the      temporary tax increases to finance the State debt, if legislators
spring conference in Napa:            commit to placing a measure on the ballot to constitutionally
       Alvarez-Glasman & Colvin      protect local agencies from future State raids. The resolution, with
                                      some minor amendments, was overwhelmingly approved by the
       Burke, Williams &
                                      General Assembly, also at a specially-called meeting. As Mayor
        Sorensen
                                      Ron Loveridge, Mayor of Riverside and First Vice President of the
       Liebert, Cassidy, Whitmore
                                      League said, the resolution “basically set the ground rules that will
       Meyers, Nave, Riback,         guide League support for a balance budget recovery package…If
        Silver & Wilson               the state wants our support, we in turn must be able to predict
       Morrison & Foerster           where our funds will come from, so we can plan for the future
       McDonough, Holland &          needs of our communities.” A copy of the resolution can be found
        Allen                         on the League's website.
       McDougal, Love, Eckis,
        Smith                         The League held its annual Legislative Action Days at the same
       Richards, Watson &            time the Board and General Assembly considered the resolution.
        Gershon                       More than a thousand representatives from local agencies
       Woodruff, Spradlin &          throughout the State convened in Sacramento for this event, which
        Smart                         was sponsored by the LOCAL (“Leave Our Community Assets
                                      Local”) coalition.
And additional thanks to:
                                      The LOCAL coalition has 350 member organizations, including
       Kronick, Moskovitz,           police, fire, labor groups, businesses, chambers of commerce, and
        Tiedemann & Girard            other organizations along with the sponsoring agencies, the
                                      League, the California State Association of Counties (CSAC), and
for sponsoring the fabulous 5K        the California Special Districts Association (CSDA).              The
Fun Run t-shirts. Congratulations     Legislative Action Days showcased the strength of the LOCAL
to all of those who participated in   coalition. Highlights included presentations by State Senate
the run!                              Republican Leader Jim Brulte and California State Department of
                                      Finance Director Steve Peace and a press conference on the
                                      Capitol steps at which officers of the League, CSAC, and CSDA
                                      and representatives of the California Teamsters, Fire Chiefs, Police
                                      Chiefs and Sheriff's Associations spoke on the importance of the
                                      coalition and the need to continue to fight to protect local services.
                                      Members of the coalition also made their presence felt by meeting
                                      with their local representatives in their Capitol offices.

                                                                   Director’s Report, continued next page

4                                                                                 League of California Cities
 City Attorneys Newsletter                                                                       Spring 2003o


 MUNICIPAL                               Director’s Report
 LAW                                     (continued from previous page)
 HANDBOOK

