Publications

Publications

Publications

October 25, 2018

Court of Appeal Clarifies Statute of Limitations in Police Discipline Matters, Clearing Way for Disciplinary Proceedings in Racist Texting Case

The Authority, CJPIA Newsletter, Issue 80

Kristina Doan Strottman

On June 22, 2017, the California Court of Appeal published a decision in Rain Daugherty v. City and County of San Francisco, denying nine officers' claim that the disciplinary notices that were issued against them were untimely and in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA).[1] The Court of Appeal emphasized that the statute of limitations does not begin to run until the alleged misconduct is discovered by a person authorized to initiate an investigation. It also held that the statute of limitations is tolled during a criminal investigation.  

October 2018

Public Employees Can Use Employer E-Mail for Protected Communications During Non-Work Time

The Authority, CJPIA Newsletter, Issue 80

Monica Sanchez McQueen, Pooja V. Patel

On May 25, 2018, the Public Employment Relations Board ("PERB") in Napa Valley Community College District[1], expanded the rights of public employees to use their employer's e-mail system for "protected communications" and disapproved of prior precedent on this point. PERB held that public "employees who have rightful access to their employer's e-mail system in the course of their work have a right to use the e-mail system to engage in [Educational Employment Relations Act] EERA-protected communications on nonworking time."[2] Although the case was decided under the EERA and involved a Community College District employer, this ruling is also applicable to other public sector employers including cities, counties and special districts subject to the Meyers-Milias-Brown Act ("MMBA").

October 2018

New Law Establishes Several New Protections For Employees Bringing Harassment Claims

New Law Establishes Several New Protections For Employees Bringing Harassment Claims

Samantha W. Zutler, Yi-Fan (Yvonne) C. Everett

Governor Brown recently signed SB 1300, the Omnibus Sexual Harassment Bill, into law. The law will take effect on January 1, 2019. Like the remainder of FEHA, these changes will apply to all public employers and most private employers. These new standards will make it much easier for plaintiffs to file and litigate harassment claims against employers and make it much more difficult for employers to defeat harassment claims on summary judgment.

August 2018

Aftermath of the Janus v. AFSCME Decision

The Authority, California JPIA Newsletter Issue 78

Joel Moon, Kelly A. Trainer

August 2018

Understanding Dynamex: The Public Employer Perspective

The Authority, California JPIA Newsletter Issue 78

Daphne M. Anneet

May 4, 2018

Gender Issues from the Law and Order Perspective

League of California Cities Conference (authored written materials)

Kristina Doan Strottman

May 2018

Preparing for Changes: California Legislative Update

The Authority, California JPIA Newsletter Issue 75

Joel Moon, Kelly A. Trainer

April 4, 2018

Chico Unified Board Approves Blue Oak Charter Renewal

Chico Enterprise-Record (cited)

John R. Yeh

February 2018

Charter Schools Must Obtain Approval of Additional School Sites through a Material Revision, Not Renewal, of their Charter

John R. Yeh

Charter schools seeking approval of additional school sites must do so through a material revision of their charter, and not through the charter renewal process, a California Court of Appeal has ruled.

February 2018

Is Your Harassment Prevention Training Legally Compliant?

The Burke Beat

Traci I. Park, Kelly A. Trainer, Meaghan A. Snyder

February 2018

Three Keys to Preventing Workplace Harassment: Training, Leadership and Accountability

California Special District Magazine

Traci I. Park, Kelly A. Trainer

2017

Brown Act Compliance Manual for Special Districts

California Special Districts Association

Donald M. Davis, Kane Thuyen

This manual provides special districts with guidelines and tips for complying with the various meeting agenda, notice, public participation, and public reporting requirements of the Brown Act.