5/22/2010
Deborah Caplan addresses League of Women Voters
Olson, Hagel & Fishburn partner Deborah Caplan recently addressed the Sacramento Chapter of the League of Women Voters on the recent U.S. Supreme Court decision in Citizens United v. Federal Elections Commission which struck down the federal law prohibiting union and corporate independent expenditures in connection with federal elections. Caplan explained the impact of the decision on campaign finance laws, particularly in California.
5/20/2010
Major Education Funding Lawsuit Filed by Olson, Hagel & Fishburn
On Thursday, May 20, 2010, a coalition of students, parents, school districts, and education associations brought suit against the State of California alleging that the current education finance system is unconstitutional and that the State is required to establish a system that provides all students an equal educational opportunity. Olson Hagel & Fishburn LLP represents the California School Boards Association, the Association of California School Administrators, the California State PTA and the nine school districts throughout the State.
"California is currently not providing the system of schools required by the constitution because its system for financing education is completely disconnected from the costs of the State's educational program and from the needs of California's children," stated Attorney Deborah Caplan, speaking at a press conference in Sacramento. Caplan, who is a partner with Olson Hagel & Fishburn, also spoke of the daunting odds school districts face, with California ranked virtually at the bottom of all 50 states in terms of the ratios of teachers, counselors, nurses, administrative staff, computers and many other critical education resources.
The lawsuit has received statewide coverage, some of which can be heard here [http://www.scpr.org/news/2010/05/20/k-12-advocates-sue-california-failing-fund-educati/] or read here [http://www.sacbee.com/2010/05/21/2766758/education-coalition-sues-california.html]. For more information, please visit www.fixschoolfinance.org.
5/14/2010
FPPC Revamps Gift Rules
The FPPC has recently made significant regulatory changes regarding what constitutes a gift and how gifts are valued. Many long-standing rules have been significantly amended or eliminated all together. For example, free admission, refreshments and travel provided in connection with a speech, panel or seminar is now a reportable gift subject to limits. If you plan to make gifts to public officials, or want to learn more about these regulatory changes, you should review our memorandum explaining these new rules available here.
4/28/2010
Injunction of State Board of Education's Eighth Grade Algebra Requirement Upheld by Court of Appeal
In July 2008, the California State Board of Education adopted a requirement that all students throughout the state take algebra by eighth grade. Members of the education community retained Olson, Hagel & Fishburn to bring a legal challenge to the action. In January 2009, the trial court granted plaintiffs' request for a preliminary injunction, finding that the meeting was not properly noticed under the Bagley-Keene Open Meeting Act and that the State Board did not have authority to impose the eighth grade algebra requirement. After an appeal by the State Board, in April 2010, the Third District Court of Appeal affirmed the injunction in its entirety.
Deborah B. Caplan, a partner at Olson, Hagel & Fishburn, led the litigation efforts on behalf of the California School Boards Association and the Association of California School Administrators.
3/26/2010
Local Lawyers Join Forces to Collect Food for the Hungry
Richard Miadich: Olson, Hagel attorney and co-chair of Food from the Bar.
The Sacramento Business Journal reports that local lawyers are teaming up with Sacramento Food Bank and Family Services from April 19 to May 14 to fight hunger in the Sacramento region. The effort is headed up by Olson, Hagel & Fishburn LLP senior associate Rich Miadich who serves as co-chair. "As lawyers, we have a special public trust to provide service that goes beyond access to the court and some service pro bono," said Miadich. "Food from the Bar resonates with what lawyers can and should be doing." Founded in 1976, Sacramento Food Bank and Family Services seeks to assist those in need and move them toward self-sufficiency and financial independence.
1/21/2010
Judge Removes Strong Mayor Initiative from Ballot
On January 21, 2010 Sacramento Superior Court Judge Loren McMaster ruled that Sacramento Mayor Kevin Johnson's Strong Mayor Initiative constituted a revision of the city charter and such revisions cannot be proposed through the initiative process. The judge issued a preliminary injunction preventing the City Clerk from placing the matter before the voters. The lawsuit was brought by Sacramento labor leader Bill Camp who was represented by Lance Olson and Richard Miadich of Olson, Hagel & Fishburn. "The ruling affirms what we have argued all along," said Lance Olson, lead attorney for the plaintiff in the lawsuit. "The voters may revise the city charter, but it must be done lawfully and through an open and inclusive process."