 2003-2004 Chapter
                                         These events coincided with the May 14th release of Governor
 Assignments
                                         Davis' May budget revision. The revision shows progress in
                                         protecting city revenues.
 Chapter I – Foundations of
 Municipal Government
                                         The May Revise assumes that the vehicle license fee “trigger” will
 Laura Lee Briggs, Assistant City
                                         be pulled by June 30th and counts on saving the VLF backfill costs
 Attorney, Half Moon Bay
                                         to the State for the full year. This revised budget proposes funding
                                         the COP/Juvenile Justice and other public safety programs, but
 Chapter II – Internal
                                         eliminates booking fee payments to the cities. It also assists local
 Organization and Personnel
                                         agencies by proposing to suspend 34 state-mandated programs.
 Brad Fuller, City Attorney,
 Redding
                                         The primary concern for cities, however, is that the May Revise
                                         continues to call for a $250 million per year shift of property taxes
 Chapter III – Open Government
                                         from redevelopment agencies to the State, with this amount
 and Ethics
                                         growing by $50 million per year for approximately 15 years until it
 Joseph Pannone, City Attorney,
                                         totals $1 billion dollars per year. This proposal requires cities to
 South Pasadena
                                         make these payments, if their redevelopment agencies do not
                                         generate sufficient revenue.
 Chapter IV – Elections
 Joel Kuperberg, City Attorney,
                                         League Action on Other Strategic Goals
 Irvine and La Palma
                                         While concentrating on the budget issues, the League has not
 Chapter V – Finance and
                                         ignored its other strategic goals. In order to further the goal of
 Economic Development
                                         fostering confidence in local government, the League appointed an
 Iris Yang, City Attorney, Paso
                                         Ad Hoc Ethics Education Committee to develop ethics education
 Robles
                                         programs for local public officials. The first meeting of the
                                         committee was held on April 25, 2003 and was attended by a
 Chapter VI – Municipal Services
                                         number of League Board members, other city officials, and
 and Utilities
                                         representatives of private industry with extensive experience in
 David Frank, City Attorney, Chico
                                         ethics issues.
 Chapter VII – Public
                                         The League addressed its second goal to “Expand the Supply of
 Contracting
                                         Housing in California in Balance with the Location of Jobs” by
 Anita Willis, Assistant City
                                         working to develop partnerships with the Community
 Attorney, Oceanside
                                         Redevelopment Association, California Building Industry
                                         Association, Housing California and housing advocates. The
 Chapter VIII – Public Property
                                         League also developed position statements for submission to the
 Robert G. Boehm
                                         media and opposed punitive housing legislation.
 City Attorney, Ventura
                                    It has been an exciting time to be on the Board. Hopefully, by the
                                    time of the next newsletter, I will be able to report positive
            Municipal Law Handbook, developments in the fiscal front.
                continued on next page
League of California Cities                                                                                 5
    City Attorneys Newsletter                                                                  Spring 2003o

Municipal Law                         Department Forms Practice
Handbook                              Management and Ethical
(continued from
previous page)                        Standards Committee
                                      Michael G. Colantuono, City Attorney, Barstow
Chapter IX – Regulating               and La Habra Heights
Businesses and Personal
Conduct
Shawn Mason, City Attorney, San       At the May conference of the City Attorneys Department in Napa,
Mateo                                 the officers of the Department announced the formation of an ad
                                      hoc committee to update the Department’s practice management
Chapter X – Land Use                  and ethics tools for practicing City Attorneys. Wynne Furth,
Janet Coleson, City Attorney, El      Senior Assistant City Attorney of Palo Alto, has agreed to serve as
Cerrito                               Chair of the committee and other appointments will be made
                                      shortly.
Chapter XI – Protecting the
Environment                           The project has its genesis in the decision of the League Board of
Gabrielle Whelan, Assistant City      Directors to make ethics training for local government officials –
Attorney, Tracy                       and an effort to increase the public’s perception that their local
                                      officials are sensitive to ethical matters – one of three major goals
Chapter XII – Code                    for the League this year. Two of the major ethics and practice
Enforcement                           management tools of the Department are in need of refurbishment
James Sanchez, Chief Assistant        due to the development of the Department’s website (which, if you
City Attorney, Fresno                 haven’t visited, you should – www.cacities.org/attorneys). First, is
                                      the Directory of Municipal Law Practitioners. That was developed
Chapter XIII – Liability and          as a directory of private law firms with expertise in municipal law
Litigation                            and its major function will now be performed by MuniLink, a new
Jennifer McCain, Assistant City       web-based resource developed by the League
Attorney, Escondido                   (www.munilink.cacities.org). The first section of the Directory,
                                      however, contained a useful series of articles and model contracts
                                      regarding the selection, retention and management of outside
New                                   counsel. Those materials are in need of a new “home,” given the
Appointments                          Directory’s transition to a web resource.

