TO

, a Petition for Writ of Administrative Mandamus is a request that a Superior Court review and reverse the final decision or order of an administrative agency. It is brought under California Code of Civil Procedure (CCP) §1094.5. 

a party's failure to pursue that remedy may collaterally estop a federal civil rights action.   This “is a form of res judicata, of giving collateral estoppel effect to the administrative agency's decision, because that decision has achieved finality due to the aggrieved party's failure to pursue the exclusive judicial remedy for reviewing administrative action

California Penal Code

Sec. 14114

(a)

First priority shall be given to programs that provide community education, outreach, and coordination, and include creative and effective ways to translate the recommendations of the California Commission on Crime Control and Violence Prevention into practical use in one or more of the following subject areas:

(1)

Parenting, birthing, early childhood development, self-esteem, and family violence, to include child, spousal, and elderly abuse.

(2)

Economic factors and institutional racism.

(3)

Schools and educational factors.

(4)

Alcohol, diet, drugs, and other biochemical and biological factors.

(5)

Conflict resolution.

(6)

The media.

(b)

At least three of the programs shall do all of the following:

(1)

Use the recommendations of the California Commission on Crime Control and Violence Prevention and incorporate as many of those recommendations as possible into its program.

(2)

Develop an intensive community-level educational program directed toward violence prevention. This educational component shall incorporate the commission’s works “Ounces of Prevention” and “Taking Root,” and shall be designed appropriately to reach the educational, ethnic, and socioeconomic individuals, groups, agencies, and institutions in the community.

(3)

Include the imparting of conflict resolution skills.

(4)

Coordinate with existing community-based, public and private, programs, agencies, organizations, and institutions, local, regional, and statewide public educational systems, criminal and juvenile justice systems, mental and public health agencies, appropriate human service agencies, and churches and religious organizations.

(5)

Seek to provide specific resource and referral services to individuals, programs, agencies, organizations, and institutions confronting problems with violence and crime if the service is not otherwise available to the public.

(6)

Reach all local ethnic, cultural, linguistic, and socioeconomic groups in the service area to the maximum extent feasible.

14110

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California Penal Code

Sec. 14114.5

Other programs shall include subdivisions (a) and (f) of Section 14114 and may include public lectures or sponsoring of conferences, or both.

California Penal Code

Sec. 14115

(a)

First priority programs may additionally provide specific direct services or contract for those services in one or more of the program areas as necessary to carry out the recommendations of the commission when those services are not otherwise available in the community and existing agencies do not furnish them. Direct services may include, but are not limited to, any of the following:

(1)

Training seminars for law enforcement and human service agencies and operatives.

(2)

Crisis intervention training and counseling.

(3)

Casework and program consultation with local human service providers.

(4)

Drug and alcohol counseling and treatment referral.

(5)

Conflict resolution training and services, including the principles and practices of conflict mediation, arbitration, and “citizen tribunal” programs.

(b)

All direct services are subject to Section 5328 of the Welfare and Institutions Code.

14110

California Penal Code

Sec. 14116

Second priority shall be given to programs that conform to the requirements of Section 14114, except that the educational component of subdivision (f) of that section shall not be mandatory in each subject area, but shall be provided in at least three of those areas, and the programs shall provide specific direct services or contract for services in one or more program areas.

Each program shall have a governing board or an interagency coordinating team, or both, of at least nine members representing a cross section of existing and recipient, community-based, public and private persons, programs, agencies, organizations, and institutions. Each team shall do all of the following:

As closely as possible represent the socioeconomic, ethnic, linguistic, and cultural makeup of the community and shall evidence an interest in and commitment to the categorical areas of violence prevention and conflict resolution.

Be responsible for the implementation, evaluation, and operation of the program and all its constituent elements, including those specific direct services as may be provided pursuant to Section 14115.

Be accountable for the distribution of all funds.

Designate and appoint a responsible administrative authority acceptable to the Office of Emergency Services prior to the receipt of a grant.

Submit an annual report to the Office of Emergency Services, which shall include information on all of the following:

The number of learning events.

The number of persons trained.

An overview of the changing level of information regarding root causes of violence.

An overview of the changing level of attitude regarding root causes of violence.

The changing level of behavior regarding root causes of violence.

The degree to which the program has been successful in satisfying the requirements set forth in subdivisions (e) and (f) of Section 14114.

Other measures of program efficacy as specified by the Office of Emergency Services.

Coordinating teams established under this section may adopt local policies, procedures, and bylaws consistent with this title.

