Municipalities and Special Districts

Kronick was established in 1959 with a focus on representing public agencies in the areas of municipal law including water and natural resources law. Kronick founders, Stanley Kronick and Adolph Moskovitz, first met in 1950 as staff attorneys for the U.S. Bureau of Reclamation, where they formulated a water allocation plan that resulted in revisions to California’s water policy, which became the basis for the water and hydroelectric projects implemented by then Governor Edmund G. Brown. The complexity of legal and governance issues related to water quickly led Kronick into other areas of public agency law, intensifying our experience throughout the complicated network of regulatory agencies and at every level of the state and federal court systems, including the United States Supreme Court. Over the years, Kronick has grown to include attorneys accomplished in a multitude of legal disciplines, including municipal law, to help meet the diverse and ever-changing needs of its clients.

For more than 60 years, Kronick has been recognized as one of California’s leading public agency law firms. We provide general and special counsel services to over 100 public agencies throughout the state, including several clients that have been with the firm since our inception, a testament to the firm’s practice approach of accessibility, pragmatism, and strong client advocacy.

The attorneys at Kronick are known for being thought leaders in their respective practice areas. The attorneys in our public law group regularly write and speak on critical issues facing public agencies, and are frequently consulted by other leaders in the industry. Our public law attorneys counsel clients in every area of public law, anticipating and guiding clients through the full spectrum of legal issues facing cities today. One of the Firm’s many unique qualities is its representation of both public and private clients. This allows us to provide valuable private industry perspective to our public agency clients. It also enables our attorneys to foresee potential issues before they arise and be proactive and outsmart opposing counsel. Having both practices under one roof allows us to bounce ideas off one another to improve your best chance of success.

Whether a situation calls for preventative counseling, skillful negotiation, forceful advocacy or financial guidance, our clients know they can rely on Kronick to quickly and confidently marshal the legal, political and financial solutions they need in order to move their projects and policies forward in the most timely and cost-conscious manner achievable.

Kronick’s dedication to its clients is evident in our ongoing efforts to keep them abreast of changes and trends in the law through timely published Legal Alerts, seminars and workshops. The many long-standing relationships we enjoy with our clients attest to our cost-consciousness, accessibility and effectiveness.

Kronick supports and encourages strong community service and civic participation. We have been a League of California Cities Partner for many years, and several of the firm’s attorneys have had the privilege of serving on the Editorial Board for the League’s Municipal Law Handbook. Similarly, as it relates to their practice and areas of expertise, Kronick attorneys are involved in more than 80 industry and trade organizations and speak at about 50 conferences annually. Kronick attorneys and professional staff share a strong commitment and responsibility to enhance the communities in which they live and work. As a firm, we support over 20 organizations and programs through a combination of financial contributions, donations of in-kind services and volunteerism.

People

Publications

    Speaking Engagements

    04.08.2022

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    Speaking Engagement

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    PRA Case Update

    Location

    Costa Mesa, CA

    Overview

    Shareholder Mona Ebrahimi and Senior Counsel Kevin Flautt will present at the 2022 Open Meetings and Open Records Conference hosted by the Public Law Section of the California Lawyers Association. Courts have been busy over the last few years deciding cases that better define public agencies’ rights and obligations under the California Public Records Act and related laws. From limitations on the “overbroad and unduly burdensome” exception to requests to the disclosure of information about COVID-19 contact tracing, this session will provide a focused update on two years’ worth of Public Records Act case law.

    For more information and to register, please visit the event website.

    11.19.2021

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    Speaking Engagement

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    Employee Free-Speech Rights And Right To Collective Action In The Age Of Social Media

    Date

    Friday, November 19

    Location

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. While social media use was ubiquitous prior to the COVID-19 pandemic, employees’ use of social media during work hours exploded with so many employees working from home during the pandemic. There also has been a noticeable uptick in the level of vitriol and sometimes even violent speech on social media platforms. The challenge for public employers in addressing concerns over social media use is twofold. First, how can public employers govern social media use in light of First Amendment protections? Second, what types of policies can an employer adopt, and what types of disciplinary actions may it take, in light of laws protecting employee collective action rights? David Tyra will discuss the development of both limitations on an employer’s right to address problematic social media use. You’ll learn about adopting enforceable social media policies and taking defensible disciplinary action when an employee posts offensive or violent content on social media platforms. For more information and to register, please visit the event website.

