PRACTICE AREAS

Code Enforcement
Conflicts & Ethics
Contracts & Public Works
Elections
Environment & Toxics
Franchises & Utilities
Labor & Employment
Land Use & Zoning
Law Enforcement
Litigation
Mining
Municipal Organization
Native Americans
Property Acquisition & Takings
Public Finance
Redevelopment & Housing
Rent Control
Risk Management & Torts
Solid Waste
Water

Conflicts and Ethics

We are leading experts in governmental ethics and conflict of interest laws. We have expertise in the Brown Act, the Political Reform Act, Public Records Act, Public Bidding laws and the Maddy Act. Our team of attorneys serves as legal counsel to public agencies on a wide variety of areas related to governmental ethics and conflicts of interest. We provide impartial legal counsel of the highest quality to ensure governmental acts are made in an ethical and transparent manner. We also advise our clients on compliance with important federal, state and local election rules.

California legislative policy favors making government transparent, accessible, and fair, and many different laws are a part of creating “open government.” Designed to improve public participation and governmental transparency and assure ethical conduct by public officials, such laws can become pitfalls for public agencies without experienced legal counsel.

Expertise

  • The Ralph M. Brown Act
  • The Maddy Act (Governmental Appointments)
  • The California Public Records Act
  • Statements of Economic Interest (FPPC Form 700 Compliance)
  • AB 1234 Ethics training
  • Mass Mailing regulations
  • Conflict of Interest codes
  • Political Reform Act
  • Government Code § 1090
  • Incompatibility of Offices Doctrine
  • Due Process/Fair Hearing conflicts
  • Quo Warranto actions
  • Common Law Conflict of Interest Doctrine

Expertise in Action

Our attorneys have conducted frequent training sessions for public officials, including orientation for new council members and commissioners. We have provided AB 1234 ethics training, and developed expense reimbursement polices. We were instrumental in developing the ethical standards for city attorneys approved by the City Attorneys Department of the League of California Cities in 2006. We advise city clerks and other public officials on responses to Public Records Act requests. We have drafted codes of ethics in our municipalities, created ethics commissions, and assisted in improving the ethical environment in communities where officials have been subject to scrutiny due to public corruption scandals. We frequently consult with public officials on conflict issues and are expert in working with both the FPPC, and when required, the Attorney General's office on such matters. We have authored FPPC regulatory changes (small city exception).

After Carson endured a series of public corruption scandals resulting in public officials being convicted of bribery and extortion, our Firm was hired as city attorney. We immediately pursued litigation targeting those who benefited from the public corruption to return money taken from the city. In 2005, the Firm won, on a Motion for Summary Judgment (which has resulted in the published opinion of Carson Redevelopment Agency v. Padilla (2006) 140 Cal. App. 4th 1323), a Government Code § 1090 matter on behalf of City of Carson where a developer had paid $75,000 to receive an $850,000 loan from the City for a 30-year low-income housing project. The Court ordered the developer to disgorge the entire $850,000 benefit he received to the City with the City keeping the benefits of the 30-year low-income housing. The Court of Appeals affirmed the lower court’s decision and the California Supreme Court denied the developer’s cert for review.