Legal Alerts Apr 16, 2020
When is a Franchise Fee a Tax?
Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise
Partner
Sacramento
500 Capitol Mall,
Suite 1700
Sacramento, CA 95814
Office (916) 325-4000
Fax (916) 325-4010
Kimberly practices all aspects of public law, with a focus on public agency litigation, including Proposition 218, the Public Records Act and eminent domain.
She serves as interim city attorney for the cities of Paso Robles and Galt and as an assistant city attorney for the City of Woodland.
Kimberly advises public employers on day-to-day employment law matters.
Kimberly E. Hood practices all aspects of public law, with a focus on public agency litigation, including Proposition 218, the Public Records Act and eminent domain. She has represented cities, counties and special districts throughout Northern California for more than 12 years. She serves as interim city attorney for the cities of Paso Robles and Galt and as an assistant city attorney for the City of Woodland. She was previously an assistant city attorney for the City of Davis.
Public Agency Compliance and Litigation
Kimberly routinely advises her clients regarding compliance with the Eminent Domain Law, Proposition 218, Proposition 26, the Brown Act, the Public Records Act, and compliance with records retention statutes. She understands the need to respond to public requests quickly and efficiently and works closely with her clients to provide quality and timely advice. She also litigates a variety of public agency issues related to these subjects, successfully defending against writ petitions alleging violations of Proposition 218 related to water rates and the Public Records Act. She also assists public agencies in eminent domain actions from the right-of-way acquisition process through trial.
Labor and Employment Law
In addition, Kimberly advises public employers on day-to-day employment law matters, including dealing with problem employees, responding to grievances, and drafting employment/separation agreements and other employment policies. She advises public entity clients regarding various wage and hour and labor issues, including the FLSA and the Meyers-Milias Brown Act. Kimberly successfully resolved unfair labor practice charges under the MMBA on behalf of her public agency clients. She has also successfully prosecuted employee disciplinary charges before personnel boards.
A partner in the Municipal Law practice group of Best Best & Krieger LLP, Kimberly was previously an attorney with McDonough Holland & Allen in Sacramento. Before joining McDonough Holland & Allen, Kimberly clerked for the Honorable Robert A. McQuaid, Jr., U.S. Magistrate Judge for the District of Nevada. She also served as judicial extern to the Honorable Frank C. Damrell, Jr., U.S. District Court judge for the Eastern District of California. She is admitted to the U.S. District Court for the Eastern and Central districts of California.
Education
Admissions
Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise
California Appellate Court Interprets Term “Increase” and Statute of Limitations
By clicking “Agree,” you agree to the storing of cookies on your device to enhance website navigation, analyze website usage and assist in our marketing efforts. View our Cookie Notice here.