Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country. Many people feel compelled to speak openly and passionately about an issue of national importance. Public employees likely wish to express their views as well, and this includes not
COVID Briefing: COVID-19 Testing and Law Enforcement
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
As the COVID-19 pandemic continues, law enforcement professionals bravely continue to perform their duties and come in regular contact with the public, potentially exposing themselves to the virus. Concerned for the safety of their officers and the communities they serve, law
COVID Briefing: Legal Issues with Taking Employee Temperatures
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
A fever, which is defined by the Centers for Disease Control and Prevention (CDC) as 100.4°F/38°C or higher, is a symptom and key indicator of COVID-19. Many employers, including law enforcement agencies, are already taking or are considering taking employees’ temperatures
UPDATE: March 30, 2020, Governor Newsom Issues Executive Order Extending One-Year Statute of Limitations for Administrative Investigations of Police Officers
On March 30, 2020, Governor Gavin Newsom issued Executive Order N-40-20 which extends various statutory deadlines due to the State of Emergency in California relating to the COVID-19 pandemic. Under the Executive Order, the deadline specified in Government Code section 3304(d) for opening and completing investigations of alleged misconduct by public safety officers is extended
AB 1599 Seeks To Modify SB 1421, Potentially Further Expanding Public Access to Peace Officer Records Related to Sexual Assault
On January 7, 2020, Assemblyman Jordan Cunningham (R-San Luis Obispo) reintroduced Assembly Bill 1599, which proposes to expand upon Senate Bill 1421 by making more records relating to officer-involved sexual assault available to the public. SB 1421 changed the status quo by amending Government Code section 832.7 to generally allow disclosure of records related to
First Responders & Residency Requirements
Residency requirements for public employees is a long-standing concept that has been experiencing a resurgence. In the 1970s, numerous legal challenges were brought against municipalities that required employees to reside in the city or county where they were employed. In 1972, the California Supreme Court found the City of Torrance residency requirement was unconstitutional. In
California Supreme Court Holds that Law Enforcement Agency May Disclose “Brady List” to Prosecutors Notwithstanding Pitchess Statutes
In a unanimous decision published today, the California Supreme Court held that the Los Angeles County Sheriff’s Department (LASD) could share with prosecutors the names of deputies on its “Brady list” in particular cases without seeking a court order after a Pitchess motion. The Court held that the LASD would not violate Pitchess “by
Governor Newsom Signs Police Use-of-Force Bill AB 392
On Monday morning, August 19, 2019, Governor Newsom signed California Assembly Bill 392, a police use-of-force bill that redefines the circumstances under which the use of lethal force by a peace officer is considered justifiable. The law is intended to encourage law enforcement to increasingly rely on alternative methods such as less-lethal force or de-escalation
Three is Company: Police Departments Usage of Drones and Robots and What it Means for Employer-Employee Relations
This post was authored by Alysha Stein-Manes and Daniel Seitz
Remote surveillance is an area of expanding interest for law enforcement agencies. Police departments continue to equip their sworn officers with body-mounted video cameras (“body cams”), and, in California, the Legislature has begun to regulate discoverability of body cam footage. Agencies in California and across
Budget Trailer Bill SB 94 Clears Up Ambiguity Regarding Public Access to Body Camera Videos, Amending AB 748
This blog post was authored by J. Scott Tiedemann & Lars T. Reed
On Thursday, June 27, 2019, Governor Newsom signed into law the new State Budget as well as accompanying budget trailer bills. One of the budget trailer bills, Senate Bill 94, contains clean-up language for provisions added to