In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”). Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times. A former
Peace Officer Certification Standards Have Changed, and Decertification is Likely on the Horizon
All California peace officers must meet initial standards set by the Commission on Police Officer Standards and Training (POST). Those standards have recently been expanded, and more change may be coming.
AB 846, effective January 1, 2021, modified Government Code section 1031 to require that a peace officer be free of bias against race or
LCW to Present Nine Workshops at the 2020 Annual CALPELRA Virtual Conference
We are pleased to present and sponsor the 2020 Annual CALPELRA Conference taking place virtually this week (November 16 – 20)! Don’t miss our nine scheduled conference presentations by our expert speakers. Topics include negotiating in difficult times, telecommuting issues, public safety disability accommodations, and much, much more.
November 16
10:15am – 11:00am || The
Governor Newsom’s Extension of the Public Safety Officer Bill of Rights Act One Year Statute of Limitations in Jeopardy Following Sutter County Superior Court Decision
Since Gove
rnor Gavin Newsom declared a state of emergency in response to the COVID-19 pandemic on March 4, 2020, he has issued more than 50 executive orders. Some of those orders directly impact existing statutory law.
In a recent challenge to Governor Newsom’s Executive Order N-67-20 on elections, Sutter County Superior Court Judge Sarah
The Top Five Public Safety Blogs of 2020 (So Far)
We’re rounding up the top 5 public safety blogs of 2020, with topics ranging from formerly incarcerated persons being trained as firefighters, COVID-19 testing in law enforcement settings, and much more! If you’re still wanting to learn more about recent public safety legislation, be sure to check out our Webinar-on-Demand, “2021 Legislative Update for
Issues Public Employers Face During Mass Protest – Question and Answer
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