Publications

Publications

Publications

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

2017

Brown Act Compliance Manual for Special Districts

California Special Districts Association

Donald M. Davis

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

October 2016

Workplace Harassment Prevention Training is Now Mandatory for Elected Officials

Employment Law Update

Kelly A. Trainer, Traci I. Park

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 21, 2016

School Board Talks ROP

Chico Enterprise-Record (cited)

John R. Yeh

September, 2016

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.

Gregory J. Patterson

September 9, 2016

Selling voters on local tax measures

San Francisco Daily Journal

Thomas B. Brown, Will Swaim

August 2016

August 2016 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Nathan A. Oyster, Lillian Kae Yoo

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
 

Summer 2016

Social Media and the Workplace

Today's Insurance Professionals

Traci I. Park, Kelly A. Trainer

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.

June 27, 2016

Charter Bill Reveals Potential to Widen Divide with LEA's

Education California:  The Official Newspaper of the Association of California School Administrators

John R. Yeh

June 2016

June 2016 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Scott M. Nenni, Nathan A. Oyster

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

June 13, 2016

Court of Appeal Issues Important Clarification of Summer Unemployment Benefits for School Employees

Education Law Alert

John R. Yeh

The California Court of Appeal has issued a significant ruling on the rights of school district employees to obtain unemployment benefits during the summer, ruling that substitute teachers and classified employees who receive "reasonable assurance" of returning during the succeeding academic year were not eligible for unemployment benefits for the summer, even if they were unable to obtain employment during the summer school session.

June 9, 2016

Court of Appeal Rules that Personnel Investigations are Privileged

Employment Law Alert

Samantha W. Zutler

On June 8, 2016, the Court of Appeal, First District, ruled that a personnel investigation, performed by an outside attorney investigator, is protected by the attorney-client privilege and the work-product doctrine. City of Petaluma v. Superior Court (Cal. App. 1st Dist. June 8, 2016, No. A145437).

May 2016

May 2016 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg

Stopping the Runaway Jury
The Ninth Circuit Holds that Prohibiting the Possession of Marijuana Does Not Violate teh RFRA:  An Analysis of Oklevueha Native American and Church of Hawaii, Inc., Michael Rex Mooney v. Lynch, et al.
Hamby v. Hammond: The Power of Qualified Immunity in Eighth Amendment Indifference Cases