Publications

Publications

Publications

2017

Brown Act Compliance Manual for Special Districts

California Special Districts Association

Donald M. Davis

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.

August 2017

A Police Officer's Appeal Rights

On the Burke Beat - Law Enforcement Liability Update

Lillian Kae Yoo

Prior to the issuance of any disciplinary action, police officers must be given a second bite of the proverbial apple.

August 2017

Arias v. Raimondo: Ninth Circuit Says Attorney Can Be on the Hook for Retaliation

On the Burke Beat - Law Enforcement Liability Update

Susan E. Coleman

Any adverse action taken by the attorney on behalf of his/her employer client may potentially form the basis for an employee retaliation suit under the FLSA.

August 2017

Valley Fever Case Affirms that Inmates Cannot Bring Bane Act Claims Against the State

On the Burke Beat - Law Enforcement Liability Update

Kristina Doan Gruenberg

Court of Appeal says that Bane Act claims do not trump immunities that the state has against inmate claims.

July 2017

Body Camera Updates: Proposed Legislation and Pay-Per-View Hype

On the Burke Beat - Law Enforcement Liability Update

Nathan A. Oyster

The Legislature Tries Again:  Will California Law Require Disclosure of Officer-Involved Shooting Videos?

July 2017

What You Say Online Can and Will Be Used Against You

On the Burke Beat - Law Enforcement Liaiblity Update

Kelly A. Trainer, Traci I. Park

June 2017

Double Trouble? Making Plaintiffs Pay for Duplicative Lawsuits

On the Burke Beat - Law Enforcement Liability Update

Kristina Doan Gruenberg

June 2017

Four Thoughts on County of Los Angeles v. Mendez

On the Burke Beat - Law Enforcement Liability Update

Nathan A. Oyster

June 2017

No Take Backs: What Happens When an Employee Rescinds a Resignation?

On the Burke Beat - Law Enforcement Liability Update

Mitchell A. Wrosch

June 2017

USERRA Rights and Obligations: Traps for the Unwary Employer

On the Burke Beat - Law Enforcement Liaiblity Update

Susan E. Coleman, Brian I. Hamblet

May 2017

Can a Police Officer be Fired for NOT Shooting?

On the Burke Beat - Law Enforcement Liability Update

Nathan A. Oyster

Learn about the fatal officer-involved shooting of an African-American man in a West Virginia town and what happened to the first officer on scene, who did not fire his gun.

April 2017

Religious Use of Tobacco in Prisons Up in the Air Following Court of Appeal Ruling

On the Burke Beat: Law Enforcement Liability Update

Kristina Doan Gruenberg

A trial court granted a Native American inmate’s petition to use tobacco during religious ceremonies. Find out why the California Court of Appeal reversed this decision.

April 2017

Tactics Matter: How An Otherwise Lawful Officer-Involved Shooting Can Give Rise to Liability Based on an Officer’s Pre-Shooting Conduct

On the Burke Beat: Law Enforcement Liability Update

Nathan A. Oyster

With the debate raging over de-escalation requirements in use of force policies, some law enforcement officers and management personnel may be surprised to learn that civil juries can already take into account an officer’s pre-shooting conduct in evaluating whether an officer-involved shooting was reasonable.  Read on to find out more.

April 2017

Victoria Zetwick v. County of Yolo

On the Burke Beat: Law Enforcement Liability Update

Paloma P. Peracchio

When can hugs lead to a sexual harassment lawsuit against a supervisor in the Sheriff’s Department? Read here to find out.

April 2017

Land Use: The New Arena in the Struggle between Independence and Accountability for Charter Schools

Education Law Alert

John R. Yeh

The California Charter Schools Act (Education Code section 47600 et seq.) remains an uneasy joust between two competing principles enunciated in the statute: independence and accountability.

March 2017

Pay to Stay Jails: A Good Idea?

On the Burke Beat: Law Enforcement Liability Update

Susan E. Coleman

One controversial but innovative solution to alleviate overcrowding and to refill the public coffers is "pay to stay" custody facilities.