The following individuals             Second, is The City Attorney’s Deskbook, developed in 1994 as a
have recently been appointed          convenient place to locate indices to opinions, model ordinances,
to serve as City Attorneys:           and papers prepared by members of the Department. The power of
                                      computers and especially the Internet to facilitate indexing and
          Jamie Casso                retrieving large numbers of documents made the Deskbook a
           City Attorney, Lynwood     natural candidate for replacement by the Department website.
                                      Indeed, the resources found on the website’s MuniLaw Research
          Jonathan Lowell            Center are far more powerful than any paper index could be. The
           City Attorney, San Luis    Deskbook, too, included useful introductory papers on ethical
           Obispo
                                      issues for City Attorneys, dealing with the press, the role of the
                                      City Attorney, etc. These materials also need updating and a
          Shawn Mason
           City Attorney, San Mateo
                                      permanent home.

                                                          Department Forms Practice Management and
                                                      Ethical Standards Committee, continued next page
6                                                                                 League of California Cities
 City Attorneys Newsletter                                                                        Spring 2003o


 Future                               Department Forms Practice Management
 Conference                           and Ethical Standards Committee
 Session                              (Continued from previous page)
 Topics?
                                      Thus, the ad hoc committee on Practice Management and Ethical
                                      Standards was formed to collect the Department’s resources on
 Have an idea for a                   practice management and ethics issues, to update those materials,
 future conference                    and to give them a new home either in print, on the web, or
 session topic? Contact               perhaps both. The committee will also discuss whether it is
 the League at fong@cacities.org      appropriate to fashion a voluntary code of ethics or statement of
 with your suggestions.               principles for practicing public lawyers, to provide an ongoing
                                      peer support / technical assistance team for public lawyers facing
                                      ethics issues in their practices, and other efforts to provide city
                                      attorneys ethics training (and MCLE credit!) and useful tools for
                                      practice management. While the initial tasks facing the committee
                                      are clear enough, the full scope of its agenda remains to be
  Tapes for Spring                    determined in consultation among the committee, the Department
  Conference Available                officers, the Department membership and, perhaps, the League
                                      Board of Directors.
  Unable to attend, or missed a
  session at the spring               If you have an interest in serving on the committee, please contact
  conference? Tapes of all            me (by mid-June) at mcolantuono@clrlawfirm.com or (213) 533-
  program sessions are available      4146. If you have thoughts or suggestions for the committee’s
  through All Star Media.             work, contact me or Wynne Furth at: (650) 329-2171 or
  Individual tapes are available      wynne.furth@cityofpaloalto.org.
  for $10.00 each and CDs for
  $12.00 each, plus shipping
  costs. Purchase the entire
  conference program for                               In Memory of…
  $49.00, plus shipping costs on
  CD Rom. Tapes and CDs can                   The League would like to recognize the following individuals:
  be ordered online at                          Tony Alperin, former Assistant City Attorney of Los Angeles
  www.allstartapes.com.                         Marvin Helon, former City Attorney of Clovis

                                                       Retiring
  Did We Miss Someone?                          Roy Abrams, City Attorney of Palo Alto, San Mateo
                                                and South Lake Tahoe
  The League tries hard to keep up              Bill Carnazzo, Assistant City Attorney of Sacramento
  with the appointments and                     Edward Foley, City Attorney of Greenfield and King City
  retirements in the state. If we               John Kaheny, City Attorney of Chula Vista and San Diego
  missed someone, please let us                 Bart Thiltgen, City Attorney of Bakersfield
  know (fong@cacities.org) so we                 Ken Wilson, City Attorney of Cloverdale and
  can put the person on the mailing              Healdsburg
  list for League programs and
  publications or provide
  appropriate recognition.


League of California Cities                                                                                   7
    City Attorneys Newsletter                                                                      Spring 2003o

Spring                                    Spring Conference Photos
Conference
Wrap                                      Clockwise: 1) Judges’ Forum and Litigation Skills/Tactics (left to
                                          right): Valerie Armento, Judge Levinger, Judge Vilardi, Judge
Up                                        Chouteau, Judge Mahoney 2) Past President’s Reception (top left to
                                          right): Michael Roush, Tom Haas, Dan Curtin, Michael Colantuono,
                                          Tom Curry, Steven Dorsey, Valerie Armento, Ariel Calonne,
The spring conference in Napa was         Manuela Albuquerque 3) Retirement Presentation to Edward Foley
attended by over 400 attendees.           for 21 years of service as City Attorney of Greenfield and King City
The League thanks everyone who
attended, particularly all of the
speakers and moderators for
contributing to a successful
conference.