1/21/2010
Citizens United Case
The United States Supreme Court issued a decision in Citizens United v. Federal Election Commission in a rare special public session which reflects the gravity of the decision particularly with respect to Federal elections. The major holding in the Citizens United case is that the Court invalidated the Federal law which prohibits corporations from making independent expenditures in Federal campaigns. The practical effect of the decision is that both labor unions and corporations are not prohibited from making independent expenditures in Federal elections, something they were not permitted to do prior to the decision.
Given that it is so recent, it will take some time to fully digest the implications of the decision. However, there is no doubt that the Court's decision will significantly impact Congressional and Presidential campaigns. Given that Senator Boxer is up for re-election in California this year, it may very well be that we will witness the effect of the Citizens United opinion here first-hand.
12/28/2009
Deborah Caplan certified as Appellate Law Specialist
Olson, Hagel & Fishburn partner Deborah Caplan was recently certified as an appellate law specialist by the California Bar Association Board of Legal Specialization. In order to obtain certification as an appellate specialist, an attorney must demonstrate substantial experience in handling appellate briefs and oral arguments and must pass a challenging written examination. There are less than 300 appellate specialists in the State.
12/17/2009
"Enhancing Public Retiree Pension Plan Security: Best Practice Policies for
Trustees and Pension Systems"
Chris Waddell, head of Olson Hagel & Fishburn's Public Retirement Law practice, has authored a report on public pension fund governance best practices for the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME), a longstanding client of the firm. The report, entitled: "Enhancing Public Retiree Pension Plan Security: Best Practice Policies for Trustees and Pension Systems," serves as a roadmap for improving public pension plan governance. The report reviews best practice policies and recommends policy language for pension systems to adopt with a focus on trustee responsibilities, education, core competencies and ethical and fiduciary conduct. A copy of the report is available at www.afscme.org/pensions.
12/2/2009
Union Leaders Sue to Invalidate Sacramento Strong Mayor Initiative
Lance Olson speaks at press conference announcing filing of lawsuit to remove the Strong Mayor Initiative from the ballot.
On December 2, 2009 Bill Camp, head of the Sacramento Central Labor Council filed suit in Sacramento Superior Court challenging the constitutionality of the Sacramento Mayor Kevin Johnson's Strong Mayor initiative. The lawsuit alleges the initiative violates the California Constitution which does not permit the revision of a city charter through the initiative process. Speaking at a news conference, Lance Olson, attorney for the union leaders, explained that the Mayor and proponent of the initiative had not followed the correct legal process for revising a city charter. "Any major changes to the Charter such as are proposed by the Strong Mayor Initiative must be done through a deliberative and open process—either by the City Council holding public hearings or through an elected charter commission operating in the open," explained Olson. "The Charter cannot be revised through a process where those with a private agenda and behind closed doors draft a new Charter and then present it directly to the voters. Such a process is not deliberative nor open as required by the State Constitution."
11/11/2008
Election Day Revisited – One Week Later and Multiple Elections Still Up for Grabs
by Chris Meagher
Olson, Hagel attorney Richard Rios participates in Santa Barbara vote canvass.
Most of Santa Barbara County's offices were closed for Veterans' Day. But at only 8:45 a.m. today, the county's election ballot-counting headquarters at the corner of Anacapa and Figueroa streets was bustling.
Three men sat outside with a stack of boxes of ballots, waiting to take them to the second-floor space filled with counting machines, computers, and yet more ballots. Upstairs, County Clerk-Recorder Joe Holland was giving a tour to a school field trip on one side near a handful of workers who were removing vote-by-mail ballots from their green envelopes. On the other side of the warm, stuffy room, one man was running ballots through a counting machine while three workers were duplicating ballots for people who had submitted ballots from overseas. There would be no holiday for these people.
Nor would there be a holiday for a group in the middle of the room - representatives dispatched by both the California Democratic and Republican parties who were ready to resume overseeing signature inspections on vote-by-mail ballots to make sure their candidates for the 19th Senate District, Democrat Hannah-Beth Jackson and Republican Tony Strickland, were getting a fair shake. The already tedious process has been considerably slowed by the observers-one team of two election workers verifying signatures had only gotten through four ballots in roughly 30 minutes of work. Two of those were challenged. In fact, dozens of votes have thus far been challenged, Holland said.