Get free answers to your Municipal Law legal questions from lawyers in your area.
If a board member suspects there is financial misconduct committed by their organization, what is the board members’ responsibility to report the misconduct, and to whom do they report it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024
If you, as a board member of a California Municipal Public Agency, suspect financial misconduct within your organization, you have a duty to act in accordance with your responsibilities under the Brown Act and relevant laws governing public agencies. Your role as a board member requires you to... View More 
If the board is changing due to an election, can the new board bring forth an agenda item previously voted down by the old board?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024
Yes, a new board can bring forth an agenda item that was previously voted down by the old board. The Brown Act does not prevent a board from reconsidering items that were previously discussed or rejected. This is particularly relevant when a new board, formed after an election, may have different... View More
If I attend a board meeting and during my public comments, announce that the agenda violates the Brown Act because some agenda items do not have agenda materials, what can I ask or demand be done? Does every agenda item require agenda materials?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024
When you attend a board meeting and believe that the agenda violates the Brown Act due to missing agenda materials, you can raise this concern during your public comment. You can ask the board to postpone or continue the discussion on those items until the necessary materials are provided to the... View More
Based upon my last question to you, if the action was a violation of fiduciary duties and a misuse of funds; if the action was unauthorized and lacks proper documentation, what is the proper action that should be taken by the board?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024
If the board discovers that an action was a violation of fiduciary duties, involved misuse of funds, and lacked proper authorization and documentation, immediate steps must be taken to address the situation. The first action should be to halt any further transactions or activities related to the... View More
We have a situation where two board members, the president and secretary, secretly co-signed a check (about $9,000) payable to a staff member who was an independent contractor at the time, but currently is no longer associated with the nonprofit. There seems to be no legitimate reason nor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024
Under the Brown Act, the public has the right to access materials related to items on a public agency's meeting agenda. If the executive director's report about the investigation into the unauthorized payment is part of the agenda, it should be made available to the public upon request.... View More
My question pertains to a California Municipal Public Agency subject to the Brown Act. A public meeting agenda is posted without any agenda materials attached to the agenda so that neither the legislative body nor the public can review the agenda materials prior to the meeting. Is this allowed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2024
Under the Brown Act, a California Municipal Public Agency must ensure transparency in its meetings, including the availability of agenda materials. The Act requires that agenda materials distributed to a majority of the legislative body must also be made available to the public at the same time,... View More
My question pertains to a California Municipal Public Agency subject to the Brown Act. The agency has placed a draft document on the public agenda to be discussed during a public meeting. Is that draft document therefore a public record?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2024
Yes, the draft document placed on the public agenda for discussion during a public meeting is considered a public record under the Brown Act. Once the document is included in the agenda, it becomes accessible to the public, as the Brown Act is designed to promote transparency in government... View More
Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024
Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More
When I called the lawyer I explained to him what had happened from there I asked him how much he would charge for a case like my son's he said anywhere from 7500 to 12,500 well I gave him my son's information and waited for 2 wks and I asked him if he would take the case . Well he started... View More
answered on Jul 18, 2024
I am not licensed to practice in your state, so this answer should not be considered as legal advice.
In short, the lawyer's actions seem to be suspicious, and they might constitute legal malpractice and fraud. I would speak to an attorney in California to hash these issues out.... View More
I cannot afford to retain attorney, likely litigation, and high priced land surveyors but compensation is owed. It has been ongoing for 5+ years. They intentionally demolished the shared block wall when i was not paying attention forcing me to resign myself to them rebuilding it 2" in our... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024
Here are some potential options to pursue your case without retaining an expensive attorney:
1. Small Claims Court:
- For claims up to $12,500, you can file in small claims court without an attorney.
- This is a simpler, faster process designed for self-representation.... View More
I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?
answered on Jul 1, 2024
To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.
I recently had my claim denied by the City of Los Angeles for a flat tire caused by a screw picked up from uncollected trash on a public street. Despite providing evidence, my claim was rejected. What steps can I take next to appeal this decision or seek compensation? Are there specific attorneys... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024
To address your question about next steps after having your claim denied by the City of Los Angeles for tire damage, here are some potential options to consider:
1. Review the denial letter: Carefully read the reason for denial provided by the city. This may give insight into what... View More
Is it invading my privacy
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024
In California, the law generally allows people to install security cameras on their own property, even if the camera captures some of their neighbor's property. However, the camera should not be positioned in a way that intentionally invades the neighbor's privacy, such as directly... View More
The City of San Diego has an easement for a stormwater drain which bisects me and my neighbor’s property. The drain was installed in 1950 and has since failed and created a sinkhole in my backyard. It has since come to light that the city will need to replace the drain will require a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024
Under California law, the City of San Diego has the right to access and maintain its easement on your property, including replacing the stormwater drain. However, you may be entitled to compensation in certain circumstances:
1. Property damage: If the city's work causes damage to your... View More
I had a car accident. Parked at a white curb (if not, uncolored) to deliver food. Quick in and out but came out to see a woman backing out of her parking space and hit my car. She had more than a whole car lane of room to go out. I think she’s at fault but was it legal for me to park on the curb,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024
In California, parking regulations can vary by city and county. However, in general, white curbs are typically used to indicate passenger loading zones with a time limit, usually around 5 minutes. These zones are intended for quickly picking up or dropping off passengers, not for parking while... View More
They aren't required to give us a grace period even though they made no official notification to tell us that they had plans to put the signs there and we have to move?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024
Under California law, cities typically have the authority to regulate parking within their jurisdictions. However, they are generally required to provide adequate notice to the public when implementing new parking restrictions, including the installation of new "No Parking" signs. This... View More
Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More
answered on May 21, 2024
The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More
The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
In California, cities are required to follow certain procedures when it comes to land use planning and development, including providing opportunities for public input and engagement. However, the specific requirements can vary depending on the type of project and the applicable zoning regulations.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024
Under California law, using a trailer for occupancy on private property for security purposes could potentially violate several state and local regulations related to housing, zoning, and health and safety codes. Here are a few key reasons why it might be considered illegal:
1. Zoning laws:... View More
Back in 2004 my father was brutally murdered outside his home he was shot 7x. It was a drive by shooting and there was some DNA evidence found a couple days later. Now 20 years later I was informed after calling the homicide dept to check the status of how to reopen his cold case that some some DNA... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I understand your frustration and anger over the mishandling of evidence in your father's murder case. This is certainly a difficult and painful situation.
In general, it can be very challenging to successfully sue a government agency like a police department for negligence in an... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