                                                                        Figure 1




                     Figure 4




                                                                        Figure 2
                    Figure 5



    4) 2002-2003 Department Officers
    (top left to right): Michael Roush,
    Valerie Armento, Steven Dorsey,
    Michael Colantuono 5) Fun Run
    participants warm up


                                                                        Figure 3


8                                                                                     League of California Cities
   City Attorneys Newsletter                                                                              Spring 2003o


                                                   LEGAL ADVOCACY
                                      League Board Executive Committee Actions
                            On Cases Considered for Friend-of-the-Court Assistance

   The following cases were recommended by the Legal Advocacy Executive Committee on May 8, 2003, and
   approved by the League Board Executive Committee on May 12, 2003. This is for informational purposes
   only – no action is required by cities.

          Case Name                            Description of Case              Action Approved           Counsel
LAND USE
Harvest Church v. City of               This case concludes that a city has    Letter in              Amicus Writer:
Concord, currently unpublished.         the discretion to deny a zoning        support of             Thomas Douvan
                                                                               publication on
                                        administrator's permit application     behalf of the          McDonough,
(The League previously                  using a general welfare standard in    League to the          Holland and Allen
coordinated a friend-of-the-court       the absence of a specific standard     court of               PH: 510/273-8080
brief on behalf of 79 cities            for the planning commission’s          appeal.                tdouvan@mhalaw.
supporting the city’s appeal to         review.                                                       com
reverse the trial court’s rulings.                                             The letter brief was
The brief was filed in April 2002.                                             filed on May 13,       Party Counsel:
The court of appeal issued an                                                  2003.                  Craig Labadie
unpublished decision on April 17,                                                                     City Atttorney,
2003, in favor of the city                                                                            Concord
reversing the trial court’s rulings).                                                                 PH: 510/671-3160
                                                                                                      clabadie@ci.conc
                                                                                                      ord.ca.us
MUNICIPAL LIABILITY
Lee v. Los Angeles County               This case involves the timeframe       Letter in              Amicus Writer:
Metropolitan Transit Authority,         for damages recovery in pollution      support of             Girard Fisher
                                                                               California
107 Cal. App. 4th 848, 132 Cal.         and earth movement type cases          Supreme                Pollak, Vida &
Rptr. 2d 444 (2nd Dist., April 4,       involving progressive losses. The      Court review,          Fisher
2003).                                  court concluded that the timeframe     and in the             PH: 310/551-3400
                                        when a party may recover begins        alternative            gf@pvandf.com
                                                                               decertification
                                        when the problem is stabilized         from
                                        rather than the traditional rule of    publication on
                                        when the party knew or should          behalf of the
                                        have known of the damage. This         League.
                                        conclusion presents a greater period
                                        of liability for public entities.
OTHER
Nightlife Partners, Inc. v. City of     This case presents practical           Letter in support of   Amicus Writer:
Beverly Hills, B161436, 108 Cal.        problems for city attorney's offices   decertification from   League Staff
App. 4th 81, 133 Cal. Rptr. 2nd         because it concludes that a city       publication on
234 (2nd Dist., April 24, 2003).        attorney may not participate as a      behalf of the
                                        hearing officer's advisor during an    League.
                                        administrative review process, and
                                        subsequently participate as an
                                        advisor in any appeal due to bias.




   League of California Cities                                                                                         9
                                             NOW AVAILABLE
 League of             The California Municipal Law Handbook
 California                          2003 Update
 Cities
 The California Municipal Law Handbook editorial board and volunteer municipal attorneys have
 completed a comprehensive update for 2003, featuring important changes in the law and an
 updated subject index and table of authorities.

