Briefs For Appeals Pending In California Courts – Researching Public Employee Pension Cases

Last week, the California Supreme Court issued a grant-and-hold-order in the pension case of Marin Association of Public Employees v. Marin County Employees’ Retirement Association (S237460).  The court has decided to wait for a decision in the appeal of an Alameda County-centric case – a different pension case — Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (A141913) or “pending further order of the court.”

Six of the briefs for the Alameda County case are available for reading and downloading at Alameda County Law Library on our public computers through our access to the California Public Law Library Briefs Service.  Four of the documents filed in the Marin Association case are also available on the database.  Visit the Reference Desk in Oakland or Hayward for help with accessing the briefs.  ACLL is one of the select California county law libraries having access to this resource.

There is a delay in the upload of the text of California appellate briefs to the free database.  You can call the Oakland Reference Desk at 510-208-4832 to check on availability before making a trip to the library.

Grant-and-hold order

An information discussion of the procedural aspects of the not frequently used grant-and-hold order can be found on the At the Lectern blog in a post – “Supreme Court Case on Hold for Court of Appeal Decision in Another Case.”

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Registering To Use ACLL Research Computers – California Identification Cards

 

Registration now required

As of this month, Alameda County Law Library will require those patrons who wish to use the public computers to be registered library users – either as a borrower or computer user only.  In addition to completing a registration form, the rules require patrons to show proof of identity when they register – a photo id from an official entity.

Patrons will be able to use our computers,  for free, for two hours per day.  Additional computer time can be purchased for a fee of $5.00 per hour.  For more details see –2016_ACLL_computeruseguidelines

For those in our patron community who don’t have a current ID to share with us, here is information on how to obtain a state ID from the DMV:

California identification cards can be obtained from the California Department of Motor Vehicles (DMV)

 Identification (ID) cards

DMV issues ID cards to persons of any age. The ID card looks like a driver license, but is used for identification purposes only. A regular ID card is valid for six years, and a senior citizen ID card is valid for 10 years. To qualify for a senior citizen ID card, you must be age 62 or older.

Reduced-fee ID card

You may pay a reduced application fee for an original or renewal identification card if you meet income requirements from a public assistance program. If you are eligible, the governmental or non-profit program will give you a completed Verification for Reduced Fee Identification Card form (DL 937) to take to DMV to apply for your reduced fee identification card.

See your local public assistance program agency for information about eligibility requirements and obtaining a DL 937 form.

How to apply for an identification (ID) card

DMV issues two types of ID cards. A regular ID card valid for six years, and a senior citizen ID card valid for 10 years. To qualify for a senior citizen ID card, you must be age 62 or older.

To apply for an ID card you will need to do the following:

  • Visit a DMV office
  • Make an appointment for faster service.
  • Complete a Driver License or Identification Card Application form (DL 44). An original DL 44 form must be submitted. Copies will not be accepted.The department does not provide the DL 44 or DL 44C online because original signatures are required on the form, and each DL 44 or DL 44C contains a unique barcode which must be scanned or keyed by the DMV employee.To obtain a DL 44 or DL 44C form, call DMV’s Automated Telephone Service at 1-800-777-0133 (available 24 hours a day, 7 days per week) to have a form mailed to you or visit your local DMV office to pick one up.You will also need to:
  • Give a thumb print.
  • Have your picture taken.
  • Provide your social security number. It will be verified with the Social Security Administration while you are in the office.
  • Verify your birth date and legal presence (you may use your California driver license). If your current name no longer matches the name on your BP/LP document, see “True Full Name” and “How to Change Your Name” for more information.
  • Present your acceptable residency documents if you have never had a California driver license or California identification card.
  • Pay the application fee. (No fee for a senior citizen ID card.)

Check your address before you leave DMV and tell the DMV representative if your address is incorrect. Your new ID will be mailed to you within 60 days. If you have not received your ID after 60 days, call 1-800-777-0133 to check the status. Have your receipt and/or old ID card with you to provide information when requested.

DMV will exchange a valid license for a no-fee ID card to applicants who are no longer able to drive safely because of a physical or mental condition. Please call your local DMV for additional information.