    11.19.2021

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    Speaking Engagement

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    Tips For Compliance: SB1421 Police Officer Personnel Records And Disclosure

    DATE

    Friday, November 19

    LOCATION

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. The California Public Records Act provides a right of access to public records unless the record is expressly exempt. Peace officer records are generally exempt from public inspection, and until recently, Pitchess motions were the exclusive method of obtaining personnel records. But effective January 2019, Senate Bill 1421 amended Penal Code sections to provide that public records related to officer-involved shootings, officer use of force resulting in great bodily injury or death, or a sustained finding of officer dishonesty or sexual assault are no longer confidential and must be made available for public inspection pursuant to the CPRA, with limited exception. Mona Ebrahimi and Kevin Flautt will discuss the intersection of these various laws and valuable tips for complying with them. For more information and to register, please visit the event website.

    11.18.2021

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    Speaking Engagement

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    Tribal Consultation: A Primer on Tribal Consultation under CEQA and SB 35

    Date

    November 18

    Location

    Virtual

    The Argent Communications Group’s California Land Use Law & Policy Conference, “Land Use Law, Policy and Planning 2021: The Housing Crisis, CEQA, Environmental Justice and Tribal Consultations,” is a one-day virtual event focused on land use law and policy shifts that may impact your practice, municipality or organization. Shareholder Holly Roberson will present on “The Developer Counsel Perspective.” For more information and to register, please visit the event website.

    11.17.2021

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    Speaking Engagement

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    The Post-Pandemic Future Of Teleworking

    Date

    Wednesday, November 17

    Location

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. The COVID-19 pandemic dramatically accelerated (by necessity) the use of teleworking arrangements across a broad variety of workplaces. Moreover, the lessons learned during the pandemic have demonstrated that telework arrangements can be beneficial and provide advantageous flexibility for both employers and employees alike. Telework arrangements, however, are not without complications. From wage/hour and timekeeping issues to productivity, employee behavioral and discipline concerns, workplace safety, and Cal/OSHA compliance, in addition to many other issues, the advantages teleworking presents must be balanced against the challenges. David Tyra will address the issues associated with teleworking arrangements, from their establishment, through governance, to elimination when necessary. For more information and to register, please visit the event website.

    11.17.2021

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    Speaking Engagement

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    Disability Accommodation And The Interactive Process

    Date

    Wednesday, November 17

    Location

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. One of the most vexing problems that employers continually face is effectively managing disability accommodation issues.  What accommodations must an employer consider?  When is a requested accommodation unreasonable?  Must an employer provide an employee with the accommodation of their choice?  How long must leave as an accommodation be granted?  And how should the interactive process meeting be conducted to make it as effective as possible?  Through advanced case studies involving disability accommodations and the interactive process, David Tyra and Terilynn Diepenbrock will challenge you to learn how to manage scenarios in a way that meets all legal requirements and most effectively protects both the employer’s and employee’s interests. For more information and to register, please visit the event website.

    03.30.2021

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    Speaking Engagement

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    Legal Issues for Government Communicators—Copyright, Trademark and Records Retention Laws

    Date

    March 30

    Location

    Webinar

    Managing your organization’s reputation during challenging times means you not only need to ensure you are meeting the public’s need for information – but at the same time, not breaking any laws. Kronick Shareholder Christopher Onstott and Senior Counsel Kevin Flautt will lead this session and help you unravel the mystery of ever-changing federal and state laws.

    During this webinar you will learn about:

    • Copyright law and trademarks
    • Photography in public places
    • Social media, records retention
    • 1st amendment matters
    • Responding to the media on legal matters (how to avoid saying “no comment”)
    • Recent technology rulings
    • How to handle the uptick in PRA requests

    For more information and to register, please visit the event website.

