Vol. 22 No. 14- Public Records Act And Fees

PUBLIC RECORDS ACT AND FEES It looks like CalAware people are at it again. Many of you may have received a California Public Records Act request asking for the record or records which indicate what you charge for copies of crime or accident reports to those involved. There is really only one reported case decision […]

Vol. 22 No. 13- Less Privacy For Personnel Information

LESS PRIVACY FOR PERSONNEL INFORMATION On Monday, August 27, 2007, the California Supreme Court issued two opinions which declared certain peace officer personnel information available to the public.  In the case of Commission on Peace Officer’s Standards and Training vs. Superior Court of Sacramento County (L.A. Times), the California Supreme Court ruled that the “names, […]

Vol. 22 No. 11- More Info On Badges

“MORE INFO ON BADGES” August 3, 2007 Since the issuance of the Attorney General’s Opinion, No. 06-307, and our Client Alert Memo, Vol. 22, No. 10, August 1, 2007, regarding the issuance of badges to non peace officers, we have been inundated with phone calls and e-mails asking for clarification on a variety of issues.  […]

Vol. 22 No. 19- Medical costs of arrestees – who pays before booking?

MEDICAL COSTS OF ARRESTEES – WHO PAYS BEFORE BOOKING? On November 15, 2007 the California Court of Appeal, Fourth District, issued a ruling which substantially changes what had been law, and practice, in California for many years.  In the case of Sharp Healthcare, et al, v. County of San Diego, 2007 Cal. App. LEXIS 1858, […]

Vol. 22 No. 20-POBR Does Not Apply To Criminal Investigations

POBR DOES NOT APPLY TO CRIMINAL INVESTIGATIONS Last year, a superior court judge ruled that if an employing agency was conducting a criminal investigation of an officer, it must afford the officer all rights under the Public Safety Officers Procedural Bill of Rights Act (POBRA), as it would during an internal, administrative, investigation. On December […]

Vol. 23 No. 8- Disabled And Segregated Inmates Entitled To Progams And Facilities

DISABLED AND SEGREGATED INMATES ENTITLED TO PROGAMS AND FACILITIES March 27, 2008 On March 24, 2008, the Ninth Circuit U. S. Court of Appeals ruled, in the case of Pierce v. County of Orange, that inmates housed in administrative segregation are entitled to “some minimal access to religious services and exercise.”  The Court also ruled […]

Vol. 23 No. 7- TRAVEL TIME TO TRAINING – WHO PAYS?

TRAVEL TIME TO TRAINING – WHO PAYS? March 26, 2008 From time to time an employee may be required to attend off-site training.  Who pays for the time spent traveling to the training site: the employer or the employee?  The answer depends on whether federal or state law is applied. FEDERAL LAW AND  CALIFORNIA LAW […]

Vol. 23 No. 6- Re: City of Garden Grove v. Superior Court (Kha)

Re:  City of Garden Grove v. Superior Court (Kha) March 20, 2008 Unfortunately, but not unexpectedly, the California Supreme Court denied the City of Garden Grove’s petition for review of the cited case.  The Court also denied the request to depublish the opinion of the Court of Appeal.  Only one member of the Court, Justice […]