Final quiz

Answer: Not allowed. A council can stop disruption, but not criticism of its members' votes.

A council can't ban "personal attacks" during public comment. The Brown Act bars prohibiting criticism of the body's acts, and a member's vote is one of them. Disruption, not criticism, is what a council may stop. A rule that treats everyone alike is still invalid if what it bans is criticism.

From this lesson: “Disruption, not criticism, is what a council may stop.” Lesson 1: First Amendment: Religion, speech, press, assembly and petition

Answer: They may still be public records. What counts is that they're about city business.

In City of San Jose (2017), the California Supreme Court held that when a city employee uses a personal account to communicate about public business, the writings may be subject to disclosure under the Public Records Act. And you never have to say why you want a record.

From this lesson: “when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act” Lesson 2: California Article I (part 2): Speech, petition, open government and religion

Answer: A decision on whether it has disclosable records, or a written extension notice

The Public Records Act requires a determination within 10 days: does the request seek disclosable records? The agency can extend that "in unusual circumstances" by written notice. Ten days is the deadline to decide, not always to hand everything over. And there are no limits on access based on why you want a record.

From this lesson: “The CPRA: a right to inspect, copies for direct cost, a 10-day determination, and no questions about why you want it.” Lesson 12: From constitution to statute: the laws that carry your rights into City Hall

Answer: Yes, under Harper and the Fourteenth Amendment.

The Twenty-fourth Amendment's text covers only federal elections. For state and city elections, Harper (1966) bars any wealth or fee requirement under the Fourteenth Amendment. So a resident behind on a utility bill can still vote on council races and local tax measures.

From this lesson: “For state and city elections, *Harper* (1966) bars any wealth or fee requirement under the Fourteenth Amendment” Lesson 5: Twenty-fourth Amendment: No poll taxes in federal elections

Answer: Only if the council declares an emergency by a unanimous vote

A general tax needs a majority vote, and the election must be held with a regular council election unless the council declares an emergency by a unanimous vote (§2(b)). The vote needed stays a majority either way. (Upland held this timing rule binds local governments, not citizen initiatives.)

From this lesson: “General tax: majority vote, at a regular council election unless there's a unanimous emergency declaration (§2(b)).” Lesson 22: California Article XIII C: Voter approval for local taxes (Proposition 218)

Answer: No vote is needed, but the fines are still limited by the excessive fines clauses.

"Tax" means almost any charge a local government imposes, minus seven exceptions. A fine or penalty "imposed ... as a result of a violation of law" is one (§1(e)(5)). So fines set by resolution don't trigger the vote rules, but they're still limited by the federal and state Excessive Fines Clauses.

From this lesson: “Fines and penalties for violating the law are one exception (§1(e)(5)).” Lesson 22: California Article XIII C: Voter approval for local taxes (Proposition 218)

Answer: The council can adopt it. Water rates need no election, and 40% isn't a majority.

A new or higher property-related fee fails if written protests come from a majority of owners of the identified parcels (§6(a)). Spoken objections don't count toward that. Water, sewer and refuse fees skip the separate election that other property-related fees need (§6(c)). The fee still can't bring in more than the service costs (§6(b)).

From this lesson: “Water, sewer and refuse fees skip the separate election; others need one (§6(c)).” Lesson 23: California Article XIII D: Assessments and property-related fees (Proposition 218)

Answer: A way to dispute the bill and a hearing before someone who can fix errors

Under Memphis Light v. Craft, before shutting off service for nonpayment, the city must give notice that explains how to dispute the bill and a chance to be heard by someone with authority to fix errors. Due process applies to any government deprivation, not only in court. But it calls for a fair process, not necessarily a trial.

From this lesson: “before shutting off service for nonpayment, the city must give notice that explains how to dispute the bill and a chance to be heard by someone with authority to fix errors” Lesson 29: Fourteenth Amendment: Citizenship, due process and equal protection

Answer: Walking around to the back yard to look for violations

What's in plain view from a public place isn't a search. Walking up to the door is allowed under the implicit license; walking around the back yard isn't. The yard right around a house (curtilage) is protected, and code inspectors need consent or a warrant to enter protected areas (Camara).

From this lesson: “Allowed under the implicit license; walking around the back yard isn't” Lesson 15: Fourth Amendment: Searches, seizures and warrants

Answer: The total is grossly disproportional to the harm, even if each day's fine is fair.

The Excessive Fines Clause binds cities (Timbs), and it covers civil penalties that punish. A fine is excessive if it is "grossly disproportional to the gravity of the offense." A fine that's reasonable per day can become excessive in total, so courts look at the total imposed on this person for this harm, not at a dollar line.

From this lesson: “A fine that's reasonable per day can become excessive in total.” Lesson 19: Eighth Amendment: Bail, fines and punishment

Answer: Inverse condemnation under §19; she should file a claim with the city promptly.

California's §19 covers property "taken or damaged" for public use. Physical damage caused by a public improvement as designed is compensable, foreseeable or not (Albers). If a city sewer, storm drain or street project damages your property, inverse condemnation is the claim, and government claim deadlines apply.

From this lesson: “Physical damage caused by a public improvement as designed is compensable, foreseeable or not” Lesson 33: California Article I (part 4): Property, fishing, and the full section map

Answer: A written claim to the city within six months

The Eleventh Amendment protects the State of California, not the City of Williams. But before suing a public entity for money on most state-law claims, you first present a written claim. For injury to a person or to personal property, like a car, it's due "not later than six months after the accrual of the cause of action"; most other claims get one year (Gov. Code §911.2).

From this lesson: “not later than six months after the accrual of the cause of action” Lesson 57: Eleventh Amendment: Suits against states

Answer: She keeps applying it. A resident who agrees can challenge it in court.

In Lockyer (2004), local executive officials "lacked authority" to stop enforcing a state statute on their own constitutional view. A city officer still enforces it until a court rules. Residents can challenge the statute in court; that's the route Lockyer leaves open.

From this lesson: “A city officer facing a state statute they think is unconstitutional still enforces it until a court rules” Lesson 60: California Article III: The State, separation of powers, and who may refuse a statute

Answer: The old one, since a criminal penalty can't be raised after the fact

Neither Congress nor a state can pass an ex post facto law, and a city acts with state power, so the limit reaches it. If the council raises the penalty for a code violation, the higher penalty can't be applied to a violation that happened before the change, to the extent the penalty is criminal (misdemeanors and infractions). Civil fees and administrative charges are analyzed differently.

From this lesson: “the higher penalty can't be applied to a violation that happened before the change” Lesson 46: Article I, Sections 9–10: What Congress and the states may not do

Answer: The State licenses its alcohol sales; the city mainly decides where it can operate.

California's constitution gives the State "the exclusive right and power to license and regulate" alcohol (Art. XX, §22). A bar in Williams is licensed by the State, not the city. The city's role is land use: cities generally regulate where businesses can operate through zoning and permits. Repeal handed the question back to the states, not to cities.

From this lesson: “Cities generally regulate where businesses can operate through zoning and permits” Lesson 38: Twenty-first Amendment: Repeal of Prohibition

Answer: The former owner who lost the home

In Tyler v. Hennepin County (2023), a county sold a condo over a tax debt of about $15,000 and kept the $25,000 surplus. The Supreme Court said "A taxpayer is entitled to the surplus in excess of the debt owed." Government can't keep more than it's owed in a tax sale. Proper notice doesn't change that.

From this lesson: “"A taxpayer is entitled to the surplus in excess of the debt owed."” Lesson 68: The cases behind the rights, and where to read the originals