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A Candidate For Legal Word Of The Year – Emolument

The Oxford English Dictionary has already selected its word of the year – post-truth is the Oxford Dictionaries Word of the Year 2016.  I think they may have wished that they waited a bit longer before putting the title sash around that word.  This month’s U. S. elections have brought to prominence in media circles a number of not necessarily new, but interesting, words.

My candidate for the most au courant legal word would be emolument as in the Emoluments Clause, in the U. S. Constitution, Article I, Section 9, Clause 8:

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

The word is not a new, fashionable word but in the category of vintage, as it was already well established in the English language during the years when the United States was being formed as a country.  This term has recently become newsworthy as a constitutional law issue because the current President-Elect has many business dealings in and with foreign states.  So far, President-Elect Donald Trump has not stated that he will continue the past U.S. Presidential tradition of moving his financial assets into a blind trust therefore removing any conflicts of interest.

How newsworthy is emolument?  The Emolument Clause has its own Twitter page – #EmolumentsClause.  There have been a number of media articles discussing the legal issues concerning the concept for public office holders.  For general background, here are some links to internet articles.

From a law review,  here is a cite to an article discussing the background, as well as, the history of legal scholarship on the subject  –

More information available on Westlaw at ACLL

  • American Jurisprudence, 63C Am. Jur. 2d Public Officers and Employees § 22, “Lucrative offices; offices of profit or emolument”

With so many surprising developments in U. S. politics in recent weeks and with continuing original interpretations of standards for holding political offices in our country being put forth, maybe next year will be emolument’s year.  Let see what the polls are predicting.

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Ladies And Gentlemen, Start Your Shopping

Warm up those credit cards – a toaster perhaps?

Add Alameda County Law Library to your holiday shopping wish-list.  Our wish is that you think of us before starting any of your on-line shopping.  If you do find yourself in the mood to begin your seasonal shopping over the upcoming holiday weekend – Black Friday and Cyber Monday are two of the busiest shopping days of the year – think of us before starting the transaction.   Support us when you shop on Black Friday and Cyber Monday. #StartWithaSmile at smile.amazon.com/ch/94-6000109 and Amazon donates to Alameda County Law Library.

Thank you for your continuing support of ACLL.

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Mario Alfaro – Art Exhibit – ACLL Hayward

Mario Alfaro – Artist

Painter and muralist – Mario Alfaro – is displaying his paintings at the Hayward branch of the Alameda County Law Library.  The exhibit will run through March 24, 2017.  This show has been arranged in cooperation with the Hayward Arts Council

Artist’s bio –

Born in El Salvador, Alfaro revealed his artistic talent at an early age.  His childhood was one filled with sights and memories of war and natural disasters.  Born in a country at a time of unrest, he looked to art to fulfill his longing for a world full of color and expression.  His father was in the military and did not condone his artistic pursuits, but Alfaro would not be discouraged.  He left home for the capital, San Salvador, at the age of sixteen to study drawing and color at Centro Nacional De Artes Center at the Universidad Technologica.  Since then, Alfaro has taken part in art expositions, receiving honorable mentions, as well as, prizes for his painting.

Statement from the artist –

Art for me is an alternative to the hardness of life.  I paint to put color on nature and I believe that one must have a passionate consideration of art.  It is as important as ethics, as contemplation, or, as action.  Life is not a bundle of firewood to be carried, but rather it is a bundle of things and truths sprouting whenever a person wants to give it form.  Whenever I begin a painting, I feel that my impulses vary and I see many things in nature and real life… soon the painting surges like a dream which sometimes clarifies and sometimes disappears.  I always try to catch and return it to reality within my paintings.

For more information about the artist and his work contact – Yvette Tipton, 510-472-6596, info@expressfineart.com

ACLL Hayward is located at Room 162, 224 W. Winton Avenue,  Hayward, CA 94544.  Hours to view Alfaro’s work are Monday – Friday 8:30 to 5:00.

 

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Are You A Parent? That Depends – MCLE – ACLL Oakland – December 8

Are you a parent? That depends…

2 Hours participatory MCLE credits at ACLL Oakland on December 8.

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To register online: go to http://tinyurl.com/j9vno6b . By phone: please call 510-272-6483.  In person: ask for a registration form at the reference desk.

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