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January 2008
GOVERNOR'S PROPOSED EDUCATION BUDGET WILL REQUIRE SIGNIFICANT CUTS AND
CAREFUL PLANNING BY DISTRICTS
On January 10, 2008, the Governor published
his proposed budget for the 2008/09 fiscal year.
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October 2007
Governor Signs AB 220:
Firefighters Procedural Bill of Rights Act
On October 13, 2007, Governor Arnold Schwarzenegger signed into law the
Firefighters Procedural Bill of Rights Act ("FBOR" or "Act"), Assembly
Bill 220. Modeled after the Public Safety Officers Procedural Bill of
Rights Act ("POBR"), the Act provides firefighters with rights beyond
those of non-safety public employees. The Act, found at Government Code
sections 3250 through 3262, becomes effective on January 1, 2008.
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August 2007
INTERNATIONAL FEDERATION OF PROFESSIONAL AND
TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO v. SUPERIOR COURT.
California Supreme Court Holds That the Names and Salaries of Public
Employees, Including Peace Officers, Who Earn $100,000
or More Per Year are Subject to Public Disclosure Under the California
Public Records Act, Doing So in an Opinion the Reasoning of Which
Clearly Applies to Public Employees Generally.
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January 2007
Spielbauer
A Court of Appeal Finds That A Public Employer Cannot Discipline An
Employee For Refusing to Answer Incriminating Questions Even Though He
Was Informed That His Answers Could Not Be Used Against Him In Any
Subsequent Criminal Proceeding.
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January
2007
Bakersfield city school
district
Classification of a Certificated Employee as Temporary Must Be Based
Upon the Manner of Service Performed or Position Occupied and Not Upon
the Credential Held by the Employee.
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August 2006
AB2613
Governor Signs AB 2613 Clarifying That Private School Teachers Are
Exempt from Overtime.
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August 2006
CAHSEE
Court of Appeal Vacates Trial Court's Preliminary Injunction Against
Enforcement of CAHSEE Requirement for A High School Diploma-But Found
Likely Merit in Their Equal Protection Claim.
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June 2006
First Amendment
Supreme Court Limits First Amendment Protections for Public Employee
Speech Made as Part of Official Duties.
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April 2006
Sexual Harassment
The California Supreme Court Holds That A Creative Workplace Charged
With Sexual Language and Conduct That Was Not Directed At The Plaintiff
Was Insufficient To Constitute Hostile Work Environment Sexual
Harassment.
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April 2006
RESPONDING TO THE MAY 1, 2006 WORK STOPPAGE
This Special Bulletin, we will address four main issues arising out of
the anticipated May Day events.
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January 2006
LCW TO PROVIDE MANDATED ETHICS TRAINING
On October 7, 2005, the Governor signed Assembly Bill No. 1234 mandating
ethics training for local agency officials.
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January 2006
SENATE BILL 440
In first court decision of the Binding Interest Arbitration Law for
Public Safety Employees, the Superior Court finds that it, like the
earlier version, is unconstitutional.
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December 2005
FPPC Proposes New Regulation Regarding Mandated Ethics Training.
On October 7, 2005, the Governor signed Assembly Bill No. 1234 which
mandates ethics training for local agency officials.
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December 2005
Effective January 1, 2006, the maximum number of hours a retired
person receiving PERS retirement benefits may work for a PERS agency
without triggering reinstatement from retirement will be calculated on a
fiscal year basis, rather than a calendar year basis.
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October 2005
On October 4, 2005, Governor Schwarzenegger signed legislation which
was authored by Senator Gloria Romero and which amends California
Vehicle Code Section 17004.7. Although the legislation does not require
immediate action, it warrants attention because it will require
significant advance planning by agencies.
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September 2005
A federal district court in
Sacramento County has once again ruled that the words "under God" in the
Pledge of Allegiance violate the Establishment Clause of the United
States Constitution, and has enjoined three school districts in
Sacramento County from requiring students to recite the Pledge with the
words "under God" included.
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August
2005
In Retaliation Cases Brought
under California's FEHA, California Supreme Court Holds That an "Adverse
Employment Action" Is an Action or Series of Actions -- Viewed in Their
Totality -- That Materially Affect the Terms and Conditions of
Employment.
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July
2005
California Supreme Court Holds
That Employees May Establish Sexual Harassment Claim under California’s
FEHA by Demonstrating That Widespread Sexual Favoritism Altered Their
Working Conditions and Created a Hostile Work Environment.
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March
2005
An Employer May Not Conduct Medical Examinations Nor Make Medical
Inquiries of Applicants Until After the Employer Has Evaluated All
Non-Medical Information in Order for a Conditional Job Offer to Be a
"Real" Offer.
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Special Bulletins are published periodically for the benefit of the clients of
Liebert Cassidy Whitmore. The information in Special Bulletins should
not be acted on without professional advice.
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