This post was authored by Laura Schulkind, Jenny Denny and Eileen O’Hare-Anderson
Many of you are facing tremendous challenges with the current fires in both ends of the state. We wish we could stand next to you and be …
Category Archives: Public Safety Issues
Subscribe to Public Safety Issues RSS FeedGovernor Signs SB 1421 and AB 748, Dramatically Increasing Public Access to Peace Officer Personnel Records
Posted in Public Safety Issues
This post was authored by Paul D. Knothe.
On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of legislation, Senate Bill 1421 and Assembly Bill 748, that will require major changes in how law enforcement …
U.S. Appeals Court Tells Public Employers to Stay Out of Employee’s Bedrooms
Posted in Employment, Privacy, Public Safety Issues
This blog was authored by Megan Lewis.
Earlier this month, in Perez v. City of Roseville, the U.S. Court of Appeals held that terminating a police officer for engaging in an off-duty, extramarital affair with a co-worker could violate …
California Supreme Court Lets Stand New Case on Officers’ Rights to Discovery Prior to Second Interrogation
Posted in Appeals, Privacy, Public Safety Issues
On October 18, 2017, the California Supreme Court denied review of Santa Ana Police Officers Association, et al. v. City of Santa Ana et al., a decision from the Fourth District Court of Appeal involving information (sometimes referred to as …
Is Your Agency’s Disciplinary Appeal Process Compliant With POBRA? You Might Be Surprised
Posted in Labor Relations, Litigation, Public Safety Issues, Workplace Policies
A California Court of Appeal recently found that the City and County of San Francisco’s disciplinary procedure for police officers is not compliant with the Public Safety Officers Procedural Bill of Rights Act (“POBRA”), which requires that all California law …
Discipline for Officer-Provoked Force Incidents after County of Los Angeles v. Mendez
Posted in Public Safety Issues
This post was authored by Paul Knothe and Kaylee Feick
On May 30, 2017, the United States Supreme Court issued a decision in County of Los Angeles v. Mendez. LCW attorneys, J. Scott Tiedemann and Leighton Henderson, submitted an …
California Legislation Seeks to Limit Public Agency Activities Surrounding Immigration Enforcement and Religious Freedom
Posted in Education, Employment, Legislation, Public Safety Issues
In December 2016, shortly after the November 8 presidential election, members of the California Legislature introduced for consideration a series of bills addressing immigration enforcement. Within the series, three bills would place limitations on a public agency’s ability to participate …
Discontinuation of a Long-Standing Practice of Accommodating Disabled Employees through Light-Duty May Be a Violation of FEHA
Posted in Public Safety Issues, Retirement
This post was authored by Jennifer Rosner
In a recent decision by a California Court of Appeal, a Court held that it was not unreasonable for the City of Los Angeles to assign temporarily injured recruit officers to light-duty administrative …
For Better or Worse: Ten Years of the Firefighters Procedural Bill of Rights Act
Posted in Public Safety Issues
In 2007, the Firefighters Procedural Bill of Rights Act (FBOR) was enacted after several years of unsuccessful attempts to pass similar legislation. Although the FBOR is modeled after the longstanding Public Safety Officers Procedural Bill of Rights Act (POBR) [Gov. …
Court of Appeal Rules Custodial Deputies are Exempt from CCW Permit Requirement
Posted in Public Safety Issues
In Stanislaus County Deputy Sheriffs’ Association v. County of Stanislaus, decided August 11, 2016, the California Court of Appeal, Fifth Appellate District, held that custodial deputies may lawfully carry concealed firearms while off duty without obtaining a CCW permit, …
FBOR ‘Performance of Official Duties’ – Seibert v. City of San Jose Addresses What this Provision Means, Although Questions Remain
Posted in Employment, Public Safety Issues
Recently, the California Court of Appeal published its first case interpreting the unique provision of the Firefighters Procedural Bill of Rights Act (FBOR) limiting the statute’s procedural employee protections “to the events and circumstance involving the performance of official duties.” …
Ninth Circuit Clarifies Analysis of Reasonableness of Use of Force by Police
Posted in Public Safety Issues
Law enforcement agencies’ policies, in accordance with U.S. Supreme Court precedent, uniformly require that force used by officers be objectively reasonable under the circumstances. When considering disciplining an officer for violating a use of force policy, it is therefore critical …
Court of Appeal Provides Guidance on the Timing of Notice to Officers “Prior To” an Interrogation Under the POBR
Posted in Public Safety Issues
This post was authored by Laura Kalty and Danny Yoo.
