Vol. 30 No. 5 CAL SUPREME COURT RULES “JESSICA’S LAW” UNCONSTITUTIONAL AS APPLIED IN SAN DIEGO
CAL SUPREME COURT RULES “JESSICA’S LAW” UNCONSTITUTIONAL AS APPLIED IN SAN DIEGO On March 2, 2015, the California Supreme Court unanimously found that the application of “Jessica’s Law” in San Diego County violated the constitutional rights of convicted sex offenders. The Court held that “the mandatory residency restrictions [are] unconstitutional as applied to all registered sex […]
January 20, 2015, Martin J. Mayer Presenting to Upland Police Dept. Internal Affairs/POBR, Upland, California
Vol. 30 No. 2 – FEDS IMPLEMENT MAJOR CHANGE TO ASSET FORFEITURE RULES
FEDS IMPLEMENT MAJOR CHANGE TO ASSET FORFEITURE RULES On January 16, 2015, Attorney General Eric Holder announced that “effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons. . . .” The Justice Department’s civil asset forfeiture program, called Equitable Sharing, […]
Vol. 29 No. 23 RIGHTEOUS FITNESS FOR DUTY EVALUATION VIOLATES NO EMPLOYEE RIGHTS
RIGHTEOUS FITNESS FOR DUTY EVALUATION VIOLATES NO EMPLOYEE RIGHTS On September 3, 2014, the First District CA Court of Appeal unanimously affirmed the right of an employer to order an employee to cooperate in a fitness for duty evaluation (FFDE) when circumstances call for it. [The court refers to a “FFD” rather than a FFDE.] In […]
August 2014 CPOA Magazine- “OFF THE CLOCK” ACTIVITY BY EMPLOYEES – IS IT AUTHORIZED?
“OFF THE CLOCK” ACTIVITY BY EMPLOYEES – IS IT AUTHORIZED? By: Martin J. Mayer, General Counsel- California Peace Officers’ Association Recently, there were two California Court of Appeals decisions which directly relate to whether or not an employee’s off duty activity is considered to be authorized and/or encouraged by the employer? In one case, Jong […]
VOL. 29 NO. 22 PROSECUTOR CAN REVIEW OFFICERS’ PERSONNEL FILES TO COMPLY WITH “BRADY” OBLIGATIONS
PROSECUTOR CAN REVIEW OFFICERS’ PERSONNEL FILES TO COMPLY WITH “BRADY” OBLIGATIONS On August 11, 2014, the California First District Court of Appeal held in The People v. The Superior Court of San Francisco (Johnson), that “(i)n fulfilling its federal constitutional duty to disclose exculpatory evidence to a criminal defendant under Brady v. Maryland, (1963) 373 U.S. […]
Jones & Mayer selected as City Attorney for Clearlake, CA
Jones & Mayer is excited to announce that attorney Ryan Jones of Jones & Mayer is the new City Attorney for the City of Clearlake, California. Christian Bettenhausen, also of Jones & Mayer, will serve as the Assistant City Attorney. Mr. Jones began serving as the Clearlake City Attorney on July 1, 2014, after the Clearlake City […]
ON JULY 24, 2014 – Attorney Paul Coble Prevails for Clients In Two Recent Disciplinary Aribitrations
In two recent disciplinary arbitrations, Senior Associate Paul Coble prevailed in upholding the termination of a police officer and a civilian evidence technician. In the case of the officer, he was found to have lied to internal affairs about why he called off sick for court; he claimed to have been ill but the evidence […]
Vol. 29 No. 21 ICE Detainers and ACLU Threat of Litigation
ICE Detainers and ACLU Threat of Litigation On July 3, 2014, the American Civil Liberties Union of California (ACLU) sent letters to many city police chiefs and/or city attorneys referencing a recent federal court decision which held that ICE detainers are mere requests, not mandates, and honoring them violated the individuals’ constitutional rights. This letter […]
July 1, 2014 CSSA Magazine Article -FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES
FAMILY & MEDICAL LEAVE ACT – BASIC ISSUES By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association On April 15, 2014, the California Court of Appeal, Second Appellate District, reversed a judgment by the Superior Court of Los Angeles in the case ofWhite v. County of Los Angeles regarding the Family & Medical Leave Act […]