Presentations and Important Legal Information
PEPRA AB 340/197 – Download PowerPoint Presentation
Probation Peace Officers & Off-Duty Weapons – Download PDF
Bargaining to Impasse: Mandated Fact-Finding & the New PERB Regulations – Download PowerPoint Presentation
Surviving Critical Incident Investigations as a Probation Peace Officer – Download PDF
Labor Relations and the Meyers-Milias-Brown Act - Download PowerPoint Presentation
Internal Affairs & Your Rights as a Public Safety Employee - Download PowerPoint Presentation
LEGAL ISSUES
TERMINATION OVERTURNED: LAKE COUNTY DEPUTY REINSTATED, FULL BACKPAY PLUS INTEREST
Mastagni Law Bulletin - Fall 2012
By Sean D.Currin
Posted: November 19, 2012
Thanks to the support from the Lake County Deputy Sheriff’s Association and PORAC Legal Defense Fund, Deputy Tom Andrews was vindicated of any wrong doing concerning allegations of dishonesty. Arbitrator John Wormuth determined the Sheriff’s Department lacked just cause interminating Deputy Andrews from employment. Further,the Lake County Board of Supervisors unanimously upheld the arbitrator’s decision calling for Deputy Tom Andrews to be immediately reinstated with full backpay, plus benefits and interest. Once again, Sheriff Rivero was determined to have overstepped his authority by unlawfully terminating another Sheriff’s employee.
MANTECA COURT ISSUES RARE RESTRAINING ORDER TO PROTECT OFFICERS FROM PROTESTER’S VENDETTA
Mastagni Law Bulletin - Summer 2012
By Christopher W. Miller
Posted: June 31, 2012
In a rare and significant case involving limitations on speech directed at police, a Manteca judge has issued permanent restraining orders prohibiting the brother of a parolee shot last June from harassing the involved officer. The orders also prohibit him from having any contact with another officer he harassed over a parking citation.
Posted: May 14, 2012
In Martha Karl v. City of Mountlake Terrance (9th Cir. May 8, 2012) No. 11-35343, the federal Ninth Circuit Court of Appeals ruled "it was clearly established ... that a supervisor cannot retaliate against a public employee for his or her subpoenaed deposition testimony offered as a citizen in the context of a civil rights lawsuit."
CLIENT ADVISORY: US Supreme Court Approves Strip-Searches For
Suspects Arrested for Minor Offenses
Posted: April 3, 2012
On April 2, 2012, the United States Supreme Court held that the Constitution permits correctional facilities to conduct blanket strip searches on all arrestees entering general population, even those arrested only for minor offenses.
Stockton Officer Prevails in Use of Force Case
Posted: December 5, 2011
Veteran Stockton police officer William Teague recently was exonerated of excessive force charges after an arbitrator found he used reasonable force in detaining a combative subject. Arbitrator Katherine Harris ordered a five-day suspension overturned and ordered appropriate back pay and benefits because there was no evidence Officer Teague had engaged in unreasonable force.
CLIENT ADVISORY: Court of Appeal Strikes Down POBR Waiver,
Awards $362,000 in Back-Pay
Posted: November 18, 2011
In Jaramillo v. County of Orange (November 8, 2011) 2011 WL 5338998, the Fourth District Court of Appeal awarded an assistant sheriff back-pay because the County denied him a pre-termination administrative hearing. The case hinged on his purported waiver of POBR rights.
National Labor Relations Board: Posting on Facebook May Be
Protected Union Activity
Posted: October 26,2011
In Hispanics United of Buffalo, Inc. (September 2, 2011) NLRB Case No. 3-CA-27872, an
administrative law judge of the National Labor Relations Board ruled a New York nonprofit
violated federal law by firing five employees who posted comments on Facebook about working conditions, including workload and staffing.
National Labor Relations Board: Posting on Facebook May Be
Protected Union Activity
Posted: September 2,2011
In Hispanics United of Buffalo, Inc. (September 2, 2011) NLRB Case No. 3-CA-27872, an
administrative law judge of the National Labor Relations Board ruled a New York nonprofit
violated federal law by firing five employees who posted comments on Facebook about working conditions, including workload and staffing.
9th Circuit: Felony Charges Alone Do Not Justify Suspending Peace
Officers Without Pay
Posted: August 12,2011
In Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (Aug. 12, 2011, 08-56283) 2011 WL 3524129, Ninth Circuit Court of Appeals ruled the mere fact an officer is charged with a felony is not enough to justify suspending him or her without pay. Instead, a peace officer must be allowed a post-suspension appeal to challenge whether the charges are supported by valid allegations and to determine if the particular felony allegations against a suspended peace officer justify suspension.
Posted: August 1,2011
In Ferguson v. City of Cathedral City (2011,E051039) 2011 WL 2582134, the Fourth District
Court of Appeal upheld the termination of a police officer, even after he agreed to settle his discipline case for a 160-hour suspension. The Court’s decision relied on a letter sent by the officer’s attorney declaring the settlement “null and void.”
California Supreme Court to Hear Challenge to City's Purported Fiscal Emergency
Posted: 28 Jul 2011 05:00 PM PDT
California Public Safety Labor Blog
The California Supreme Court recently depublished City of Los Angeles v. Superior Court (Engineers and Architects Association) (2011) 193 Cal.App.4th 1159, and granted review. The decision of our Supreme Court to grant review appears to reflect a greater willingness of the courts to provide judicial oversight of local bureaucrats attempting break contractual obligations by declaring fiscal emergencies, rather than negotiate concessions or seek bankruptcy protection.
