Posts tagged with: "Municipal+Law"
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8 Nov 2012, 1:24 pm by D. Daxton White
It used to be that municipal bonds were one of the safest investments that a financial advisor could recommend to a client, and were often utilized by retired investors looking for a safe way to generate income in retirement.  Unfortunately, the heyday of muni bonds appears over and any financial advisor not adequately disclosing the risks of municipal bonds is doing so negligently.  There is simply too much information out there in the media and too many negative warning signs for a financial… [read post]
4 Apr 2012, 7:19 am by D. Daxton White
The Securities and Exchange Commission recently issued a Risk Alert on compliance measures to help broker-dealers fulfill their due-diligence duties when underwriting offerings of municipal securities. The alert issued by the SEC’s Office of Compliance Inspections and Examinations (OCIE) notes that in recent years there has been significant attention focused on the financial condition of some state and local governments, and cites concerns about the extent of written documentation by… [read post]
4 Apr 2012, 7:32 am by D. Daxton White
Have you suffered investment losses in a Harrisburg, Pennsylvania municipal bond?  If so, The White Law Group may be able to help you recover your losses through FINRA arbitration. Harrisburg’s insolvent capital missed its general-obligation bond payments for the first time as its receiver seeks approval for a plan to sell assets. According to reports, Harrisburg, carrying a debt load of more than five times its general-fund budget, missed $5.27 million in bond payments due March 15 on $51.5… [read post]
14 Dec 2010, 11:37 pm by Sean Hecht
UCLA Law’s Evan Frankel Environmental Law and Policy Program is hosting a symposium about local government land use law on February 11, 2011.  This event, Local Agencies on the Cutting Edge – Emerging Challenges to Local Land Use Authority: Proposition 26, the Public Trust Doctrine, RLUIPA, and Takings Law, will focus on issues of practical importance to lawyers and policymakers who care about local governments’ role in environmental and land-use regulation.  The focus on municipal land-use… [read post]
10 Sep 2012, 5:47 am by Cari Rincker
I know what you’re thinking.  This is probably some ridiculous nuance in the law that only attorneys would enjoy opining on.  However, I think Dillon’s Rule vs. Home Rule is an important concept to review on this blog – so stick with me.  I promise to make it as painless as possible…. I was recently reviewing Harvard Food Law & Policy Clinic’s publication titled “Good Laws, Good Food: Putting Local Food Policy to Work for Our Communities” (July 2012).… [read post]
16 Jan 2012, 8:18 pm by kjr32
By Stephanie Goutos, Albany Government Law Review I. Introduction On October 11, 2009, an intoxicated Carmen Huertas got into her vehicle and began to drive seven young children to a slumber party.[1]  Manhattan District Attorney Robert Morgenthau would later report … Continue reading ? [read post]
10 Apr 2014, 2:36 am by legalinformatics
Dazza Greenwood of MIT Media Lab, the MIT computational legal science research group, New York City Council Member Ben Kallos, and Thom Neale say they have begun a project to create a free and open version of the New York City Legal Code. They are holding a Google + Hangout to discuss this project on 17 April 2014. Here is the description of the project, from the hangout page: Collaboration With MIT Media Lab #LegalScience Team and New York City Council Member Ben Kallos in Support of Kallos’… [read post]
1 Jul 2011, 5:51 pm by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law "Safe and Sane" fireworks are legally sold in the City of San Bernardino. All fireworks are generally prohibited above the 210 Freeway in San Bernardino and near Perris Hill. The City of San Bernardino Fire Department has a map and information about fireworks in this brochure. Of course, all fireworks not approved by the State Fire Marshal are illegal in California. Misusing legal fireworks (for example, making bottle rockets) is illegal in San Bernardino. The San… [read post]
24 Sep 2011, 7:34 am by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law When I was a Deputy City Attorney in San Bernardino and the Assistant City Attorney for the City of Redlands, many of the code sections I prosecuted were alternate misdemeanors/infractions, also known as wobblettes to distinguish them from alternate felony/misdemeanors, which are known as wobblers. Usually, the code section will designate punishment and note if the charge is an alternate misdemeanor/infraction, or a code will have a general penalty section.… [read post]
10 Nov 2012, 4:17 am by Charles Rowland
One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver’s license.  “Points” under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations: 6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk… [read post]
