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
"Peace Officers"
Discipline for Officer-Provoked Force Incidents after County of Los Angeles v. Mendez
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 amicus curiae brief to the United States Supreme Court in the case on behalf of…
California Legislation to Watch in The Final Journey to the Governor’s Desk
The California Legislature is working hard to push bills through to the general assembly and senate votes that are scheduled for September. A number of bills making their way to that final vote are noteworthy for public employers.
PERB, Firefighters and the Right-to-Sue
Right-to-sue notices may not be just for Department of Fair Housing and…
PERB Exercises Jurisdiction Over Bargaining Units That Include Peace Officers Individually Excluded by Statute and Will Not Consider Affirmative Defenses Based on Undisputed Facts Alone
When the Legislature amended the Meyers-Milias-Brown Act (MMBA) in 2001, it gave PERB jurisdiction over the statute, but not over certain agencies, and not over “persons who are peace officers as defined in Section 830.1 of the Penal Code.” (Gov. Code Section 3511, emphasis added.)
In the more than 14 years since then, however,…
Only Current Peace Officers May Inspect Personnel Records Under POBOR
In Barber v. California Department of Corrections and Rehabilitation, the Court of Appeal held that a terminated peace officer no longer has a right to inspect personnel and internal affairs records under the Public Safety Officers Procedural Bill of Rights Act (“POBOR”).
The California Department of Corrections and Rehabilitation terminated parole agent Patrick Barber. …