Elizabeth H. Silver

Overview

Elizabeth (Libby) Silver, a founding Principal, has practiced municipal law since 1975. She served as City Attorney for the City of Dublin from 1990 to 2008 and the City of Oakley from 1999 to 2005. Libby served as the interim City Attorney for the City of Santa Clara from November, 2009 to October, 2011. Libby’s practice emphasizes municipal revenue and tax issues, land use law, and personnel and retirement law.

Libby has extensive experience with municipal revenue sources, including developer impact fees, assessments and taxes. She has advised a number of cities regarding the legal requirements to adopt development impact fees for transportation, parks, public facilities, fire, water, sewer and drainage improvements. Throughout her career, Libby has: advised clients on assessments, including Landscaping and Lighting Act assessments; prepared ballot measures to approve general or special taxes and advised on Proposition 218 requirements; and assisted four newly incorporated cities in disputes with counties over the amount of property tax transferred to the new city upon annexation. She has also represented one new city in its successful challenge to the revenue neutrality condition imposed upon incorporation. Libby has represented numerous cities throughout the state in litigation against counties concerning the distribution of municipal court revenues and in litigation concerning the validity of property tax and criminal justice administration fees.

Libby’s practice includes significant land use experience as well. She has provided advice regarding numerous general plan amendments, adoption of specific plans and related rezonings, and the myriad day-to-day land use issues that face developing cities. She has negotiated and drafted numerous development agreements, annexation agreements and other land use agreements. She has assisted in processing a number of annexations, including two annexations of over 2,600 acres. She has also tried writ of mandate actions raising general plan challenges.

Libby’s labor and personnel experience includes a number of grievance arbitrations and a lengthy interest arbitration for a charter city. In addition, she has represented cities in litigation involving retirement issues and has served as counsel for the class representative for all cities contracting with the Public Employees Retirement System (PERB). She has also represented cities and fire districts throughout the process of “consolidating” departments.

Libby has been a speaker at various League of California Cities conferences, including the Annual Conference, the Mayor and Council Members’ Executive Forum, the City Attorneys’ Spring Conference, the Financial Management Seminar, the Employee Relations Institute, and the City Attorneys’ Continuing Education seminars. She has served as chair of the League’s City Attorneys’ Department Public Records Act Committee, vice chair and chair of the Legislation Committee and a member of the Nominating Committee. She is a former president of the Bay Area City Attorneys’ Association.