Areas of Practice
Mr. Toy has been working in the areas of elections, public works and facilities, construction litigation, and real property acquisition since 1984. Mr. Toy also has expertise in the technical areas unique to school and community college districts that include Brown Act requirements, Public Records Act requirements, and legislative matters.
Mr. Toy provides legal advice on constitutional matters impacted by elections. He represents numerous school and community college districts regarding boundary adjustments, consolidations, trustee area elections, and city charter provisions regarding school and community college elections.
Public Works and Facilities
In public works and facilities, Mr. Toy has participated in negotiations and document drafting on behalf of schools and community colleges with both private and public entities. He has worked with a community college district to utilize surplus federal property as student dormitories with the management expertise of a private company. As part of Mr. Toy’s advisory role to public agencies, he reviews contract language to ensure the agencies’ best interests are met. Mr. Toy’s goal is to support rapid and efficient document review and drafting while looking out for the agencies’ best interests.
In the area of construction litigation, Mr. Toy has clients with both new construction and remodeling projects. Expertise in both types of projects is critical, especially with multi-million dollar complex bond issues. Mr. Toy has made in-service presentations regarding the roles of project managers, construction managers and program managers, and their relationship to the traditional public agency facilities department, architect, inspector, and general contractor.
Over the years, Mr. Toy has closed millions of dollars of property acquisitions, both by negotiation and eminent domain. This property acquisition experience includes in part the preliminary grant drafting to help community colleges obtain federal and state financial assistance in the property acquisition process.
Mr. Toy has acted as general counsel to school districts and community college districts in connection with district participation in general obligation bond issues and other financings, and the use of the proceeds for construction projects and real property acquisitions. Mr. Toy has many years of direct experience in school facility planning in negotiating mitigation agreements with private developers. These mitigation agreements have been the basis for highly successful school facilities financings, site acquisitions, and school construction.
Mr. Toy has assisted numerous school districts in working with bond counsel to create Mello-Roos districts and to sell Mello-Roos bonds. Our firm has also helped school districts to conduct general obligation bond elections and assisted in the sale of bonds, notes and certificates of participation, both at negotiated sales and by competitive bid.
In representing his school district clients in these matters, Mr. Toy makes recommendations as to the legal nature of financing; assists the school district in calling for necessary elections, including helping to prepare the necessary resolutions and election statements; assists in calling for competitive bids, including the preparation of necessary resolutions; helps to compile an Official Statement and participating in due diligence meetings; renders necessary legal opinions; and provides timelines for accomplishing the above.
- California State Bar
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court in all California Districts
- Member, National Association of Bond Lawyers
- Member, Communtiy College Facility Coalition
- Member, Public Law Section, California State Bar
Publications and Presentations
- Coalition for Adequate School Housing and Association of California Construction Managers presenter on public works finance and construction maters.
- Frequent presenter at in-service training for staff and administrators on public works finance and construction matters.
- B.A., University of California, Berkeley, 1980 (Economics and Statistics)
- J.D., University of California, Berkeley, 1983