Chris Micheli

California’s Labor Code Rarely Applies to the Public Sector  By Chris Micheli Many readers are not aware that the California Labor Code generally does not apply to public sector employers, including the state, counties, cities, and special districts. The Labor Code clearly applies to private employers. In most areas, however, the Labor Code is silent as to its application to public employers. While some have argued that the Labor Code’s provisions apply in all cases without any specific exemption for public employers, that is not the case. Instead, as a general rule, California courts have determined that the Labor Code does not apply to public entities unless they are specifically included in the language of a particular section. For example, in  Johnson v. Arvin-Edison Water Storage District , 174 Cal.App.4th 729 (Cal. Ct. App. 2009), the appellate court held that California’s Labor Code provisions governing daily overtime, meal periods, and payment of wages upon separation of e

Local Agencies Levying Fees  By Chris Micheli             On occasion, a reader may come across language in California legislation regarding the authority of local agencies to levy fees, thereby not requiring reimbursement by the state due to a state-mandated local program. In this type of bill, there is a disclaimer that reimbursement is not required. The following language would be found in the bill:   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.             Preceding this section of a bill is a legislative finding and declaration in a previous bill section. The following language would be found in the bill:   The Legislature finds and declares that Sections 65104 and 66

Four Actions by the Appropriations Committees on Suspense Measures  By Chris Micheli             Historically, there were three actions that the Assembly and Senate Appropriations Committees took on measures pending on their respective Suspense Files: Do Pass; Do Pass as Amended; or Hold in Committee. In recent years, a fourth action has been used to distinguish between two types of holding measures on Suspense: a “2-year bill.”             For bills that are not placed on the Suspense File in either house’s fiscal committee, there can be one of the following actions: Do Pass, Do Pass as Amended, Consent, or “28.8 to the Floor” (only in the Senate). In other words, if a bill does not reach the fiscal threshold for the Suspense File ($50K in the Senate and $150K in the Assembly), then a measure can be acted upon at that hearing and will be passed to the Floor by a majority vote of the committee members. Both fiscal committees pass bills as is, or pass them with amendments, or pass

Practical Tips for Working with Executive Branch Agency Staff  By Chris Micheli             In talking with staff from executive branch state agencies and departments the past few weeks, there are some practical tips that were shared with me for those working with the staff members of the Governor’s agencies and departments. While some of these recommendations may seem obvious, many of them bear repeating. The following are some of the suggestions shared with me these past few weeks: ·          Always identify the client you are engaging on behalf of. ·          It is important to engage early with the executive branch. For example, if you know you are going to run legislation on an item that will impact an agency or department, begin outreach in the Fall. Larger state agencies and departments may have hundreds of bills they are looking at during session and so early engagement will be helpful to you and the executive branch entity. ·          You should reach out directly to

More on Statutory Exemptions from the APA  By Chris Micheli             I have written in the past about the Legislature unfortunately creating statutory exemptions from California’s Administrative Procedure Act (APA), which governs the rulemaking activities of California’s more than 200 executive branch agencies, departments, boards, and commissions.   A fundamental purpose of both the federal and California Administrative Procedure Acts is to allow public participation in the federal and state rulemaking processes. This is where the executive branch of government engages in quasi-legislative activities by adopting rules and regulations to implement statutes passed by the legislative branch of government. Key to allowing public participation is, first, providing notice to the public of the proposed rulemaking and, second, an opportunity to be heard during that rulemaking procedure.   However, with any statutory exemption from the formal rulemaking process, that exemption pre

Looking Towards Suspense File Voting  By Chris Micheli             Of the 2,661 bills introduced during the 2023 California Legislative Session, there are 1,770 Assembly Bills and 891 Senate Bills. Of those, just over 74% are keyed “fiscal” by the Office of Legislative Counsel. This means that, if all of those nearly 2,000 bills passed one or more policy committees, they would be rereferred to the Senate or Assembly Appropriations Committee for a hearing. Naturally, not all of those measures passed out of their respective policy committees this year.             In addition, after a bill reaches the fiscal committee, an author could choose not to set a bill for hearing; the committee could choose not to hear the bill; a bill could be passed out of either committee with a Do Pass or Do Pass as Amended vote (prior to Suspense File because of little state cost); a bill could be passed out on the consent calendar; the Senate fiscal committee under Senate Rule 28.8 could move a bill to

