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SB 550: Allows Unions To Recover Attorneys’ Fees

SB 550 was introduced by Senator Pan (D-Sacramento) on February 16, 2017. SB 550 amends EERA section 3543.8 to add the following: (b) If the employee organization prevails in an action in proving the employer failed to provide wages or benefits required by state law, the employer shall pay the employee organization’s reasonable attorney’s fees and expenses if written notice of intent to seek fees was provided to the employer at least 30 days before the action was instituted Comments: I’m opposed to this bill as it creates an uneven playing field by only allowing the union to recover its…

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Supreme Court: Personal Cell Phones Subject to PRA Requests

City of San Jose v. Superior Court of Santa Clara County (California Supreme Court Case No. S218066) (Issued on March 2, 2017)

Are communications about government matters sent through a public official’s personal email account subject to disclosure under the Public Records Act (PRA)? The City of San Jose (City) argued that such communications are not “public records” because they are not within the City’s custody or control. The Supreme Court disagreed.

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AB 887: Guidance on Peace Officer Investigations

AB 887 was introduced by Assembly Member Cooper (D-Sacramento) on February 16, 2017. AB 887 amends the Public Safety Officers Procedural Bill of Rights Act (PSOPBR) as follows: Government Code section 3303. … (c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation. For this purpose, the officer shall be informed of the following: (1) The time and date of any incident at issue. (2) The location of any incident at issue (3) The internal affairs case number, if any. (4) The title of any alleged violation. (5) A brief summary…

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Motions to Dismiss for Failure to Prosecute

Santa Ana Unified School District (2017) PERB Decision No. 2514-E (Issued on 02/08/17)

The unfair practice charge in this case was filed on March 10, 2006. A complaint was issued on 6/12/06. On September 19, 2008, notice was sent for a formal hearing to be held on February 6, 2009. The charging party then asked to place the matter in abeyance due to her medical condition. Nothing happened in the case until August 24, 2012, when a new ALJ was assigned. In 2012, the new ALJ began discussions with the parties on how to move the case forward. The district argued that laches should apply since witness memories had faded. The ALJ held a couple of pre-trial conferences and entertained a motion to dismiss by the district with supporting declarations.  The charging party responded with an opposition and more declarations. On January 31, 2014, the ALJ granted the district’s motion to dismiss. The charging party then filed exceptions which were completed on or about April 14, 2014. The Board issued this decision on February 8, 2017.

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SB 548: Allows Firefighters to Bypass PERB

SB 548 was introduced by Senators Atkins (D-San Diego) and Leyva (D-Chino) on February 16, 2017. SB 548 only applies to firefighters under the MMBA and Dills Act.  But if enacted, this bill would fundamentally change PERB’s role in adjudicating unfair practice charges for this group of employees. First, SB 548 provides that if PERB has not acted on an unfair practice charge within 150 days of filing, any party can request a “right-to-sue” letter allowing the party to bring a civil action in superior court. Second, SB 548 provides that PERB must issue a right-to-sue letter upon completion of…

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