Right to Discovery in Interrogations Explained (Expanded)
The Fourth District Court of Appeal made a significant interpretation of the Public Safety Officers Procedural Bill of Rights Act (“POBR”) (Gov. Code § 3300 et seq.) in the case of Santa Ana Police Officers Association v. City of Santa Ana, 2017 WL 2879796 (2017) that has the potential to impact many administrative investigations of … continue reading
Continue ReadingPublic Safety Departments Cannot Voluntarily Share Brady Lists With DA’s or Any Other Non-Department Persons
Law enforcement agencies cannot disclose the names or other identifying information of officers who are on Brady lists to any outside body, including prosecutorial agencies, absent compliance with the Pitchess process. This notable victory for peace officer privacy rights came this week in Ass’n for Los Angeles Deputy Sheriffs v. Superior Court of County of … continue reading
Continue ReadingLocal 2881 Saves BC List
The State Personnel Board (“SPB”) denied CAL FIRE’s request at its monthly meeting on Thursday to abolish the entire 2017 Battalion Chief eligible list and force the nearly 300 candidates on the list to re-take the promotional exam during the peak fire season. The SPB also upheld the six appointments that had already been made … continue reading
Continue ReadingREVIEW GRANTED in CAL FIRE Local 2881 “Air Time” Appeal
The California Supreme Court on Wednesday granted Messing Adam & Jasmine’s Petition for Review on behalf of CAL FIRE Local 2881. The Court of Appeal decision sets up a full analysis of the entire history of public pension laws in California and the vested rights doctrine in particular. MAJ filed the Petition on February 8, … continue reading
Continue ReadingTo Send or Not to Send: Personal Accounts May Succumb to the CPRA
The California Supreme Court, in yesterday’s ruling in City of San Jose et al. v. Superior Court of Santa Clara County, held that communication about public business on a personal account may be subject to the disclosure requirements under the California Public Records Act (“CPRA”). Any public employee’s personal records can become the target of … continue reading
Continue ReadingREVIEW GRANTED in Marin Pension Case (MAPE v. MCERA)
This afternoon, the California Supreme Court agreed to review the controversial Court of Appeal decision in Marin Association of Public Employees et al. v. Marin County Employees’ Retirement Association et al. The Supreme Court granted review, but deferred any action on the case until three similar coordinated appeals involving challenges to the California Public Employees’ … continue reading
Continue ReadingPetition for Review Now Fully Briefed Before the California Supreme Court in MAPE v. MCERA
As readers will recall from prior blogs, the recent decision of the First District Court of Appeal in Marin Association of Public Employees, et al. v. Marin County Employees’ Retirement Association, et al., California Court of Appeal, First Appellate District, Case No. A139610, threatens the very foundations of the California Rule, which steadfastly protects public … continue reading
Continue ReadingMarin County Pension Case: Up to Supreme Court Now
We alerted our blog followers to the recent decision in Marin Association of Public Employees v. Marin County Employees Retirement Association by the First District Court of Appeal in San Francisco. The decision is a frontal attack on the vested rights doctrine. Here is briefly what happened leading up to and in this case: In 1997, … continue reading
Continue ReadingFrontal Assault on the Vested Pension Rights Doctrine
Last week, the First District Court of Appeal in San Francisco issued a highly controversial decision in Marin Association of Public Employees v. Marin County Employees’ Retirement Association. The Court ruled that an employer may reduce pension benefits, before retirement, so long as the pension benefit remains “reasonable.” The Court offers no guidelines for what … continue reading
Continue ReadingSupreme Court’s Ruling in Friedrichs Stands and Fair Share Fees Survive – For Now
On Tuesday, June 28, 2016, the U.S. Supreme Court denied a petition for rehearing filed by the California Teachers Association, as we predicted. Petitioner filed its April 8, 2016 petition shortly after the Court’s one-page opinion per curiam that affirmed the lower court’s judgment by an equally divided Court. The Supreme Court rescheduled consideration of … continue reading
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