Jennifer E. Faught
Jennifer (Jen) Faught advises cities, special districts and other public entities on the myriad of legal issues they confront daily. She serves as Assistant City Attorney to the Cities of El Cerrito, San Leandro, and Walnut Creek, and as General Counsel to the Oro Loma Sanitary District and Burbank Sanitary District. While providing general and special counsel to public agencies, Jen has garnered notable experience in state and federal Constitutional Law, the adoption and collection of fees, contract law, conflicts of interest, and land use issues. Jen deals extensively with the Political Reform Act, the Ralph M. Brown Act and the Public Records Act.
Jen devised a set of guidelines by which cities - concerned over the clutter and safety issues presented when vendors leave flyers or business cards at individual residences without the owners’ permission - may regulate such distribution without running afoul of First Amendment free speech protections. In another First Amendment setting, Jen crafted and updated ordinances regulating the number and siting of newsracks.
She has also advised clients with respect to questions arising under the equal protection clause, including the provision of local social service benefits to non-citizens and requirements by cities that people who appeal matters before the city council make use of and pay for mediation services.
In her work with special district clients, Jen has drafted sewer lateral ordinances, sewer service charge ordinances, and solid waste ordinances. She has assisted in analyzing a variety of other routine matters, such as establishment of appropriations limits, creation of reimbursement districts, payment of prevailing wages, collection of unpaid or underpaid service charges, and issues involving the interpretation and implementation of risk sharing agreements of joint powers authorities. Many tax matters in which Jen renders advice involve voter-enacted constraints on local taxation in Propositions 13, 218 and others. Her work also involves advising on land use issues, including those arising under the Subdivision Map Act and the law of easements. Jen is a frequent presenter at AB 1234 ethics trainings.
Honors and Awards
- Recipient, CALI Excellence for the Future Award, Local Government Law Clinic
Presentations and Publications
- Presenter, "The Brown Act and Public Records Act," City Clerks Association of California (CCAC), 2015
- Presenter, "Staying in Compliance" training, California Special Districts Association (CSDA), 2012
- Co-Author, “What To Do with That Empty Seat? Options Districts Have to Fill Vacancies and Rules They Must Follow,” California Special District Magazine, Volume 7, Issue 5, 2012
- Author, "Public Records Act Requires Disclosure of County Retiree Pension Information," June, 2011, PublicCEO.com
- Frequent Presenter at AB 1234 Ethics Trainings
Professional and Community Affiliations
- Member, The State Bar of California
- University of California, Hastings College of the Law, JD, 2006
- University of California at Los Angeles, BA, English, magna cum laude, 1994