The Court of Appeal issued its decision in Ellins v. City of Sierra Madre,[1] which provides public agencies with guidance on when to disclose the nature of …
City May Recoup Costs From Former Peace Officer For Peace Officer Standards And Training (“POST”) Certification
Posted in Public Safety Issues
On August 12, 2015, the Court of Appeal for the Fourth District held that police officers’ agreement to reimburse a city for training costs if they quit within five years was valid only to the extent the training related to …
Attorney General Issues Opinion Approving Brady List Procedures
Posted in Public Safety IssuesOn October 13, 2015, California Attorney General Kamala D. Harris issued a Published Opinion, No. 12-401, relevant to a law enforcement agency’s dual responsibilities to comply with Brady v. Maryland and California’s Pitchess statutes in the wake of the California …
The California Supreme Court Holds that a Supervisor’s Daily Log is not a “File Used for Any Personnel Purposes” Under the Firefighters Procedural Bill of Rights
Posted in Public Safety IssuesIn a long anticipated decision, the California Supreme Court has held that a supervisor’s daily log, or file, was not a “file used for any personnel purposes” under the Firefighters Procedural Bill of Rights. In 2013, the Court of Appeal …
California Supreme Court Allows Hearing Officers to Rule on Pitchess Motions in Administrative Disciplinary Appeal Hearings
Posted in Public Safety Issues
This post was authored by Alex Polishuk.
On December 1, 2014, the California Supreme Court issued its decision in Riverside County Sheriff’s Department v. Stiglitz, ruling that a hearing officer in an administrative appeal hearing has the authority …
Court of Appeal Holds That Actual Notice Must Be Provided to Police Officer Within the 1-Year POBRA Statutory Timeframe
Posted in Public Safety Issues
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 …
California Supreme Court to Hear Issue of Peace Officer Personnel Files
Posted in Public Safety Issues
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 …
Reviewing Your Internal Affairs Investigation Procedures: Four Ways to Help Your Agency Succeed in Disciplinary Appeals
Posted in Public Safety IssuesThis blog post was authored by Erik M. Cuadros
Prosecuting a disciplinary appeal can be very expensive and time-consuming for agencies. After spending the time and effort to conduct an investigation and determine that discipline is warranted, an agency certainly …
U.S. Supreme Court Says Police Need Search Warrant to Search Cell Phones
Posted in Public Safety Issues
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 …
California Supreme Court Holds Names of Police Officers Involved in Shooting Are Subject to Disclosure Under the Public Records Act
Posted in Public Safety IssuesThis blog post was written by David Urban and Shardé C. Thomas
Today the California Supreme Court issued a 6-1 decision in Long Beach Police Officers Association v. City of Long Beach. The case involves the issue of whether …
California Supreme Court Will Review Whether Firefighters Have Right to Review and Respond to Adverse Comments in Supervisor’s Daily Log.
Posted in Public Safety IssuesOn 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 …
Ninth Circuit Issues First Amendment Ruling Applying the Legal Framework Set Forth by the Recent Dahlia Decision
Posted in First Amendment, Public Safety Issues
This blog post was authored by Alex Polishuk
On Tuesday, December 3, 2013, the U.S. Court of Appeals for the Ninth Circuit, on the heels of its recent Dahlia v. Rodriguez decision that broadened police officers’ First Amendment rights, issued …