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Third District Court of Appeal Holds Proposed Discipline Must Be Personally Served within One Year Statute of LimitationsBy Christopher W. Miller, Esq. SCOPO General Counsel Fundamental to the Public Safety Officers Procedural Bill of Rights Act is a “statute of limitations” that requires law enforcement agencies to investigate and propose discipline within one year of the date a person authorize..
Court of Appeal Denies Workers' Compensation Benefits for Officer's Injury During "Hold Over" Shift CommuteOn May 19, 2014, the California Court of Appeal in Lanz v. Workers' Compensation Appeals Board ruled an officer's family was not entitled to workers' compensation benefits because an employee's commute after a "hold over" shift fell outside his ordinary course of employment. In Lanz , a Pl..
California Supreme Court Rules CPRA Requires "Particularized Showing" to Prevent Disclosure of Officers' Names After ShootingOn May 29, 2014 in Long Beach Police Officers Association v. City of Long Beach , the California Supreme Court held the California Public Records Act ("CPRA") requires a "particularized showing" of officer safety concerns to prevent disclosure of an officer's name after a shooting. In this case,..
Court of Appeal Rules Employer May Seek a Second Doctor's Opinion About Fitness for Duty After Employee Returns from FMLA LeaveOn March 15, 2014, the California Court of Appeal in White v. County of Los Angeles held an employer may order a second fitness for duty evaluation after the employee returns from medical leave under the Family Medical Leave Act ("FMLA"). Under the FMLA, an employee must be reinstated to work a..
PERB Asserts Jurisdiction Over Police and Police Management for Factfinding and Denies Untimely RequestPERB's recent decision in City of Redondo Beach was significant for two reasons. First, while PERB does not ordinarily assert jurisdiction over police and police management due to exceptions outlined in MMBA sections 3509 and 3511, it found these exceptions do not apply to its authority to appo..
Court Strikes Down San Jose Mayor Chuck Reed’s Challenge to Attorney General’s Summary of His Pension Reform ActOn March 17, 2014, a Superior Court judge rejected Mayor Chuck Reed’s challenge to the Attorney General’s summary of his “Pension Reform Act of 2014.” Reed claimed the first sentence of Attorney General Kamala D.Harris’s summary was false, partial, and argumentative. ..
Court of Appeal Rules CPRA Does Not Require Public Agencies to Disclose Officials’ Communications on Personal AccountsOn March 27, 2014, the California Court of Appeal held the California Public Records Act (CPRA) does not require public agencies to disclose officials’ communications about public business on personal email and cell phone accounts. The Court held communications stored solely on private acc..
Presentations and Important Legal Information
Sacramento County Probation Association vs. Sacramento County
PEPRA AB 340/197
Probation Peace Officers & Off-Duty Weapons (Revised 09/17/2014)
Bargaining to Impasse: Mandated Fact-Finding & the New PERB Regulations
Surviving Critical Incident Investigations as a Probation Peace Officer (Revised 09/17/2014)
Labor Relations and the Meyers-Milias-Brown Act
Internal Affairs & Your Rights as a Public Safety Employee