19 Sep 2011, 10:40 am by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law The City of San Bernardino City Clerk's Office is currently responsible for maintaining and updating the Municipal Code. While, as I discussed before, the online municipal code is not authoritative, and should not be relied on, good government dictates that cities maintain a fairly up-to-date online municipal code. Yet, as of the date of this post, the online City of San Bernardino Municipal Code was last revised on November 2, 2009. This may not be the number one… [read post]
3 Aug 2011, 3:19 pm by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law The first week of law school, if not the first day, my Legal Research and Writing instructor at Santa Clara University School of Law JoLi Schunk, taught me to always check the pocket part. Bound legal publications, such as the United States Code Annotated consist of a bound book with a pocket in the back. The pocket contains the pocket part. The pocket part is a soft bound packet, varying in thickness, that has updates from the bound version. "Always check the… [read post]
31 Jul 2011, 6:10 pm by kjr32
By Diana Filkins, Albany Government Law Review Class of 2011 On Saturday, March 12, a bus returning from the Mohegan Sun Casino in Connecticut flipped on its side on a busy highway in the Bronx.[1]  It continued to slide until … Continue reading ? [read post]
7 Oct 2011, 4:34 am by Dianne Saxe
The Québec Court of Appeal has struck down a municipal bylaw banning the spreading of sludge, on the ground that it exceeds the municipality’s jurisdiction. In Ferme l’Evasion c. Elgin, the Québec Superior Court had upheld a municipal bylaw banning the spreading of all sludge. s. 52 of the Québec Municipal Powers Act, specifically authorizes municipal bylaws that prohibit the spreading of “manure, sludge or residues from pulp and paper mills”.  The trial judge had… [read post]
26 Sep 2011, 10:55 am by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law This weekend, joint James F. Penman for City Attorney and Amelia Sanchez-Lopez for City Clerk signs popped up in San Bernardino. Are there any issues in having joint signs? I cannot remember a specific race that I can point to where there have been joint campaign signs, though a web search shows that they exist in other jurisdictions. In local, non-partisan races, I can see such a move to be beneficial when a group of candidates want to run together as a reform… [read post]
3 Jul 2012, 10:52 am by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law Happy Independence Day! “Safe and Sane” fireworks are legally sold in the City of San Bernardino.  All fireworks are generally prohibited above the 210 Freeway in San Bernardino and near Perris Hill.  The City of San Bernardino Fire Department has a map and information about fireworks in this brochure.   Of course, all fireworks not approved by the State Fire Marshal are illegal in California.  Misusing legal fireworks (for example, making bottle rockets)… [read post]
30 Jun 2011, 11:32 am by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law When I was a Deputy City Attorney for the City of San Bernardino, a frequent complaint to code enforcement by residents, city staff, and elected officials, was yard sales in violation of the San Bernardino Municipal Code. Since I was Deputy City Attorney, the ordinance has been changed. As of this post, the blurb on the City of San Bernardino's website says: "GARAGE/YARD SALE You are allowed to have a yard sale on the 3rd weekend of every month ("weekend" means… [read post]
13 Dec 2011, 12:38 pm by Michael Reiter, Attorney at Law
By Michael Reiter, Attorney at Law. Many cities in California have shifted away from hearing boards for administrative hearings and hired hearing officers to hear appeals of administrative citations, administrative actions, and administrative civil penalties.  Here are some general, common sense rules to follow when appearing before a hearing officer. 1. Be prepared.  Bring all the relevant information, including current photographs, and any witnesses on your behalf.  Draft an outline of remarks… [read post]
5 Mar 2012, 7:17 am by D. Daxton White
Morgan Stanley & Co. LLC (CRD #8209, New York, New York) recently submitted a Letter of Acceptance, Waiver and Consent in which the firm was censured and fined $40,000. Without admitting or denying the findings, the firm consented to the described sanctions and to the entry of findings that in connection with transactions involving the purchase of a municipal gas bond, the firm failed to disclose to customers certain prior ratings information related to that security at or before the time of… [read post]
26 Jan 2010, 4:27 am by Dianne Saxe
The Québec Superior Court has upheld the right of a municipality to ban the spreading of sewage sludge on agricultural land. In Ferme l’Evasion c. Elgin, the farmer wished to use sewage sludge to supply the missing phosphorus and other essential elements for its crops. The proposed application was acceptable to the Québec Ministry of the Environment and was supported by qualified economists. However, the municipality passed a bylaw prohibiting the use of sewage sludge and de inking residues on… [read post]