Publications
Publications
Using The “Committee Exception” To Exclude Public Comment At Special Meeting Violates Brown Act
City of Los Angeles violated Brown Act by using the “committee exception” to exclude public comment at a special meeting on an item already considered by a sub-committee.
The City of Lafayette approved an agreement with PG&E which authorized and imposed conditions on the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The City agreed to process the project under Lafayette Municipal Code section 6-1705(b)(S), which authorizes the city to allow removal of a protected tree "to protect the health, safety and general welfare of the community." The trial court dismissed a challenge. The court of appeal reversed in part. Claims asserted under the planning and zoning law (Government Code 65000), the city's general plan, and the city's tree protection ordinance were barred by Government Code 65009(c)(1)(E), as not timely-served.
Public agencies should carefully review the language contained in contracts with private entities to ensure that there are clear provisions addressing the ownership of records and that the obligations are appropriate given the nature of the contract.
ADA Web Accessibility Litigation is on the Rise
In the last couple of years, hundreds of lawsuits against both public and private entities have been filed, and of those, at least 153 arose in California. While the Department of Justice (“DOJ”) has consistently maintained that the ADA applies to websites, federal and state courts are now following suit.
Burke, Williams & Sorensen's comprehensive annual publication of labor and employment updates affecting California public employers.
An Advanced Look at Senate Bill 1421: Analyzing the Confidentiality of Certain Police Records
The Authority, California JPIA Newsletter Issue 81
In Case You Missed It: California Adopted Comprehensive National Origin Regulations
The Authority, California JPIA Newsletter Issue 81
Keeping Up with the Legislature: 2019 Brings Changes to the Fair Employment and Housing Act
The Authority, California JPIA Newsletter Issue 81
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