    12.09.2020

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    Speaking Engagement

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    Sunshine Laws & The Golden State

    Date

    Wednesday, December 9

    Location

    Webinar

    Overview

    Olivia Clark will discuss “Sunshine Laws” which are named as they intend to bring governmental work into the light of the public. California has specific laws mandating public access to governmental records and procedures, except where an enumerated exemption applies. These laws always apply to public employees and officers, usually apply to public contractors, and are permanent tools/rights that public citizens hold.

    This presentation will be aimed at providing the historical background, primary framework, and common exemptions to the following, key Sunshine Laws:

    • Prop. 59 – The Sunshine Amendment to the California Constitution
    • The California Public Records Act (Gov. Code, § 620 et. seq.)
    • The Ralph M. Brown Act (Gov. Code, § 54950 et seq.)
    • The Political Reform Act (Prop. 9, 1974) & Government Code section 1090

    To register, please visit the event website.

    10.19.2020

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    Speaking Engagement

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    Tribal Water in California

    DATE

    October 19 & 20

    LOCATION

    Virtual

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Holly Roberson will provide an update on the State implementation of the Sustainable Groundwater Management Act (SGMA) and the impact on Tribes and discuss the basics of Tribal Consultations, such as when federal agencies are involved and the most effective approaches from a best practice standpoint.

    09.23.2020

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    Speaking Engagement

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    Money Matters: Understanding Financial Conflicts of Interest for Public Entities/Board Members

    Date

    Sept. 9, 16, 23 and 30 • 10 am – 11 am PDT

    Location

    Virtual

    Kronick Associate Olivia Clark will participate in the Association of California Water Agencies (ACWA) CLE Workshop Series in a panel discussion about Government Code Section 1090, which prohibits public officials from having financial interests in contracts that they have a hand in. Sounds simple, right? But who is a public official? Sure it is someone elected or appointed to a Board. But it also can include staff members of an agency, and can even include consultants. And what is a financial interest? In many cases, it is easy to know, but in others, you might be surprised at what counts as a financial interest. Join us for this panel that will cover the black letter law, but also wrestle with a number of hypotheticals that could come to life in your world.

    For more information, please visit the event website.

    12.12.2019

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    Speaking Engagement

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    California Environmental Quality Act: The Year in Review

    DATE

    December 12

    LOCATION

    San Francisco, CA

    OVERVIEW

    2019 has been another amazing year for CEQA law, policy, and practice! For its 15th year, CLE International’s CEQA conference features an outstanding faculty of CEQA attorneys, planners, and experts to provide you with the latest CEQA developments, trends, debates, and practice advice. Kronick Associate Holly Roberson will participate on a panel that discusses AB 52 Tribal Consultation Implementation.

    12.03.2019

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    Speaking Engagement

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    Government Code Section 1090: How to Stay Out of the Headlines (and Out of Jail)

    DATE

    December 3

    LOCATION

    San Diego, CA

    OVERVIEW

    Kronick is pleased to again sponsor the Association of California Water Agencies (ACWA) Fall Conference in San Diego. Associate Olivia Clark will participate in a panel discussion about Government Code Section 1090, which prohibits public officials from having financial interests in contracts that they have a hand in. Sounds simple, right? But who is a public official? Sure it is someone elected or appointed to a Board. But it also can include staff members of an agency, and can even include consultants. And what is a financial interest? In many cases it is easy to know, but in others you might be surprised at what counts as a financial interest. Join us for this panel that will cover the black letter law, but also wrestle with a number of hypotheticals that could come to life in your world.

    For more information, please visit the event website.

