Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Investigation
Is Timing Really Everything? Wyatt v. Kern High School Sheds New Light on a Public Agency’s Obligations under Senate Bill 1421 and Senate Bill 16
Senate Bill 1421 (“SB 1421”) went into effect on January 1, 2019. As a result, under Government Code section 832.7 as amended, certain types of peace officer personnel records became subject to disclosure pursuant to a California Public Records Act (“CPRA”) request. Shortly after the effective date of SB 1421, Kern High School District received…
California First District Court of Appeal Decision Disagrees With Santa Ana POA Case and Holds That Peace Officers Under Administrative Investigation Are NOT Automatically Entitled to Reports and Complaints Prior to Any Further Interrogation
On April 26, 2021, the First District Court of Appeal published its decision in Oakland Police Officers Association v. City of Oakland (2021) — Cal.App.5th — (“Oakland POA”). The case provides critical guidance regarding what information a law enforcement agency must provide to a peace officer before conducting a second or subsequent interrogation…
California Supreme Court To Decide Case On Disciplinary Process Owed To Students
On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a hearing. The California Supreme Court’s review of the case is…
Witnesses Move on, and Memories Fade – but an Investigation Report is Forever
Let’s set the scene. It’s February of 2020, and an employee comes to you, a supervisor, to “vent” about being the target of off-color comments and jokes due to the employee’s national origin. The employee does not use the term “harassment.” Moreover, the employee tells you that they are just talking it out, and they…
The Cautionary Tale of the “Florida Cop Who Won’t Stay Fired”
Disciplining employees is a necessary part of employment. However, employers often struggle with employees who engage in misconduct, especially where the employer believes the employees should be terminated. Recently, we came across the story of a Florida police officer which highlights the importance of conducting a thorough investigation before imposing discipline.
German Bosque is a…
Coworkers Who Simply Cannot Get Along Do Not Expose Employers To Liability For Hostile Work Environment Or Retaliation
Does it ever feel like managing the workplace can be like keeping the peace between children fighting in the back seat of the family car? This was the feeling in a recent out-of-state case where a Court held that an employer was not liable for the alleged hostile work environment created amongst bickering co-workers or…