California Penal Code

Sec. 14116

Second priority shall be given to programs that conform to the requirements of Section 14114, except that the educational component of subdivision (f) of that section shall not be mandatory in each subject area, but shall be provided in at least three of those areas, and the programs shall provide specific direct services or contract for services in one or more program areas.

California Penal Code

Sec. 14118

(a)

The Office of Emergency Services shall prepare and issue written program, fiscal, and administrative guidelines for the contracted programs that are consistent with this title, including guidelines for identifying recipient programs, agencies, organizations, and institutions, and organizing the coordinating teams. The Office of Emergency Services shall then issue a request for proposals. The responses to the request for proposals shall be rated according to the priorities set forth in subdivision (b) and additional criteria established by the guidelines. The highest rated responses shall be selected. The Office of Emergency Services shall do all of the following:

(1)

Subject the proposed program and administrative guidelines to a 30-day period of broad public evaluation with public hearings commencing in May 1985, prior to adoption, including specific solicitation of input from culturally, geographically, socioeconomically, educationally, and ethnically diverse persons, programs, agencies, organizations, and institutions.

(2)

Provide adequate public notice of the public evaluation around the state in major metropolitan and rural newspapers and related media outlets, and to local public, private, and nonprofit human service executives and advisory boards, and other appropriate persons and organizations.

(3)

Establish a mechanism for obtaining, evaluating, and incorporating when appropriate and feasible, public input regarding the written program and administrative guidelines prior to adoption.

(b)

Applicants for contracts under this title may be existing community-based public and nonprofit programs, agencies, organizations, and institutions, newly developed nonprofit corporations, or joint proposals from combinations of either or both of the above.

California Penal Code

Sec. 14120

(a)

Programs shall be funded, depending upon the availability of funds, for a period of two years.

(b)

The Office of Emergency Services shall provide 50 percent of the program costs, to a maximum amount of fifty thousand dollars ($50,000) per program per year. The recipient shall provide the remaining 50 percent with other resources which may include in-kind contributions and services. The administrative expenses for the pilot programs funded under Section 14120 shall not exceed 10 percent.

(c)

Programs should be seeking private sector moneys and developing ways to become self-sufficient upon completion of pilot program funding.

(d)

The recipient programs shall be responsible for a yearend independent audit.

(e)

The Office of Emergency Services shall do an interim evaluation of the programs, commencing in July 1986, and shall report to the Legislature and the people with the results of the evaluation prior to October 31, 1986. The evaluation shall include, but not be limited to, an assessment and inventory of all of the following:

(1)

The number of learning events.

(2)

The number of persons trained.

(3)

The changing level of information regarding root causes of violence.

(4)

The changing level of attitude regarding root causes of violence.

(5)

The changing level of behavior regarding root causes of violence.

(6)

The reduced level of violence in our society.

(7)

The degree to which the program has succeeded in reaching and impacting positively upon local ethnic, cultural, and socioeconomic groups in the service area.A final evaluation shall be made with a report prior to October 31, 1987, which shall also include specific recommendations to the Legislature and the people of this state regarding methods and means by which these violence prevention and crime control programmatic efforts can be enhanced and improved.

California Penal Code 10 – The omission to specify or affirm in this Code any ground of …

Current as of: 2021 | Check for updates | Other versions

The omission to specify or affirm in this Code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension.

o·mis·sion

[əˈmiSH(ə)n, ōˈmiSH(ə)n]

NOUN

1. a person or thing that has been left out or excluded:

"there are glaring omissions in the report"

synonyms:

deletion · cut · exclusion · gap · blank · lacuna · hiatus · oversight

· the action of excluding or leaving out someone or something:

"the omission of recent publications from his bibliography"

synonyms:

leaving out · exclusion · exception · 

[more]

· a failure to do something, especially something that one has a moral or legal obligation to do:

"to pay compensation for a wrongful act or omission"

· City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14

· County: includes city and county. See California Revenue and Taxation Code 15

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“Signature” or “subscription” includes mark. Such mark shall be made as required in the Civil Code.

(Enacted by Stats. 1939, Ch. 154.)

Current as of: 2021 | Check for updates | Othe
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“Person” includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. As used in Division 2 (commencing with Section 6001), “person” shall include, in addition to the items of definition contained in the first sentence, trustee, trustee in bankruptcy, receiver, executor, administrator, or assignee.

(Amended by Stats. 1995, Ch. 679, Sec. 10. Effective October 10, 1995.)