Publications
Publications
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.
A Police Officer's Appeal Rights
On the Burke Beat - Law Enforcement Liability Update
Prior to the issuance of any disciplinary action, police officers must be given a second bite of the proverbial apple.
Arias v. Raimondo: Ninth Circuit Says Attorney Can Be on the Hook for Retaliation
On the Burke Beat - Law Enforcement Liability Update
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.
Valley Fever Case Affirms that Inmates Cannot Bring Bane Act Claims Against the State
On the Burke Beat - Law Enforcement Liability Update
Court of Appeal says that Bane Act claims do not trump immunities that the state has against inmate claims.
Body Camera Updates: Proposed Legislation and Pay-Per-View Hype
On the Burke Beat - Law Enforcement Liability Update
The Legislature Tries Again: Will California Law Require Disclosure of Officer-Involved Shooting Videos?
On the Burke Beat - Law Enforcment Liaiblity Update
What You Say Online Can and Will Be Used Against You
On the Burke Beat - Law Enforcement Liaiblity Update
Double Trouble? Making Plaintiffs Pay for Duplicative Lawsuits
On the Burke Beat - Law Enforcement Liability Update
Four Thoughts on County of Los Angeles v. Mendez
On the Burke Beat - Law Enforcement Liability Update
No Take Backs: What Happens When an Employee Rescinds a Resignation?
On the Burke Beat - Law Enforcement Liability Update
USERRA Rights and Obligations: Traps for the Unwary Employer
On the Burke Beat - Law Enforcement Liaiblity Update
Internal Affairs: Lopsided Time Limits in San Jose Unified’s Charter Debate
San Jose Mercury News (cited)
On the Burke Beat - Law Enforcement Liability Update
Can a Police Officer be Fired for NOT Shooting?
On the Burke Beat - Law Enforcement Liability Update
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.
Criminal Record Clear for a Civil Suit? Court of Appeal Says Think Again
On the Burke Beat - Law Enforcement Liability Update
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)
Clear as Mud Redux: California Leaves of Absence in the Public Sector
The Authority, CJPIA Newsletter, Issue 59
Plan Must Be Both Established and Maintained By a Church or Its Principal Purpose Organization
DRI ERISA Report, Ninth Circuit Update, 11:3
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