by Karen A. Feld on January 2, 2019
posted in Legislative Updates,
The Legislature enacted several laws that took effect on January 1, 2019. The following are some of the noteworthy new laws enacted. ... Continue Reading
by Steven Graham on October 25, 2018
posted in Law Enforcement, Public Records Act,
The Legislature has responded to public pressure calling for increased transparency into local policing by passing two new laws that mandate disclosure of records related to officer misconduct and use of force incidents. With Governor Brown’s signature, SB1421 and AB 748 will change how police departments respond to requests for certain personnel records and recordings of use of force incidents that were previously exempt from disclosure. ... Continue Reading
by Derek P. Cole on September 24, 2018
posted in Code Enforcement, Recent Court Decisions,
“Anti-camping” and related “sit-lie” ordinances cannot be enforced against homeless persons who have no access to overnight shelter. As the Ninth Circuit Court of Appeals held on September 4, enforcement under such circumstances effectively criminalizes the status of being homeless, violating the Eighth Amendment’s prohibition on cruel and unusual punishment. The Court’s decision, in Martin v. City of Boise, will make it difficult for local agencies to enforce their “anti-camping” ordinances to the extent they did previously. ... Continue Reading
by Karen A. Feld on August 15, 2018
posted in Law Enforcement, Recent Court Decisions,
The California Supreme Court issued a very favorable ruling in favor of police agencies on August 13, 2018. In an unanimous opinion, the Court ruled that a police department that requires ALL of the officers to certify that they have read and understood the vehicle-pursuit policy can claim immunity even if all its members failed to sign. Ramirez v. City of Gardena (2018) S244549. ... Continue Reading
by David G. Ritchie on July 8, 2018
posted in Employment Law, Legislative Updates, Unions,
Governor Brown signed SB 866 into law after Janus v. American Federation of State, County, and Municipal Employees, 585 U. S. ____ (2018) was released by the Supreme Court on June 27, 2018. SB 866 is an effort to give something back to the unions given that they lost agency fees when the Court in Janus declared those violative of the First Amendment and overturned Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977). SB 866 applies to employers covered by PERB, including cities, special districts, and counties. ... Continue Reading