Publications
Publications
The Authority, CJPIA Newsletter, Issue 80
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.
Public Employees Can Use Employer E-Mail for Protected Communications During Non-Work Time
The Authority, CJPIA Newsletter, Issue 80
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").
New Law Establishes Several New Protections For Employees Bringing Harassment Claims
New Law Establishes Several New Protections For Employees Bringing Harassment Claims
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.
The Authority, CJPIA Newsletter, Issue 79
Development Agreements are Meant to be Handled by Local Governing Bodies, not the Initiative Process
Aftermath of the Janus v. AFSCME Decision
The Authority, California JPIA Newsletter Issue 78
Understanding Dynamex: The Public Employer Perspective
The Authority, California JPIA Newsletter Issue 78
Gender Issues from the Law and Order Perspective
League of California Cities Conference (authored written materials)
Preparing for Changes: California Legislative Update
The Authority, California JPIA Newsletter Issue 75
Chico Unified Board Approves Blue Oak Charter Renewal
Chico Enterprise-Record (cited)
Electronic Discovery in Construction Disputes - Pitfalls for the Unwary
Best of the Best USA Expert Guides
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.
Is Your Harassment Prevention Training Legally Compliant?
The Burke Beat
Three Keys to Preventing Workplace Harassment: Training, Leadership and Accountability
California Special District Magazine
Brown Act Compliance Manual for Special Districts
California Special Districts Association
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.
New Bill Reflects California’s Desire to Change Outdated Workplace Norms
Sexual harassment in the workplace isn’t a novel issue. But in conjunction with the fall of Harvey Weinstein and the rise of the #metoo movement, researchers are finding out just how much it happens. Everywhere.
Burke, Williams & Sorensen's comprehensive annual publication of labor and employment updates affecting California public employers.