RESTRICTION TO INDEPENDENT COUNCIL

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No Right To Independent Counsel Beyond Statutory Provisions The County of San Diego has succeeded in establishing important law on a public entity's duty to provide independent counsel for employees charged with ille- gal conduct. At issue was the county's obligation to provide such counsel in a case involving police misconduct; the vic- tims sought both compensatory and punitive damages. The court examined -the statutory scheme governing indem- nification and defense of public employ- ees and concluded the statutory scheme adequately protects the rights of public employees to a defense and indemnifica- tion. See Cal. Gov't Code §§ 825 et seq., 995 et seq. The court then noted "there is no room and no need for ajudicially- declared right to independent counsel of the Cumis variety. So broad an exten- sion of existing law would be a matter for the Legislature, not this court." Laws v. County of San Diego, _Cal. App. 3d_, _Cal. Rptr._, 90 Daily Journal D.A.R. 3526 (4th Dist. March 28, 1990). Paramedic's Failure To Treat Ruled Wrongful Death The Gity of Los Angeles and a fire depart- ment paramedic have been found liable for $2 million in the shock-related death of a young man suffering from sickle cell disease. Police and paramedics had been called to the scene of an apparent alterca- tion between the victim and another man. The court of appeal found substantial evi- dence to support the jury's finding that the paramedic performed a grossly negli- gent examination of the victim and this failure to examine and treat the victim was the legal cause of his death. The re- sponding police officers were not, howev- er, held liable and the victim's family did not recover as bystanders to the events for their own emotional distress. Wright v. City of Los Angeles, _Cal. App. 3d_, _Cal. Rptr._, 90 Daily Journal D.A.R. 3577 (2d Dist March 30,1990). No Recovery In Body- surfing Accident Another beach-goer has sued a city for injuries sustained while body surfing and again the city has established its immuni- ty from injuries caused by a natural con- dition based on the swimmer's engaging in a hazardous recreational activity. The City of Newport Beach successfully de- fended against claims that the develop- ment of Newport Harbor resulted in an °unnatural" condition at the accident site and the city had a duty to warn the swim- mer, even assuming the city knew of the submerged sandbar. Tessier v. City of Newport Beach, _Cal. App. 3d_, _Cal. Rptr._, 90 Daily Journal D.A.R. 3572 (4th Dist March 29, 1990). No Waiver `~ For Untimely Claim Observing that the losing arguments were °strained and illogical and must be rejected," a court of appeal has deter- mined certain claims against the City of Turlock were filed too late. The claimant, who tripped and fell on a city sidewalk, filed her claim against the city more than a year after the accident. After the city rejected the claim as being untimely, the claimant filed an amended claim listing additional injuries. The city again denied the claim, giving the warn- ing required by Government Code sec- tion 945.6 that claimant had six months to file a lawsuit. In rejecting the amended claim, the city did not repeat its determination that the claim was untimely. The claimant ar- gued that this meant that the city waived the untimeliness defense and consented to be sued. The court concluded that since appellant had never filed any re- quest (timely or otherwise) for permis- sion to file a late claim, her claim was time barred and could not be granted. Dixon v. City of Turlock, __Cal. App. 3d_, _Cal. Rptr._, 90 Daily Journal DAR 4351 (5th Dist. Apri119, 1990). FROM THE ATTORNEY GENERAL Confidential Affirmative Action Investigation Report The Attorney General has opined a coun- ty affirmative action officer may not law- fully furnish a copy of a completed inves- tigation report to anon-police officer complainant who has filed an affirmative action complaint against the police offi- cer. The Attorney General concluded that disclosure would violate the provi- sions of Penal Code section 932.7, which protects the confidentiality of police per- sonnel records. _Op. Att'y Gen._, 90 Daily Journal DAR 3885 (Apri15, 1990). Personnel Directors As Public Officers Noting that "[u]nder varying circum- stances and for differing purposes, gov- ernment administrators have been found to hold public offices," the Attorney Gen- eral has granted permission to sue to test whether a personnel director is a "public officer" for the purposes of Penal Code section 424. That section disqualifies indi- viduals from holding public office when they misappropriate public monies. At issue is whether a personnel director of a school district who pled guilty to misap- propriating public monies may continue to hold that position. _Op. Att'y Gen._, 90 Daily Journal DAR 3857 (April 3,1990). ^ ~~opC~~o~ MUNICIPAL ;,~ c y RESOURCE ~~w • Sy`~ CONSULTANTS How To Get A Handle on Your City's #1 Source of Income ^ For most California cities, sales tax is the number one source of revenue, typically comprising 20% to 50% of general fund revenue. ^ Sales tax is also the most unpredictable income source, due to its complexity and vul- nerability to sudden substantial changes. ^ We specialize in providing sales tax enhancement and informa- tion services to California cities. For specific information on how your city can get a handle on its #1 source of income (and the businesses producing it), simply call us at: NORTHERN SOUTHERN CALIFORNIA CALIFORNIA Lowell Smith John Austin (415) 838-1115 (818)991-5220 San Ramon Westlake Village 21 WESTERN CITY, JUNE 1990