March 2017

Supreme Court Preview: County of Los Angeles v. Mendez

On the Burke Beat: Law Enforcement Liability Update

Kristina Doan Gruenberg

Can an officer be held liabile for reasonable use of force that he allegedly provoked?

March 2017

Finally! A Court's Crackdown on Overbilling by a Plaintiffs' Firm Exposes an Alleged Fraud

On the Burke Beat: Law Enforcement Liability Update

Nathan A. Oyster

What happens when you mix a plaintiffs' lawyer who sought over $1.5 million in fees for document review, a judge who wasn't buying it, and the surprising revelation that the attorney had been disbarred years earlier?

February 2017

Atkins v. City of Los Angeles

On the Burke Beat: Law Enforcement Liability Update

Mitchell A. Wrosch

Court of Appeal upholds LAPD recruits' failure to provide reasonable accomodation claim based upon recruits' abilities to perform light-duty work. A summary of Atkins v. City of Los Angeles.

February 2017

Restricting Marijuana Investment by Law Enforcement Personnel

On the Burke Beat: Law Enforcement Liability Update

Susan E. Coleman

The use, manufacture, possession, and distribution of marijuana, as well as investment of capital into marijuana-related business, still remains illegal under federal law. So what does that apparent conflict in the law mean for employers?

Feburary 2017

To Hire or Not To Hire a Felon: A Case Study in the NCAA

On the Burke Beat: Law Enforcement Liability Update

Lillian Kae Yoo

Should an agency allow the hiring of an individual with a criminal record, they must be cautions that they do not unwittingly discriminate against a protected class under either the disparate treatment or disparate impact theories.

February 2017

Too Poor to Pay? How to Handle Costs When Plaintiffs Claim They Are Penniless

On the Burke Beat: Law Enforcement Liability Update

Kristina Doan Gruenberg

What happens if a party proceeds with the lawsuit, loses, and then cliams he cannot pay?

February 2017

Courts Reject Attempts to Exempt Charter Schools from Local Zoning Requirements

Education Law Alert

John R. Yeh

Two recent cases confirm that only school districts can exercise Government Code section 53094's power to exempt classroom facilities from local zoning requirements.  That statute provides that "the governing board of a school district ... by a vote of two- thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district."

January 26, 2017

Courts: Only District Can Zone Charter Schools

San Francisco Daily Journal (quoted)

John R. Yeh

December 20, 2016

Plan Must Be Both Established and Maintained By a Church or Its Principal Purpose Organization

DRI ERISA Report, Ninth Circuit Update, 11:3

Nancy Jerian Marr

November 2016

Preparing for 2017: California Legislative Update

Kelly A. Trainer, Joel Moon

As is the norm, a new year will bring new laws for California employers. This article outlines several key laws signed by Governor Brown during the 2015-2016 California legislative session that will likely affect public employers.

Fall 2016

2016 Legal Trends

2016 Legal Trends

Jack P. Lipton, Ph.D., Timothy L. Davis, Katy A. Suttorp, Kelly A. Trainer, Daphne M. Anneet, Monica Sanchez McQueen, Sheila Delshad, Janae H. Novotny, Janet Cory Sommer, Traci I. Park, Cheryl L. Johnson-Hartwell, Mitchell A. Wrosch, Kristina Doan Gruenberg, Brian S. Ginter, Ulysses Aguayo, Paloma P. Peracchio, David A. Rosenthal, Samantha W. Zutler, Lillian Kae Yoo, Amber N. Morton

Burke is pleased to produce Legal Trends. The purpose of Legal Trends is to inform public sector employers about key areas of labor and employment law, and to inform public agencies about new developments in these areas of law. Burke has a remarkable combination of experience in California public relations and employment law, involving the representation of numerous cities, school districts, and other public entities. Burke plans to continue to provide this vital publication to public sector employers in the years to come.

November 1, 2016

Update on Significant California Public Law Cases

USC Sol Price School of Public Policy Newsletter

Donald M. Davis, Kane Thuyen