What in the World is a “Past Practice” and Why do I Care?

In the world of public employment and the labor negotiations, the memorandum of understanding (MOU) between the employer and bargaining unit is a valued and protected document.  Indeed, many MOUs contain a “zipper” clause.  This prevents either the employer or employee group from attempts to reopen the agreement during its term.  The point, is that both sides want finality and...

What Now? Cautionary Tale of a Termination with a Twist

Every now and then, a public agency will make a mistake in the handling of a personnel matter.  The following is a cautionary tale with a twist.

The City/County of San Francisco terminated a police officer.  The California Court of Appeal subsequently concluded that the officer’s discharge was wrongful.  As a result of the holding, the Court ordered that the discharge...

FMLA ELIGIBLE? WHO KNOWS.

The FMLA, at Section 102 (a) (1) (C) [Act], establishes that eligibility for leave under the Act must meet certain criteria.  One criterion is to care for a seriously ill family member who is a “spouse, or a son, daughter, or parent…” of the employee.  In other words, the person being cared for must have a biological or legal relationship...

Stay Out of It – Inmates Have No Standing to Sue About Phone Bills

Many of our county clients maintain contracts with private service providers for a variety of municipal needs. In a recent case, several California counties were sued by a group of inmates, organized by the Howard Jarvis Taxpayers Association, claiming that fees for telecommunications service in jails were an unlawful tax, requiring voter approval under Proposition 26.  The fees for use...

Mandatory Face Covering Requirement

Pursuant to the California Department of Public Health updated guidance for the use of face coverings which was announced at approximately noon on June 18, 2020.

Please Note:  Executive Order N-60-20, issued on May 4, 2020, ordered that “All residents are directed to continue to obey State public health directives” (emphasis added).  This mandate is issued by the California Department of...

CALIFORNIA SUPREME COURT UP ENDS THE APPLE CART ON PUBLIC RECORDS REQUEST COSTS

The California Supreme Court just issued a decision reversing a lower appellate court on the issue of redaction costs associated with electronic records.  In National Lawyers Guild v. City of Hayward, Supreme Court Opinion S252445 (May 28, 2020) the Court reversed a decision by the Court of Appeal that had construed the Public Records Act (PRA) as allowing the City...