On July 3, 2019, Governor Gavin Newsom signed into law a bill that extends California’s workplace and school discrimination protections to cover race-related traits, including hair. SB-188 expands the definition of “race” under the Fair Employment and Housing Act and the nondiscrimination provisions of the Education Code. Effective January 1, 2020, “race” will include “traits
Court of Appeal Holds That Actual Notice Must Be Provided to Police Officer Within the 1-Year POBRA Statutory Timeframe
On November 13, 2014, the Third Appellate District in Earl v. State Personnel Board held that the notice of intended discipline required to be given to a public safety officer under Government Code Section 3304(d) must actually be provided to the officer within the one-year statute of limitations.
Subject to certain exceptions, Government Code Section
California Supreme Court to Hear Issue of Peace Officer Personnel Files
On August 11, 2014, the Court of Appeal in People v. Superior Court (Johnson) considered the interplay between the United States Supreme Court’s 1963 decision in Brady v. Maryland, which requires the prosecution’s disclosure of evidence that is favorable and material to the defense (including evidence of dishonesty, bias or moral turpitude on the
5 Lessons I Learned at Harvard’s Kennedy School This Summer
This summer I had the opportunity to attend Harvard Kennedy School of Government’s Senior Executives in State and Local Government course. It is a 3-week class designed to help state and local government officials, and those of us who serve them, effectively manage operations and employees; and to hone skills to exercise leadership in an
U.S. Supreme Court Says Police Need Search Warrant to Search Cell Phones
On June 25, 2014, the U.S. Supreme Court ruled unanimously in the case of Riley v. California, that police may not generally search the cell phones of people they arrest without first getting search warrants. Should the police confront an authentic “now or never” situation, Chief Justice Roberts wrote, they may be entitled to
Covered Bay Area Employers Must Provide Commuter Benefits By September 30, 2014
In 2012, Governor Brown signed Senate Bill 1339 into law which authorized the implementation of a pilot program in the San Francisco Bay Area on commuter benefits. Senate Bill 1339 authorizes the Bay Area Air Quality Management District (“Air District”) and the Metropolitan Transportation Commission (“MTC”) to adopt a joint “commuter benefit ordinance” that requires
California Supreme Court Will Review Whether Firefighters Have Right to Review and Respond to Adverse Comments in Supervisor’s Daily Log.
On February 26, 2014, the California Supreme Court agreed to review the Court of Appeal decision in Poole v. Orange County Fire Authority.
Given the nearly identical language in the Public Safety Officers Bill of Rights Act (“POBR”) as in the Firefighters’ Procedural Bill of Rights Act (“FBOR”), this case will affect law enforcement
The Public Records Act: Maintenance of Records and Maintenance of Recordings Public Meetings
The following questions, which implicate the Public Records Act, are frequently asked: how long does an agency need to retain and maintain public records? How long does an agency need to retain the recordings of public meetings?
The purpose of the Public Records Act (PRA) is to give the public access documents and other stored
A “Like” on Facebook is Protected Speech Under the First Amendment
“Liking” something on Facebook is a form of speech protected by the First Amendment, the U.S. Court of Appeals ruled in Bland et al. v. Roberts, Appeal Number 12-1671, on September 18, 2013. In doing so, the Court sided with three of six former deputy sheriffs in Virginia who sued for free speech violations
Untimely Administrative Complaint Can Save an Agency from Liability if the Continuing Violation Doctrine Does Not Apply
Many agencies have had the experience of being served with a complaint of harassment, discrimination and/or retaliation filed by an employee with the California Department of Fair Employment & Housing (“DFEH”). Filing such an administrative complaint is a prerequisite to suing in court for damages. There are deadlines associated with an employee’s ability to bring