Vol. 36 No. 3 FACTUAL DISPUTES PREVENTED COURT’S DETERMINATION OF PLAINTIFF’S FIRST AMENDMENT CLAIM UNDER PICKERING BALANCING TEST
In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address the objective meaning of a police officer’s Facebook comment in its analysis under a United States Supreme Court test to weigh the officer’s First Amendment right against the government’s interest in […]
Can California Public Agencies Mandate COVID-19 Vaccines for Employees?
The long-anticipated arrival of vaccines has moved the COVID-19 pandemic into a new chapter. The phased rollout of vaccines is expected to take months. As adoption of the vaccine becomes widespread, society will hopefully return to normalcy, including returning to in-person work. Public sector employers in California are beginning to study their policy positions regarding […]
Vol. 36 No. 2 VOLUNTARY VACCINE AND WORKERS’ COMPENSATION
While the distribution of the COVID-19 vaccine is advancing our effort to recover from the pandemic, one significant limitation is the degree of acceptance and level of trust placed in the vaccine and fear of an adverse reaction. This uncertainty has clear implications for law enforcement agencies. The purpose of this client alert is to […]
Bruce Lindsay to Present at Upcoming League of California Cities Meeting
On February 25, Jones & Mayer Senior Associate Bruce Lindsay will join John Harris of Casso & Sparks, LLP at a webinar sponsored by the League of California Cities to discuss recent developments in the law of storm water permitting. In a recent ruling, the Orange County Superior Court for the first time invalidated requirements […]
Lawful Engagement of Contractors by Local Government Agencies Under California’s AB-5
California Assembly Bill 5, or AB-5, went into effect a year ago. Employers throughout the state and beyond are still grappling with how to lawfully engage independent contractors under the law. AB-5’s applicability to public agencies has been the subject of considerable debate among California lawyers. In September 2020 the California Legislature modified provisions of […]
Partner James Touchstone Provides Testimony to the California State Assembly
On Friday, December 18, Jones & Mayer partner James Touchstone offered his insights at a hearing of the California Assembly Select Committee on Police Reform. Drawing on his experience as General Counsel of the California Police Chiefs Association, the California State Sheriffs’ Association, and the California Police Officers’ Association, James used his time to share […]
Vol. 36 No. 1 EXECUTIVE DECISIONS AND THE COVID-19 VACCINES
The availability of effective vaccines offers a major advancement in our emergence from the COVID-19 pandemic. As a component of this progress, the determination of how to optimize the benefits of the vaccine among public sector employees also raises important leadership questions regarding its use. Our great preference would be for members of our organizations […]
Vol. 35 No. 33 REASONABLE FACTFINDER COULD CONCLUDE THAT POLICE OFFICER VIOLATED PLAINTIFF’S DUE PROCESS RIGHTS BY OBTAINING COURT ORDER TO DESTROY PLAINTIFF’S FIREARMS WITHOUT GIVING HIM NOTICE
In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously seized firearms and reasonably believed that the police department was still reviewing the matter, was entitled to notice under the Fourteenth Amendment’s Due Process Clause that police intended to seek a […]
Halloween 2020: Celebrating in an era of caution, concern and risk
It is an evening filled with memories of younger days, of hobgoblins and masked heroes, princes and princesses walking down suburban sidewalks, often with costumed parents in tow, collecting candy and treats in bulging bags and plastic pumpkins, celebrating with excitement, anticipation and sugar-fueled glee. Parents have long labored to create costumes for their children […]
For Better or Worse, the California Rule Still Limits Changes to Public Pensions
The California Supreme Court recently upheld the state’s ban on the practice of “pension spiking” by public employees while leaving in place the so-called “California Rule,” which limits reform options for the state’s public pension systems. The case, Alameda County Deputy Sherriff’s Association vs. Alameda County Employees Retirement Association, No. S247095 (Cal. July 30, 2020), […]