Chris Micheli

Who Is Exempt from Civil Service in California?  By Chris Micheli             In Article VII of the California Constitution, which deal with public officers and employees in this state, the civil service system is established. Section 1 of Article 7 states that “the civil service includes every officer and employee of the State except as otherwise provided in this Constitution.” In addition, “in the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination.”             While the vast majority of employees of the State of California are in the civil service system, there are some who are not. Section 4 of Article 7 sets forth the following thirteen categories of individuals who are exempt from civil service: ·        Officers and employees appointed or empl...

Some Notes on Bills Declaring Existing Law  By Chris Micheli As we near the end of the California Legislative Session, we see more bills that claim to make changes to statutes, and those amendments are claimed to be "declaratory of existing law." How is that done and how do California courts view those types of legislative proclamations?             To begin, in most instances, legislation applies prospectively, meaning after the law has been enacted and takes effect. Nonetheless, there are times when the Legislature desires statutes to be applied retroactively, and sometimes they also specify a prospective application date.             The following is an example of specific language contained in a bill that is intended to apply retroactively:   The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10...

What Is an “Organic Law”?  By Chris Micheli             In Article XI (dealing with local governments) of the California Constitution, Section 9(b), the term “organic law” is used. Section 9(b) states: “(b) Persons or corporations may establish and operate works for supplying those services upon conditions and under regulations that the city may prescribe under its organic law.” What is an organic law?             You may not be surprised to learn that this term is not used anywhere else in the state Constitution; nor is this term defined in the California Constitution. However, it is used in two state statutes.             In Code of Civil Procedure (CCP) Section 1895 (which was enacted in 1872, it states: “Laws, whether organic or ordinary, are either written or unwritten.” In CCP Section 1897 (also enacted...

Some Notes on the Use of Legislative History in California  By Chris Micheli When interpreting ambiguous statutes in California, the courts of this state may examine the legislative history of an enacted statute in order to try and effectuate the intent of the Legislature. In such a case, it is important for legislators, staff, and interest groups to better understand the need to provide adequate legislative history. We begin with “what is cognizable legislative history”? The courts of this state generally follow the Third District Court of Appeal decision, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26. Basically, cognizable legislative history, which are acceptable documents in California, refers to documents that shed light on the collective view of the Legislature as a whole. As a result of the Kaufman decisions, state courts use these materials to interpret ambiguous statutes, but exclude subjective statements, such as t...

Why Do We Say August 31 Is the Last Day of Session?  By Chris Micheli In this second (even-numbered) and final year of the biennial session of the California Legislature, everyone is focused on Monday, August 31, as the last day before final adjournment. Where does the August 31 deadline in the second year of session come from? Yes, it is in the Joint Rules (JR 51(b)(3) says the Joint Recess begins on September 1). But the actual basis for this date is from the California Constitution. However, if you check the Constitution, especially Article IV on the Legislature, you will not find the date, August 31. Instead, you will find that the Legislature is prohibited from considering any bill on or after September 1 (which begins Tuesday at 12:01am), with five specified exceptions. However, those five categories of bills amount to only a handful of bills. As a result, midnight on August 31 is the practical deadline for the Legislature to conclude its work for the 2026 Session. Wh...

The Life Cycle of a California Regulation  By Chris Micheli             This article is intended to provide a step-by-step instruction detailing how a regulation becomes effective in the California rulemaking process. Rulemaking Bodies             To begin, California has over 200 State agencies, departments, boards, and commissions (referred to as rulemaking bodies) that make public policy through their authority to adopt regulations. A list of State agencies that have adopted regulations can be found on the website of California’s Office of Administrative Law (OAL), which is found at www.oal.ca.gov . What a Regulation Can Do             A regulation can be added, amended, or repealed. Regulations are found in the California Code of Regulations (CCR), which is organized under various subject matter titles, of...