 ACT NOW TO KEEP YOUR HANDBOOK UP-TO-DATE

 To order the update and/or additional copies of the complete handbook, please fill out the order
 form below and return it to the League. If your handbook is more than a year out of date, update
 it in minutes with a complete 2003 California Municipal Law Handbook, without binder or tabs.
 You will save money, and a lot of time! Orders of five or more handbooks or updates receive a
 ten percent discount. Learn more about League publications at www.cacities.org/store.

                           Prepayment is required for all League publications.

                                 Update Only                 2003 Handbooks                  Additional Complete Handbooks
                                                             (without tabs or binder)

 City and Other                     $75 Item # 1387            $125 Item # 498                         $150 Item # 957
 Public Officials
 All Others                         $100 Item # 1388          $185 Item # 1106                         $350 Item # 958
League of California Cities
                       The California Municipal Law Handbook 2003 Update
                           All prices include shipping and sales tax -- prepayment is required.

 PRICES: ____ (# of updates) @    $_______   = $________      Name _____________________________________________

                                                              Title ______________________________________________
         ____ (# of handbooks) @ $_______    = $________
                                                              Street Address (No P.O. Box Please) ____________________
                                   TOTAL       $________
                                                              ___________________________________________________

                                                              City _______________________ State ____ Zip _________

                                                              Telephone ________________________________________
 Cardholder Name __________________________________
 VISA/MC Card No. _________________________________           Please check which applies:
                                                                           City or Other Public Official           Others

 Signature ________________________________________
 Exp. Date _______________________________________


                            Please make checks payable to: League of California Cities
                                                    Mail Payment to:
         League of California Cities, Attn: Publications Unit, 1400 K Street, 4th Floor, Sacramento, CA 95814
                                   Credit card orders may be faxed to: 916/658-8220
                                         Order online at: www.cacities.org/store
                                   Questions? Contact Publications at 916/658-8257
                         League of California Cities
                         1400 K Street, Suite 400  Sacramento, California 95814
                         Phone: (916) 658-8200 Fax: (916) 658-8240
                         www.cacities.org
                                          City Attorneys' Department
                                      Proposed 2003 Bylaws Amendments

The following amendments to the City Attorneys’ Department Bylaws are recommended by the
executive committee of the department (comprised of the President, First Vice President, Second Vice
President, and Director). A vote recommending the adoption of the proposed bylaw amendments will
take place at the department business session at the annual conference in Sacramento on September 8,
2003. To view the complete set of bylaws, with these proposed amendments and bylaws, please visit the
city attorneys department website at www.cacities.org/attorneys and click on “What is the City
Attorneys Department.”

                                   ARTICLE IX - STANDING COMMITTEES

Section 3 - Legislative Committee

(d)      Duties and Responsibilities-

                  (1)      The committee shall meet in person during the annual and spring conferences, and
                           during the legislative session in person or via telephone conference as necessary.

                  (2)      The committee shall actively consult and meet with League legislative staff to
                           ascertain the most effective means of assisting staff on legislative matters and on
                           advising policy committees. Upon request, the committee shall help to identify
                           practitioners with specialized expertise in the subject matter of pending or
                           proposed legislation to provide legal analysis and recommendations to League
                           legislative staff.

                  (3)      The committee shall coordinate its activities with League policy committees by
                           providing such information as is necessary to assure consistent Department
                           recommendations and positions on legislation and League policy resolutions. The
                           committee shall also coordinate with the Department’s representative on the
                           General Resolutions Committee.

