Key Contacts
Eric Vail, Partner & Chair
Public Law Practice Group
Email: evail@bwslaw.com
Direct Dial: +1 951.801.6625
Related Practices
California City Attorney California Governmental Ethics California Public Transactions California Environmental LawFor nearly 100 years, Burke Williams & Sorensen attorneys have advised and represented public agency clients throughout California, earning stellar reputations for providing ethical, knowledgeable, and practical legal solutions across the full scope of municipal law. Our clients encompass all types of public entities including: the State agencies, counties, cities, school districts, special districts, and joint powers authorities. Burke’s municipal law capabilities and experience encompass rendering skillful day-to-day operational advice, managing complex transactions, and resolving challenging litigation and disputes.
Burke’s California municipal law attorneys team their expertise and applied knowledge in land use and planning; environmental compliance; public finance; labor and employment; public contracting; civil litigation, real estate project development, general agency governance, and ethics laws to deliver full range legal solutions. Key areas of Burke’s general municipal and public law practice are outlined below.
- Burke advises public agency clients on open meeting and agenda requirements, public noticing, and conduct of local officials, as well as the other governance provisions of the Brown Act. Because many Burke attorneys serve as primary legal counsel to public agencies, they are intimately familiar with how public commissions, boards, councils, and the other public entities in California need to openly and transparently legally comport themselves when deliberating the people’s business.
- The California Public Records Act (PRA) is one of the strongest public records access statutes in the U.S. Moreover, the Act is also one of the most complex to navigate. Records production can be burdensome and time consuming for public agency staff, as well as present nuanced interpretations of the Act that require expert guidance. Burke’s California municipal attorneys are experts in ensuring public agency clients meet the public transparency requirements of the PRA, while also protecting disclosure of the records that are covered by various privacy protections. We effectively handle thousands of Public Records Act requests on behalf of its clients each year.
- Legislative acts by public agencies, like the passage of ordinances and resolutions, are the foundation of every agency’s operations. Burke attorneys have diversified experience in drafting and reviewing all manner of public agency ordinances and resolutions, including those associated with complex and controversial topics, such as rent control, cannabis regulation, local zoning restrictions, and more. Additionally, Burke specializes in helping public agencies adopt urgency legislation such as declarations of local emergencies.
- Burke’s California municipal law attorneys have expertise with both agency-sponsored and citizen-initiated amendment and referendum matters. They have assisted many cities in navigating the complex procedural requirements of the California Elections Code. This advice also includes working closely with City Clerks to ensure they meet their legal obligations when acting as local elections officials.
- Burke attorneys have extensive experience advising public agency clients with imposing or increasing fees, assessments, or taxes, whether under the Mitigation Fee Act, the various Assessment District statutes, the Mello-Roos Community Facilities District Law, or Propositions 218 and 26. Additionally, Burke has advised many agency clients with assessment district proceedings under various California statutory assessment district schemes.
- Carrying out the City Attorney’s role is necessarily broad-reaching and requires an attorney with experience in every aspect of California municipal law. The City Attorney’s foremost role is to represent the City Council, but also entails legal representation of all City Departments, including Public Works, Planning and Community Development, Parks and Recreation, Finance, Police, Fire, City Clerk, Human Resources, and Information Technology. Burke city attorney/general counsel practice team members often serve as City Attorney for multiple cities throughout California. Burke has more than 30 former in-house City Attorneys. We also serve as general counsel to more than 200 special districts, counties, and school districts across the state. We work closely with legislative bodies, elected officials, city/district managers, and other public officials and staff to provide legal guidance and representation for all aspects of municipal law including land use and zoning; public contracting and procurement; environmental compliance, real estate, labor and employment law; civil litigation; and a multitude of other issues affecting local governance.Burke’s city attorney team members play vital day-to-day roles in protecting local governments by advising clients regarding governance; ethical conduct; and other essential elements of public service. We advise on legal matters regulating government operations in accordance with ethical and legal standards including the Brown Act, the Public Records Act, the Political Reform Act and Government Code section 1090. Burke’s city attorney practice team frequently provides ethics training to elected city council and board members, appointed officials, and staff to ensure that everyone within the agency understands existing law or is aware of new laws affecting their work. Additionally, we advise on and draft contracts, ordinances, and resolutions. We also provide legal representation in litigation, administrative proceedings, and other disputes.
- Burke’s California municipal law attorneys also serve as general counsel to more than 200 special districts, counties, and school districts across the state. We work closely with legislative bodies, elected officials, city/district managers, and other public officials and staff to provide legal guidance and representation for all aspects of municipal law, including land use and zoning; public contracting and procurement; environmental compliance, real estate, labor and employment law; civil litigation; and a multitude of other issues affecting local governance.
