Publications
Publications
Internal Affairs: Lopsided Time Limits in San Jose Unified’s Charter Debate
San Jose Mercury News (cited)
Religious Use of Tobacco in Prisons Up in the Air Following Court of Appeal Ruling
On the Burke Beat: Law Enforcement Liability Update
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.
On the Burke Beat: Law Enforcement Liability Update
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.
Victoria Zetwick v. County of Yolo
On the Burke Beat: Law Enforcement Liability Update
When can hugs lead to a sexual harassment lawsuit against a supervisor in the Sheriff’s Department? Read here to find out.
Land Use: The New Arena in the Struggle between Independence and Accountability for Charter Schools
Education Law Alert
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.
Pay to Stay Jails: A Good Idea?
On the Burke Beat: Law Enforcement Liability Update
One controversial but innovative solution to alleviate overcrowding and to refill the public coffers is "pay to stay" custody facilities.
Supreme Court Preview: County of Los Angeles v. Mendez
On the Burke Beat: Law Enforcement Liability Update
Can an officer be held liabile for reasonable use of force that he allegedly provoked?
Finally! A Court's Crackdown on Overbilling by a Plaintiffs' Firm Exposes an Alleged Fraud
On the Burke Beat: Law Enforcement Liability Update
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?
Los Angeles Times (quoted)
On the Burke Beat: Law Enforcement Liability Update
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.
Restricting Marijuana Investment by Law Enforcement Personnel
On the Burke Beat: Law Enforcement Liability Update
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?
To Hire or Not To Hire a Felon: A Case Study in the NCAA
On the Burke Beat: Law Enforcement Liability Update
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.
Too Poor to Pay? How to Handle Costs When Plaintiffs Claim They Are Penniless
On the Burke Beat: Law Enforcement Liability Update
What happens if a party proceeds with the lawsuit, loses, and then cliams he cannot pay?
Courts Reject Attempts to Exempt Charter Schools from Local Zoning Requirements
Education Law Alert
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."
Courts: Only District Can Zone Charter Schools
San Francisco Daily Journal (quoted)
Brown Act Compliance Manual for Special Districts
California Special Districts Association
Clear as Mud Redux: California Leaves of Absence in the Public Sector
The Authority, CJPIA Newsletter, Issue 59
November 2016 Prison Break - Correctional Liability Update
Early Mediation: A Litigator's Viewpoint
Rules of Law: Tips for Enforcing Rules Against Pro Se Litigants
Shepard v. Quillen: Can a Prison Official Place an Inmate in Administrative Segregation Simply for Reporting Staff Misconduct?
Use of Audio and Video Footage to Oppose Pitchess Motions
Preparing for 2017: California Legislative Update
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.
2016 Legal Trends
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.
Update on Significant California Public Law Cases
USC Sol Price School of Public Policy Newsletter
October 2016 Prison Break - Correctional Liability Update
Strategic Censoring of Speech to Keep the Peace in Custodial Settings
Workplace Harassment Prevention Training is Now Mandatory for Elected Officials
Employment Law Update
With sexual harassment claims against elected officials on the rise, Governor Brown recently signed AB 1661, which mandates workplace harassment training for local elected officials.
September 2016 Prison Break - Correctional Liability Update
Pregnancy and Prison
Use of Force to Gain Compliance
Mulligan v. Nichols: Government Officials Have First Amendment Protections Too
Livermore Charter Schools, School District Battle Over Rumors
East Bay Times (cited)
Fact Sheet: 1,2,3-Trichloropropane and What it Means for Your Water Supply System
Currently, over 200 water supply systems in California have reported TCP detections in groundwater in over 300 hundred wells. Review this fact sheet to find out if your city's water system is affected and what to do to make sure you are in compliance when the new Maximum Contaminant Level (MCL) is adopted.
August 2016 Prison Break - Correctional Liability Update
Fake It 'Till You Make It? The Problem of Inmates Posing as Attorneys
Policing the Police Through Private Insurance
Ninth Circuit Extends Kingsley, Makes it Easier for Pretrial Detainees to Sue for Deliberate Indifference
Stay the Course: Why Law Enforcement Agencies Should Resist the Calls of Critics Who Want to Restrict Officers' Ability to Protect Themselves
July 2016 Prison Break - Correctional Liability Update
Using a Legal Beagle's Litigation History Against Him
For Whom the Statute of Limitations Tolls
Ninth Circuit Reinstates Consent Decree for Wiccan Prisoner
Seeing is Believing: The Power of Video Evidence in Civil Litigation
Social Media and the Workplace
Today's Insurance Professionals
Social media has changed every aspect of our society, including the workplace. Employers are struggling to keep up with all aspects of social media, including positive uses of social media for things like marketing and recruitment, to the negative issues presented by social media such as employee misconduct and invasions of privacy. The laws related to social media and the workplace continue to develop as lawmakers and courts attempt to keep up with the ever-changing face of social media. This article highlights some of the current issues facing employers.
Charter Bill Reveals Potential to Widen Divide with LEA's
Education California: The Official Newspaper of the Association of California School Administrators
June 2016 Prison Break - Correctional Liability Update
Ross v. Blake: Reinforcing or Undermining the Prison Litigation Reform Act (PLRA)
Joints in the Joint? An Overview of Medical Marijuana in the Correctional Context
More Changes on the Way for California's Overcrowded Prisons
A 5-Minute Guide to Defending Small Claims Litigation