    11.22.2019

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    Speaking Engagement

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    Is This Person My Employee? The ABC’s Of Independent Contractor Misclassification

    DATE

    November 22

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss the 2018 decision in Dynamex Operations West v. Superior Court, the California Supreme Court issued a new and challenging test for determining whether an individual is an employee or an independent contractor, known as the “ABC test.” In light of its previous decision in Metropolitan Water Dist. v. Superior Court, in which the Supreme Court held that public employers are bound by the “common law” test for determining who is an employee, the Dynamex decision poses serious new challenges for public employers and potential liabilities for misclassifying employees as independent contractors. This Sparks session will address the application of the ABC test in a public employment setting and ways to avoid potential liabilities resulting from misclassification. In the likely event the Legislature enacts AB 5, and the Governor signs it into law, this Sparks session will also address the implications for public employers of codifying the ABC test for purposes of defining who is an employee under the Labor and Unemployment Insurance Codes.

    11.21.2019

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    Speaking Engagement

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    Case Studies: Reasonable Accommodations And The Interactive Process

    DATE

    November 21

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss how to determine appropriate reasonable accommodations to provide to disabled employees or employees seeking to return to work after extended leaves of absence continues to be a vexing problem for employers. This session will look at three common scenarios that employers regularly face in this area. You’ll be guided through each scenario focusing on: (1) properly documenting all aspects of a situation; (2) conducting productive IAP meetings; (3) appropriately analyzing reasonable accommodation options; and (4) finally reaching correct decisions with respect to providing reasonable accommodations to qualified individuals with disabilities.

    11.21.2019

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    Speaking Engagement

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    Do I Have To Compensate My Employees For That Time? How Does California Define “Hours Worked?”

    DATE

    November 21

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss decisions like Mendiola v. CPS Security Solutions, Inc. and Morillion v. Royal Packing Co., the California Supreme Court has significantly expanded the definition of compensable hours of work under California law. The Supreme Court is scheduled to take up the issue again this term in a case involving public employers. Understanding what constitutes a compensable hour of work is fundamental to getting answers to all other wage/hour questions right. Whether certain types of activities such as on-call time, call-back time, or time waiting in a security line, constitute compensable activities is a challenging subject and the consequences of getting it wrong can be substantial. In this session you’ll learn about the current state of the law regarding compensable time and how you can navigate this area of law to avoid potential liability.

    11.20.2019

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    Speaking Engagement

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    The Future Of Vested Rights Analysis

    DATE

    November 20

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss the decision in Cal Fire Local 2881 v. California Public Employees’ Retirement System, the California Supreme Court issued the first of several long-awaited decisions on the future of vested rights analysis regarding employee pension and OPEB benefits. These decisions have enormous consequences for public entities as they continue to struggle with the issue of unfunded contingent liabilities and their consequences. In this session, you’ll learn about the current state of the law, and you’ll learn about strategies, including collective bargaining approaches, for modifying or reducing pension and OPEB benefits for employees.

    07.25.2019

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    Speaking Engagement

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    Sustainable Groundwater Planning in California

    DATE

    July 25 & 26, 2019

    LOCATION

    Sacramento, CA

    Overview

    Kronick attorneys Eric Robinson, Holly Roberson and Constantine Baranoff will present at the Sustainable Groundwater in California conference in Sacramento. Eric will provide opening remarks as Program Co-Chair as well as participate in a discussion about conjunctive management of groundwater interconnected with surface streams as a practical approach for achieving resilient and sustainable water supplies. Constantine’s presentation will discuss propositions 26 and 218 and other constraints, tips for identifying the optimal funding structures for initial GSP development and GSP implementation activities. Holly will discuss federally reserved water rights; consultation requirements; effective consultation; reasons why Tribes may be reluctant to participate in a GSA or share pumping and aquifer management data; confidentiality; practical tips for addressing those concerns. For more information or to register, please visit the event website.