CLIENT ADVISORY
CalPERS Takes a Stand on Members’ Vested Pension Rights
On Thursday, July 14, 2011, CalPERS released an official position paper on the status of pension benefits earned by public servants under the system. The paper, Vested Rights of CalPERS Members: Protecting the pension promises made to public employees, explains CalPERS benefits are protected by the state and federal constitutions. The position paper clarifies the relationship between CalPERS, public employers and employees. It notes “public employers, not CalPERS, decide how much of an employee’s compensation will be paid currently and how much will be deferred... Simply put, employers grant the benefits owed to CalPERS’ members. CalPERS in turn serves as the trustee of the trust created to fund these benefits.” Since the benefits are granted by the employer, the employer has certain obligations under the state and federa constitutions.
In Borough of Duryea, Pa. v. Guarnieri (U.S., June 20, 2011, 09-1476), the United States Supreme Court ruled a union grievance filed by a police chief is not protected under the Petition Clause of the First Amendment unless it is about an issue of “public concern.”
Charles Guarnieri filed a grievance challenging his termination as chief of police for the borough of Duryea, Pennsylvania and won at arbitration. After he was reinstated, the borough council limited his overtime and issued several specific restrictions regarding his performance.
In San Bernardino Police Officers Association et al., v. City of San Bernardino, Case No. E049925 (June 15, 2011), the Court of Appeal held a side letter settling disputed furloughs meant a lawsuit about the issue was moot.
On February 19, 2009, the City of San Bernardino adopted a resolution declaring a local emergency and authorizing furloughs for police officers, reducing officers’ pay by 10 percent. Before the furloughs went into effect, the San Bernardino Police Officers
On June 10, 2011, the Sacramento Superior Court ruled POBR guarantees peace officers access to the actual complaints against them, not merely summaries.
The case, Matthew Medina v.State of California, has been followed closely by peace officer advocates because of its state-wide implications. Medina was represented by Kasey C. Clark, Chief Counsel for the California Statewide Law Enforcement Association.
CLIENT ADVISORY: Wisconsin Court Strikes Down Anti-Union Law
On May 26, 2011, a Wisconsin Circuit Court Judge struck down Wisconsin’s anti-union law, deciding the state Legislature passed the law in violation of the state’s Open Meetings Law. In State of Wisconsin et al., v. Scott Fitzgerald, et al., Case No. 11CV1244, Judge Maryann Sumi decided the appropriate remedy for the violation was to void the anti-union legislation, the so-called “Budget Repair Law.”
In International Association of Firefighters, Local 230 v. City of San Jose (May 24, 2011), 2011 WL 1998674, the Court of Appeal ruled section 3254.5 of the Firefighters Procedural Bill of Rights Act (FFBOR) does not violate the “home rule” provisions of the California Constitution. As a result, the provision applies to charter cities, even if it conflicts with a city’s charter.
CLIENT ADVISORY
United States Supreme Court Upholds California Prison Population Cap
In Brown v. Plata (May 23, 2011) --- S.Ct ---, the United States Supreme Court upheld the California prison population cap imposed by a special three- judge court. The Prison Law Office (PLO) alleged prison conditions, especially overcrowding, violated the Constitution’s protection against cruel and unusual punishment. Because of the 5-4 decision, California must decrease the prison population by as many as 37,000 inmates.
CLIENT ADVISORY
Court of Appeal Upholds $1.5 Million Judgment
for Disabled Police Officer
In Cuiellette v. City of Los Angeles (April 22, 2011) - -- Cal.App.4th ---, the Second District of the Court of Appeal decided the Los Angeles Police Department could be held liable for disability discrimination after it terminated a disabled police officer.
On April 13, 2011, the California Supreme Court denied Orange County’s petition to review the appellate court decision in County of Orange v. Association of Orange County Deputy Sheriffs, bringing the County’s attempt to revoke pension benefits to an end.
Automobile Insurance Exclusions that Target and Affect Peace Officers
By ANTHONY P. DONOGHUE and john p. tribuiano III
Mastagni, Holstedt, Amick, Miller & Johnsen, APC
Insurance companies are increasingly drafting personal automobile insurance policy exclusions that both directly target and indirectly affect peace officers and other emergency personnel. These exclusions have significant effects to you while operating both work and non-work vehicles regardless of whether or not you are on duty.
Sacramento Probation Association Sues Board of Supervisors Over Probation Department Funding
Faced with the most severe county budget crisis in the state, the Sacramento County Probation Association (SCPA) has opened landmark litigation against the county board of supervisors seeking a court order to reinstate millions of dollars in funding for probation programs, positions and responsibilities that are mandated by state statute and court orders. Crime Victims United of California is also a plaintiff in the suit.
Complaint Alleges Risk to Public from Budget Cuts
The 29-page complaint, filed May 20, 2010, alleges that as a result of the Sacramento County Probation Department’s present inability to comply with constitutional, statutory and court-ordered mandates, the people of Sacramento County are at a heightened risk from serious and violent criminal offenders.
SCPA Media Campaign Supports Litigation Objectives
Working with a media consultant, the SCPA started a county-wide campaign, “Keep Sacramento Safe,” to drum up public support for the Probation Department’s mission. The campaign included addressing members of the Board of Supervisors at district functions and a YouTube video featuring deputy probation officers and other line staff describing the effects the budget cuts would have on services essential for community safety.