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Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Municipal Law for Louisiana on
Q: If task force was to obtain a warrant under suspicion & belief, an they go into your house and didn’t find anything

Can they arrest u under there suspicion, and believe beings that they still didn’t find nothing

James L. Arrasmith
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answered on Sep 16, 2024

If law enforcement obtains a warrant based on suspicion and belief and enters your home but does not find anything illegal, they typically cannot arrest you solely on that suspicion. Warrants allow them to search your property for evidence of a crime, but if no evidence is found, their authority to... View More

0 Answers | Asked in Traffic Tickets and Municipal Law for Colorado on
Q: 09/16/24 My drivers license is suspended for a year(08/29/24-08/29/25) from something 6 years ago.. How?

My name is Quinten, I am now 24 years of age. I got a DMV envelope in the mail late last month(08/2024) that stated that my license was suspended for a year!? Starting 08/29/2024, then ending 08/29/2025.

The issue is this is due to my traffic record between the years of 2017-2018. Which is... View More

0 Answers | Asked in Family Law, Real Estate Law, Landlord - Tenant and Municipal Law for Maryland on
Q: Subtenant rights in Baltimore county during Covid 2020

I was a victim of what I was told was an illegal eviction. My father was locked up in 2019 for a DUI for 6 months and I supported the family. When he got out we had a verbal agreement that I could live in the property for free during the time I supported the family. This changed within only a... View More

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Municipal Law for Tennessee on
Q: How do I force the HOA management company to do repairs on common elements for my condo?

This is in Knoxville. One side fence was damaged badly by the next door tree limbs, and the back yard concrete patio has been severely cracked by tree roots and must be removed and replaced. Also, one section of the back yard fence is missing altogether - it was missing when we bought the condo... View More

1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Municipal Law for Tennessee on
Q: Someone who enforces statutes, has been ruled as an administrative clerk. Thompson vs Smith, Keller vs P.E., F.R.C vs

G.E. Doesn’t that make the Administrative Clerk an extension of the prosecutor? Wouldn’t that be a conflict of interest?

James L. Arrasmith
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answered on Sep 15, 2024

While it might seem like a conflict of interest, the roles are designed to remain separate. Checks and balances exist within the legal system to prevent clerks from overstepping their boundaries. If you believe there is an inappropriate overlap in someone's role, you may want to consult legal... View More

3 Answers | Asked in Municipal Law and Gov & Administrative Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act and other open meeting laws.

Are there laws regarding fiduciary responsibility for board members of a municipal public agency? More specifically can a board member initiate a large payment to an independent contractor without board knowledge or approval?

James L. Arrasmith
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answered on Sep 13, 2024

In California, board members of a municipal public agency do have fiduciary responsibilities, which means they must act in the best interests of the agency and its constituents. These responsibilities include duties of care, loyalty, and obedience to the law. Acting independently to initiate a... View More

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0 Answers | Asked in Energy, Oil and Gas, Municipal Law, Consumer Law and Personal Injury for Texas on
Q: Can I sue the City of Denton, Texas? Or Municipal Utility department?

-I have lived alone in a 4 bedroom house for over 3 years, with no issues with my Utility bill. Suddenly, I received a bill showing I used an absurb amount of water, approximately 124,000 gallons! This would be a small lake, or very large pond. My water bill went up to $1200

-I hired the... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Brown Act

What is the exact statute or legal determination by case law or otherwise in writing that the agenda of a public meeting must include an agenda packet or agenda materials that provide additional information to the public? For example, if the legislative body is going to approve a contract, where is... View More

James L. Arrasmith
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answered on Sep 11, 2024

The Brown Act, California's open meetings law, requires that agendas of public meetings provide a clear description of each item to be discussed, allowing the public to understand the topics being considered. However, the Act itself does not explicitly require that the agenda must include the... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.

At every board meeting, the minutes from the previous board meeting are reviewed and then approved by the board. These minutes are sent to the board members before the meeting so board members can review the minutes in advance. Are these minutes required to be made available to the public at the... View More

James L. Arrasmith
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answered on Sep 10, 2024

Under the Brown Act, when minutes from a prior board meeting are distributed to a majority of the legislative body, they generally must also be made available to the public at the same time. This is because the Brown Act requires that any written materials distributed to a majority of the members... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.

This public agency is also an independent California corporation. What are the legal requirements for this entity to produce and publicly report meeting minutes?

Robert Kane
Robert Kane
answered on Sep 9, 2024

Perhaps you could name this public agency that is also an independent California corporation.

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0 Answers | Asked in Family Law, Child Custody, Juvenile Law and Municipal Law for Pennsylvania on
Q: I am a minor at the age of 16, I am looking to be emancipated in the state of Pennsylvania. How do I do it?

I am currently in foster care, but in the home, there's people abusing drugs, calling me racial slurs and threatening to kill me just because of my skin color. Im not sure if I am able to go back home, and there are no other foster homes available, so if emancipation is not a choice, they will... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.

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?

James L. Arrasmith
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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

0 Answers | Asked in Gov & Administrative Law, Education Law and Municipal Law for Louisiana on
Q: Can a mayor & city council person have their names on trust funds left to a public library?

I’m a newly elected library board of trustee president. Our mayor has physically taken over two CDs & special account created from trust funds left to the library. We are a small city library & use the city’s tax ID #. From what I read in Chapter 182 of the Missouri Revised Statutes,... View More

0 Answers | Asked in Consumer Law, Traffic Tickets and Municipal Law for Utah on
Q: Car impounded Sun night 11 days ago. (no ins.) Wouldn't release Fri 530. Forced 4 day wknd til Tues +$160

I run a business from my vehicle. I'm the only one that works for my company. No car, no income, period. It's been 11 days already. Bills still piling up, no way to pay, including car payment. I tried to get it out but the owner forced me to wait until Tues as they were "closed"... View More

0 Answers | Asked in Municipal Law for Texas on
Q: Exorbitant and Unconstitutional Water Charges, Arbitrary Charges for Sewer use based on Water Usage.

Investigated this 15 yrs ago, saw City of Plano had website msg posted that said they were not the cause of high water charges, was from apoorly entered contract between previous mngmnt and North Texas Municipal Water District (NTMWD) that billed for as much as 75% more water than we use. When I... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.

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?

James L. Arrasmith
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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

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.

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?

James L. Arrasmith
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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

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