- Burke government ethics attorneys are critical in ensuring that government officials and their respective agencies place loyalty to the City Council or Governing Board, pertinent laws and regulations, and ethical principles above private gain. They offer counsel on reducing the conflict of interest challenges for officials and agencies alleging impropriety or corruption. Burke government ethics attorneys’ overarching mission is to safeguard trust in government. Whether elected, appointed, or hired, good governance depends on officials and staff being well educated on and faithfully pursuing the duties and responsibilities of being a public servant, as well as applicable laws, requirements, and best practices for quality government.Burke government ethics attorneys often advise on installing ethical practices in government operations, including drafting and interpreting legislation, developing and implementing policies and procedures, and providing legal representation in litigation and other disputes. At the core of this counsel is providing public official training on ethics in government and prevailing conflict of interest laws. Burke government ethics attorneys specialize in advising on Government Code Section 1090, the Political Reform Act, Campaign Regulations, AB 1234 Ethics Training, and other ethics laws. We have also drafted hundreds of requests for advice to the Fair Political Practices Commission on behalf of public officials seeking guidance on potential conflicts. Compliance with the state’s myriad ethics laws is critical, as they provide the foundation for trust and transparency in local government.
- Burke special districts general counsel attorneys provide legal advice and representation to more than 200 special districts in California. These independent public entities are responsible for providing specific public services, such as water, sewer, fire protection, or healthcare. We work with district boards and staff to provide legal guidance and representation on a wide range matters including regulatory compliance, governance, contract negotiations, and other legal issues that affect special districts.Burke special district general counsel attorneys play crucial roles to help ensure that special districts comply with applicable laws and regulations and operate in accordance with ethical and legal standards. We advise on legal matters governing government operations, including drafting and interpreting legislation, developing and implementing policies and procedures, and providing legal representation in litigation and other disputes. Training, legal research and analysis, and practical solutions to complex problems are all part of our special districts practice.
- Burke public transaction attorneys advise and represent government entities with complex financial transactions including: bond and special tax issues, public-private partnerships, and other types of public project financing. We advise public agencies on structuring and executing financing transactions that support public infrastructure projects and initiatives, while ensuring compliance with applicable federal and state laws and regulations.Burke public transaction attorneys play critical roles in counseling public agencies on securing funding needed to finance infrastructure projects, public works projects, and other public program initiatives. The scope of this advice may include: bond structuring, disclosure requirements, tax considerations, and other public finance issues.Our team provides advice on a broad range of real estate transactions, including development agreements, real estate financing, commercial leasing transactions, ground leases, formation of public-private partnerships, real property sales, easements, condemnation, and many other transactional development-related matters.We also draft, negotiate and review every kind of agreement that our public entity clients need, including construction and service contracts, agreements for real estate purchases, development and lease transactions, easements, licenses, encroachment permits, access agreements and public financing documents.
Burke’s public law litigators have extensive experience and a long track record of successful representation of cities, counties, and special districts in a multitude of forums. including arbitration panels; state and federal courts; and administrative agencies and boards throughout the state. Burke’s experience ranges from simple contract disputes to complex land use writs and all matters in between.
Litigation Prevention
A central feature of Burke’s public agency litigation practice is litigation prevention. To achieve that goal, attorneys routinely advise clients on proactive steps to reduce litigation risk to minimize legal costs and achieve the client’s operational goals. We do this by identifying potential areas of liability, advising on contract terms, reviewing policies and practices, and offering strategies to anticipate litigation. Burke public agency litigation attorneys also seek to resolve disputes through mediation, arbitration, and informal negotiated settlement.
Because so many Burke attorneys also serve as City Attorney or General Council for public agencies throughout the state, Burke’s public agency litigators keep a close eye on the need for public agencies to always act in service of the public interest and effectively communicate with their constituents. To that end, our public agency litigators successfully interact with the media, legislators, community groups, and other public agencies as part of their litigation strategy.
Litigation
When prevention strategies are unsuccessful, our public agency litigators have decades of experience representing clients in the courtroom and in front of regulatory agencies. Our attorneys have litigated cases in all California state courts, at both the trial and appellate levels. They also routinely represent clients in federal District Courts and federal Courts of Appeals and have experience at the United States Supreme Court. In addition, our public agency litigators regularly represent clients before regulatory agencies.
Subject Matter Expertise
Burke public agency litigation attorneys counsel and represent clients in most disputes that come up for municipal clients. These areas include:
- Government Ethics and Transparency, including the Brown Act, the California Public Records Act, and the Political Reform Act
- Land use, including with respect to residential, commercial, industrial, and mixed-use projects, affordable housing projects, and General Plan (including Housing Elements) and zoning updates
- Environmental Compliance including California Environmental Quality Act (CEQA), National Environmental Protection Act (NEPA), and other environmental regulatory frameworks)
- Eminent Domain
- Inverse condemnation., including physical takings, regulatory takings, and exaction issues that related to land use and other public agency decisions
- Municipal Finance disputes, including Proposition 13, Proposition 218, and Proposition 26, with respect to taxes, assessments, and fees
- Public contracting, bid disputes, and other construction related disputes
- Code enforcement
- Constitutional and other challenges to ordinances
- Election related issues, including initiatives and referenda
- Environmental disputes, including hazardous materials cleanup and toxic torts
- Water rights and water quality
- Civil rights and constitutional claims, including equal protection and due process
- Labor and employment
- Torts
Consult the Burke California Municipal Law Team
California municipal law is what Burke Public Law practice group members passionately and expertly advise on every day. We believe in not just implementing our clients’ goals and objectives, but doing so in a practical manner that helps preserve the public’s trust in government and maintains the democratic process. Contact the Burke California Public Law team today to experience our proven commitment to supporting excellence in public agency performance for yourself.