                  (4)      In addition to the annual report provided at the spring conference, the committee
                           shall prepare a report The committee may from time to time provide reports to
                           the department officers, as necessary and appropriate, summarizing pending and
                           proposed League legislative activities with respect to both initiating legislation
                           and responding to known or probable legislative proposals. The report may shall
                           include recommendations on department positions and activities with respect to
                           such legislation, including recommendations for city attorney contacts with
                           subject matter expertise and willingness to work on the particular legislation as
                           needed. The committee’s reports, if written, shall be available through the
                           department newsletter, Internet listserv or on the League’s web site.
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New language is in bold italics; deleted language is in strike-outs.
 City Attorneys Newsletter                                                                       Spring 2003o



Section 5 - Municipal Law Handbook Committee

(a)      Membership - The membership of the municipal law handbook committee shall be based on the
         number of chapters of the Municipal Law Handbook. Each member, other than the
         committee chair, shall serve as the chair for one chapter, and comprised of nine members.
         Eight of the committee members shall each be responsible for overseeing the update process for
         one of the handbook's eight chapters. The ninth An additional committee member shall be the
         committee chairperson, whose responsibility shall will be to oversee the committee's efforts.

         Appointments shall be made by the president annually in March. When making these
         appointments, the president shall designate the committee's chairperson, who shall have already
         served on the committee for a term.

(b)      Term of Office - Appointments shall be for staggered two-year terms, except for the committee
         chairperson, who shall serve for one year.

(c)      Duties and Responsibilities -

         (1)      To assist the League in updating the material in The California Municipal Law
                  Handbook, to alert city attorneys to changes in statutes and case law which bears on the
                  subjects covered in the handbook.

         (2)      To identify new subjects which should be covered in the handbook.

         (3)      To identify subjects which should be covered in more detail in the handbook, with a
                  special emphasis on making the handbook a practical and vital resource for city attorneys.

         (4)      To initiate and oversee, within the context of procedures established by the committee as
                  a group, the effort to update and augment each of the chapters in the handbook.

         (5)      To involve a wide range of municipal attorneys in the updating and augmentation effort,
                  both in writing and reviewing update materials.

         (6)      To complete the updating process by February 1 of each year so supplements to the
                  handbook will be available for distribution at the city attorneys spring conference.




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New language is in bold italics; deleted language is in strike-outs.

12                                                                                  League of California Cities
Section 7 – Municipal Law Institute (MLI) and MLI Committee

(a)      Membership – The MLI Committee shall be appointed by the president, who shall also
         designate its chair. The MLI Committee shall be composed of at least five members. A
         Department Officer shall serve as a liaison and attend meetings as necessary and appropriate.
         Appointments shall be made by the Department president in November after consideration of
         the candidate’s willingness and ability to attend and otherwise participate in the activities of
         the MLI Committee.

(b)      Term of Office – The terms of the MLI Committee and the term of the chair shall commence
         upon appointment. All appointments shall be for staggered two-year terms, but the president
         may reappoint members.

(c)      Purpose – The MLI shall be a project of the City Attorney’s Department. The purpose of the
         MLI Committee is to carry out the Duties and Responsibilities of the MLI, as set forth below.

(d)      Duties and Responsibilities – The MLI’s mission shall be to advance the Department’s
         purposes, as set forth in Article II by

         (1)      Integrating the study of municipal law in law schools with the practice of municipal
                  law in order to encourage and train students to work in municipal law as a profession.

         (2)      Promoting, through research and scholarly exchange, an analysis of municipal law
                  issues.

         (3)      Acting as a resource to the state legislature and judiciary in the development of
                  municipal law and supporting the legislative and legal advocacy programs of the
                  Department.

         (4)      Conducting an annual symposium on municipal law issues in conjunction with
                  the Public Law Research Institute at Hastings College of the Law.

Section 7 8 – Reports to Membership

The chairperson of each standing committee (except for the Legislative Committee) will provide an
annual report at the spring conference and will provide other reports as necessary, as requested by the
department officers. The reports will be provided to the department officers and the members of the
department (through the city attorneys’ newsletter or League web site). The report will describe the
immediate past and prospective committee activities. The chairperson may also be asked to briefly
report on the committee's work at other department meetings and conferences.




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New language is in bold italics; deleted language is in strike-outs.

				
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