    01.17.2019

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    Speaking Engagement

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    Local Government Law: What Attorneys Need to Know

    DATE: Thursday, January 17, 2019

    TIME: 9:00 AM – 4:30 PM

    ORGANIZED BY:

    National Business Institute (NBI)

    PROGRAM OVERVIEW:

    This NBI seminar will examine the disputes and challenges municipalities are currently faced with and listen as experienced faculty share their strategies and techniques for dealing with them. Kronick Shareholder Christopher Onstott will be presenting on the following topics:

    • HUMAN RESOURCES ISSUES
      • New Developments in Employment Law
      • Conducting Successful Employee Investigations
      • Protecting Your Employees’ Privacy Rights
      • Improving Your Personnel Policies
    • A CURRENT LOOK AT GOVERNMENT IMMUNITY
      • Overview of §1983 Litigation
      • Types of Immunities
      • Common Causes of Action
      • Popular and Effective Defenses
      • The Latest Evidentiary Considerations
    • ETHICS
      • Privileged vs. Public Communications
      • Conflicts of Interest
      • Whistle Blowing: Duty to Report?
      • Representing Clients After Public Service

    REGISTRATION:

    Please visit the event website for more information.

    12.05.2018

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    Speaking Engagement

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    Labor Relations In The Wake Of Janus v. AFSCME

    DATE:

    December 5 – 7

    LOCATION:

    Monterey, CA

    ORGANIZED BY:

    California Public Employers Labor Relations Association (CALPELRA)

    PROGRAM OVERVIEW:

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on December 3-7, 2018 in Monterey. Shareholders David Tyra and Christopher Onstott will discuss the U.S. Supreme Court decision on Janus v. AFSCME. If the Court overrules Abood v. Detroit Board of Education and holds that agency (or “fair share”) fees constitute an unconstitutional violation of First Amendment rights, the decision will portend a major change in California public labor relations. In this session you’ll learn about likely responses to the Janus decision, from further legislative responses of the type already seen (e.g., AB 119 [union access to new hires] and SB 285 [prohibiting public employers from deterring or discouraging union membership]), to the impact on collective bargaining, and to potential legal challenges to the elimination of agency fees. If you’re interested in the seismic shift in labor relations the Janus decision likely represents, you must attend this session.

    REGISTRATION:

    Please visit the event website for more information.

    12.05.2018

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    Speaking Engagement

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    Case Studies In Employee Leaves, Reasonable Accommodation, And The Interactive Process

    DATE:

    December 5 – 7

    LOCATION:

    Monterey, CA

    ORGANIZED BY:

    California Public Employers Labor Relations Association (CALPELRA)

    PROGRAM OVERVIEW:

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on December 3-7, 2018 in Monterey. Shareholder David Tyra will discuss how to manage leaves in light of the numerous overlapping laws, how to determine appropriate and effective reasonable accommodations (including leaves) for employees who require them to perform the essential functions of their jobs, and how to conduct effective interactive process meetings with employees and their representatives … all these situations present significant challenges for employers. If you have basic knowledge of the various laws providing employees with leave rights – FMLA, CFRA, ADA, workers’ comp, etc. – then in this session you’ll learn about some of the more difficult, complex, and advanced issues arising from employee leaves and reasonable accommodation requests, with a particular emphasis on the overlapping nature of the various applicable laws, and techniques for handling those issues.

    REGISTRATION:

    Please visit the event website for more information.

    07.27.2018

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    Speaking Engagement

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    Sustainable Groundwater Planning in California

    DATE:

    July 26-27, 2018

     

    LOCATION:

    Sacramento, CA

    Organized By:

    Law Seminars International (LSI)

    Program Overview:

    Kronick attorneys Scott Morris, Jonathan Christy and Holly Roberson will present at the Sustainable Groundwater Planning conference in Sacramento on July 26-27.

    Scott will provide opening remarks as Program Co-Chair and participate in a panel discussion about “Cross-Boundary Flows and Basin Coordination” discussing the legal issues around coordination challenges and issues (a) within a groundwater basin, (b) with adjacent basins, and (c) when an adjacent basin is on the critical list and yours is not; essential terms for coordinating agreements.

    Jonathan’s presentation will discuss financing options and strategies for GSA/GSP and what GSP developers and stakeholders need to know about constraints and viable pathways.

    Holly’s panel will discuss legal parameters for working with Tribes as sovereigns, including requirements for Tribal consultation.

    Registration:

    Please visit the event website for more information and to register.