Overview of the California Constitution – Article XI  By Chris Micheli             Article 11, dealing with local government, was added to the California Constitution by Proposition 2 on the June 2, 1970 ballot. This article contains the following fifteen sections: Section 1 provides that the State is divided into counties which are legal subdivisions of the State. The Legislature will prescribe uniform procedure for county formation, consolidation, and boundary change. Formation or consolidation requires approval by a majority of electors voting on the question in each affected county. A boundary change requires approval by the governing body of each affected county. No county seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal. In addition, the Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, an

Overview of the California Constitution – Article XVIII  By Chris Micheli             Article 18, dealing with amending and revising the constitution, was added to the California Constitution by Proposition 6 on the November 3, 1970 ballot. It contains four sections. Section 1 - The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may propose an amendment or revision of the Constitution and in the same manner may amend or withdraw its proposal. Each amendment shall be so prepared and submitted that it can be voted on separately. Section 2 - The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority vote yes on that question, within 6 months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected

Overview of the California Constitution – Article XXI By  Chris Micheli             Article 21, dealing with the redistricting of the senate, assembly, congressional, and board of equalization districts, was most recently amended by Proposition 11 on the November 4, 2008 ballot. It contains the following three sections: Section 1 states that, in the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, the Citizens Redistricting Commission must adjust the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts (also known as “redistricting”) in conformance with the standards and process set forth in this article. Section 2 specifies that the Citizens Redistricting Commission was created no later than December 31 in 2010, and in each year ending in the number zero thereafter. The section provides that the commission must (1) conduct an open and transparent process

Overview of the California Constitution – Article XXXIV  By Chris Micheli             Article 34, dealing with public housing, was added to the California Constitution by Proposition 10 that was adopted by the voters on November 7, 1950. This article contains the following four sections: Section 1 - No low rent housing project can be developed, constructed, or acquired in any manner by any state public body until a majority of the qualified electors of the local jurisdiction may approve such a project by voting in favor of it at an election to be held for that purpose, or at any general or special election. The phrases “low rent housing project,” “persons of low income,” “state public body,” and “Federal Government” are defined. Section 2 - The provisions of this Article are self-executing, but legislation not in conflict may be enacted to facilitate its operation. Section 3 - If any portion, section or clause of this article is for any reason declared unconstitutional or held

Overview of the California Constitution – Article XXXV  By Chris Micheli             Article 35, dealing with medical research, was added to the California Constitution by Proposition 71 that was adopted by the voters on November 2, 2004. This article contains the following seven sections: Section 1 establishes the California Institute for Regenerative Medicine. Section 2 provides that the Institute has the following purposes: (a) To make grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies, protocols, and/or medical procedures that will result in, as speedily as possible, the cure for, and/or substantial mitigation of, major diseases, injuries, and orphan diseases. (b) To support all stages of the process of developing cures, from laboratory research through successful clinical trials. (c) To establish the appropriate regulatory standards and oversight bodies for research and facilities development. S

Practical Tips for Working with Committee Staff  By Chris Micheli             In talking with committee staff the past few weeks, there are some practical tips that were shared with me for those working with the staff of the policy and fiscal committees in the California Legislature. While some of these recommendations may seem obvious, many of them bear repeating. The following are some of the many suggestions shared with me these past few weeks: Policy and Fiscal Committees ·          Timing is important. Make sure you talk with the consultant prior to them finishing their analysis for a bill, which is usually at least one week prior to the bill’s scheduled hearing. ·          Hearing from an advocate just days before a bill’s scheduled committee hearing does not leave much opportunity for the consultant to address any concerns or proposed amendments. ·          As Assembly and Senate committees have different deadlines and rules, be sure to check in with individual commi