Vol. 21 No. 5- Kern County Vs. Sparks: Sometimes The Good Guy Wins
KERN COUNTY vs. SPARKS: “Sometimes the Good Guy Wins” March 15, 2006 As many of you already know, retired Kern County Sheriff Carl Sparks was sued by the Kern County Board of Supervisors and accused of filing false claims to justify authorizing premium pay for seven commanders covering a fourteen year period of time. The […]
Vol. 21 No. 3- Cost Recovery Of Expenses Responding To Dui Incidents
Cost Recovery of Expenses Responding to DUI Incidents February 14, 2006 On January 4, 2006, the California Court of Appeal clarified what expenses can be recovered as a result of emergency responses to incidents caused by individuals operating motor vehicles while under the influence of an intoxicant. In the case of California Highway Patrol v. […]
Vol. 21 No. 4- Pers Retired Annuitants: Interim Positions V. Extra Help
PERS RETIRED ANNUITANTS: Interim Positions v. Extra Help February 14, 2006 Questions have arisen regarding the manner and duration in which retired annuitants from the Public Employee Retirement System (PERS) can work for PERS agencies after retirements. It is important to note that the PERS system does not permit an individual who has retired to […]
Vol. 21 No. 2- Impounding Vehicles Revisited
Impounding Vehicles Revisited January 17, 2006 The Ninth Circuit U. S. Court of Appeals recently ruled, in the case of Miranda v. City of Cornelius, 429 F.3d 858, that impounding vehicles, when the only charge is driving without a license, was unconstitutional if there is no justification under the “community caretaker” doctrine (see Jones & Mayer Client Alert […]
Vol. 21 No. 1- IMPOUNDING A VEHICLE MAY BE UNCONSTITUTIONAL
Impounding a Vehicle may be Unconstitutional January 4, 2006 Plaintiffs sued the City and a towing company for an unreasonable seizure under the Fourth Amendment. The United States District Court for the District of Oregon, in the case of Miranda v. City of Cornelius; Acme Towing, Inc., granted summary judgment in favor of the defendants […]
CSSA Magazine Article- FLSA – Who is Exempt?
“FLSA – WHO IS EXEMPT?” January, 2006 By: Martin J. Mayer JONES & MAYER Not too long ago, the Federal Department of Labor modified Part 541 of the Code of Federal Regulations (CFR) regarding exemptions from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). Questions have arisen, as a result […]
Vol. 20 No. 20- Pers Retirees and 960 Hours
Pers Retirees and 960 Hours December 27, 2005 Recently, Sacramento implemented several changes regarding definitions and procedures affecting public employees and retirees who fall under the Public Employee Retirement System (PERS). AB 1166 imposed changes which appear to be relatively innocuous in nature, however, the one which has created a significant amount of concern among […]
Vol. 20 No. 19- Police Task Force Subject to Open Meeting Rules
Police Task Force Subject to Open Meeting Rules December 2, 2005 The California Court of Appeal, 2nd District, published an opinion on November 28, 2005, in the case of McKee vs. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. Impact), holding that the task force is a “local agency” and, therefore, must comply […]
Vol. 20 No. 18 Chaker v. Crogan: the federal court of appeals (ninth circuit) holds penal code section 148.6 unconstitutional
Chaker v. Crogan The Federal Court of Appeals (Ninth Circuit) Holds Penal Code Section 148.6 Unconstitutional November 9, 2005 The Ninth Circuit Court of Appeal has just issued an opinion in Chaker v. Crogan , Case No. 03-56885, that California Penal Code Section 148.6, knowingly filing a false complaint of peace officer misconduct, is unconstitutional. […]
Vol. 20 No. 2- SB 1439 – Pers Retirees
SB 1439 – PERS RETIREES January 4, 2005 A retired member of the Public Employees’ Retirement System (PERS) is not permitted to work for an employer under PERS without reinstatement from retirement. An exception exists to allow such retiree to work no more than 960 hours a year for such an employer, without penalty. According […]