Vol 31. No. 13- ARE RECORDS REGARDING GOVERNMENT BUSINESS SUBJECT TO THE CPRA IF THEY ARE ON PRIVATE CELL PHONES OR E-MAIL ACCOUNTS?
ARE RECORDS REGARDING GOVERNMENT BUSINESS SUBJECT TO THE CPRA IF THEY ARE ON PRIVATE CELL PHONES OR E-MAIL ACCOUNTS? On July 5, 2016, the United States Court of Appeals, District of Columbia Circuit, in the case of Competitive Enterprise Institute v. Office of Science and Technology Policy (CEI v. OSTP) held that “an agency cannot […]
Vol. 31 No. 19- CITY’S BANKRUPTCY PLAN DOESN’T DISCHARGE PERSONAL DAMAGES AWARD AGAINST OFFICER
CITY’S BANKRUPTCY PLAN DOESN’T DISCHARGE PERSONAL DAMAGES AWARD AGAINST OFFICER On September 8, 2016, the Ninth Circuit U.S. Court of Appeals held, in Deocampo v. Potts et al, that “. . . California’s indemnification statutes do not render a judgment or concomitant fee award against an indemnifiable municipal employee a liability of the municipal employer […]
Vol. 31 No. 20- HOW TO REPORT CHANGES IN ARREST STATUS TO DOJ
HOW TO REPORT CHANGES IN ARREST STATUS TO DOJ Recently, we issued a Client Alert Memo entitled “An Arrest Without the Filing of an Accusatory Pleading is Just a Detention.” In that Memo (Vol.31, No.17), which reported on the Court of Appeal decision in Schmidt v. California Highway Patrol, we quoted the relevant language in […]
Vol. 31 No. 21- LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS
LAW ENFORCEMENT OFFICERS AND FITNESS FOR DUTY EVALUATIONS Attached is a chapter in a newly published book entitled Police Psychology and Its Growing Impact on Modern Law Enforcement. I am most pleased to inform you that Chapter 5, “Current Issues in Psychological Fitness for Duty Evaluations of Law Enforcement Officers” was co-authored by me and […]
The Passing of Martin J. Mayer, Jan. 30, 2017
It is with deep sadness that we announce the unexpected passing of Martin J. Mayer; simply “Marty” to thousands of you throughout the state and to those of us in the Jones & Mayer family. Marty was found unresponsive at his home Sunday evening and transported to Hoag Memorial Hospital in Newport Beach, where he […]
Vol. 31 No. 27 SENATE BILL 1189 AMENDS REQUIREMENTS RELATING TO AUTOPSIES
On September 28, 2016, Governor Jerry Brown signed into law Senate Bill (SB) 1189, which amends several California Government Code provisions and adds a new section to the Government Code relating to autopsies as set forth below. This legislation is effective January 1, 2017. Government Code Section 27491.4 SB 1189 amends Government Code section 27491.4 […]
Vol. 31 No. 26- OFFICERS’ PERSONNEL RECORDS MAY BE SUBJECT TO DISCOVERY EVEN IF THEY DIDN’T OBSERVE OR PARTICIPATE IN MISCONDUCT
On December 12, 2016, the 2nd District Court of Appeal held, in Riske v. Superior Court (City of Los Angeles), that Evidence Code 1043 and 1045 (“Pitchess motion”), governing the discovery of peace officer personnel records, is not limited to cases involving officers who either witnessed or committed misconduct. “If a plaintiff can demonstrate the […]
Vol 31. No. 25-THE TRUTH ACT, THE TRUST ACT, ICE DETAINERS AND CALIFORNIA LAW ENFORCEMENT
On September 28, 2016, Governor Jerry Brown signed into law Assembly Bill (AB) 2792, known as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act. The Act imposes obligations on California law enforcement if they notify the Federal Immigration and Customs Enforcement (ICE) Agency of an inmate’s upcoming date and time of release. Current […]
Additional noticing, records retention, and posting requirements for property taxes, written protests, and public debt reports
Summary Recently Governor Brown approved three separate bills that impose additional administrative requirements on financial processes that cities commonly encounter. Starting January 1, 2017, cities must provide notice to non-resident property owners of a proposed parcel tax, must retain for two years written protests against new/increased property assessments, and must post annual debt reports to […]
Vol. 31 No. 24- VEHICLE CODE SECTION 31, WHICH PROHIBITS LYING TO AN OFFICER ENGAGED IN OFFICIAL DUTIES, IS CONSTITUTIONAL
On November 18, 2016, the California Court of Appeal, First Appellate District, held in People v. Wilson Morera-Munoz that Vehicle Code Section 31, which criminalizes the making of false statements to law enforcement officers while they are engaged in the performance of their duties under that code, was not an unconstitutional infringement on the First […]