California Peace Officer- Drug Testing of All Applicants for Municipal Employment is Unconstitutional
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 […]
Vol. 23 No. 4- L. A. Times v. Post – change in procedure
L.A. TIMES v. POST – CHANGE IN PROCEDURE February 05, 2008 On February 4, 2008, we published a client alert memo based upon information contained in a memorandum issued by Paul Cappitelli, the Executive Director of POST. The POST memorandum directed agencies to notify POST “if an agency seeks to exclude names from the report, […]
Vol. 23 No. 3- L. A. Times v. Post – disclosure of officer’s names
L. A. TIMES v. POST – DISCLOSURE OF OFFICER’S NAMES February 04, 2008 The attached information from POST requires your immediate attention. In order to avoid the disclosure of the names of officers whose identity must be withheld in order to protect their safety, all law enforcement agencies must respond to POST within the next 10 […]
CPOA Newsletter Article- Status of Litigation Regarding Potential Release of 40,000 State Prisioners
“STATUS OF LITIGATION REGARDING POTENTIAL RELEASE OF 40,000 STATE PRISONERS” February, 2008 By: Martin J. Mayer General Counsel to CPOA The following is a status report as of February 2008, regarding the litigation involving the potential release of thousands of felon from our state prison system. History Two class action law suits (Coleman v. California […]
CSSA Magazine Article- The Use of Medical Marijuana and One’s Job
“THE USE OF MEDICAL MARIJUANA AND ONE’S JOB“ February, 2008 By: Martin J. Mayer General Counsel California State Sheriffs’ Association Your employee goes to your Human Resources department and informs them that he has been advised by his doctor to use a particular medication in order to treat a medical condition from which he suffers. […]
Vol. 23 No. 2- Smoking Medical Marijuana can cost you your Job
SMOKING MEDICAL MARIJUANA CAN COST YOU YOUR JOB January 28, 2008 The California Supreme Court ruled, on January 24, 2008, in the case of Ross v. Ragingwire Telecommunications, Inc., that it does not violate one’s right of privacy, nor is it discriminatory, to fire an employee who uses marijuana for medical reasons. Ross’ doctor recommended marijuana to […]
Vol. 23 No. 1- Coleman/Plata Update
COLEMAN/PLATA UPDATE January 4, 2008 In our last update on the prisoner release litigation [Coleman v. Schwarzenegger/ Plata v. Schwarzenegger], we informed you that we were preparing to file a joint Motion for Reconsideration/Motion for Clarification on behalf of all Intervenor-Defendants, excepting the County Intervenors (Sheriff, Police Chief, and Chief Probation and Corrections Intervenors; Republican […]