Public Safety

Liebert Cassidy Whitmore has had the privilege of representing public safety agencies for 30 years, proudly earning the trust and respect of several generations of police chiefs, sheriffs, and fire chiefs. LCW appreciates the emergency nature of employment issues in the public safety context. Our attorneys are always available to provide prompt and expert consultation on issues from administrative leave to interrogations to discipline.

We literally "wrote the book," having authored the CPER Pocket Guides on the Public Safety Officers Procedural Bill of Rights Act (POBR) and the Firefighters Procedural Bill of Rights Act (FBOR) respectively. Our appellate victories, some of which are mentioned below, have helped shaped the way that public safety agencies conduct labor and employment relations on a daily basis.

LCW remains on the cutting edge, regularly publishing articles and presenting workshops regarding labor and employment law issues affecting public safety agencies. We bring our collective legal expertise and practical experience to bear in our clients' cases, from beginning to end.

We routinely review disciplinary investigations to identify the strengths and weaknesses for our clients. We help clients identify appropriate disciplinary measures, and vigorously prosecute ensuing disciplinary appeals. We also handle any related litigation. Indeed, we have skillfully handled hundreds of such cases over three decades.

Representative Matters

  • Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, Los Angeles County Sheriff's Department et al (2008) 166 Cal.App.4th 1625, [83 Cal.Rptr.3d 494] - the California Court of Appeal held that pre-interrogation joint meetings by deputies involved in shootings have limitations.

  • Maciel v. City of Los Angeles, 569 F.Supp.2d 1038 (C.D.Cal. 2008) – a federal District Court found in favor of the City on all claims after a seven-day bench trial. The Court found that Maciel failed to present credible evidence supporting his assertion that he worked overtime without reporting it, or that management either knew or should have known that he was not following the Department's overtime reporting policy.  Finally, the Court found that Maciel was not entitled to overtime compensation for his donning and doffing activities because the time spent on those activities did not exceed the applicable threshold for overtime compensation.

  • Benach v. County of Los Angeles (2007), 149 Cal.App.4th 836, 149 Cal.4th 836 - the Court held that removing a deputy from a special assignment as a pilot "without a concomitant loss of pay" is not a punitive action entitling the officer to a POBR administrative appeal.

  • Claremont Police Officers Association v. City of Claremont (2006) 39 Cal.4th 623, a case handled through the court of appeal - the California Supreme Court held that implementation of a racial profiling study by a police department was a management prerogative and was not a mandatory subject of bargaining under the Meyers-Milias-Brown Act.

  • Steinert v. City of Covina (2006) 146 Cal.App.4th 458 - the Court of Appeal held that a peace officer was not entitled to the protections of the Act when asked questions by her supervisor in the ordinary course of duty where the supervisor did not suspect that the officer had engaged in serious misconduct.

  • Gilbert v. City of Sunnyvale (2005) 130 Cal.App.4th 1264 - the Court of Appeal limited a police officer's right to receive investigatory documents under both the Skelly due process procedures and the Act.

  • Upland Police Officers Association v. City of Upland (2003) 111 Cal. App.4th 1294 - the Court of Appeal held that a peace officer's right of representation under Government Code § 3303(i) is not unlimited. The Court of Appeal held that an officer could not delay an internal affairs interrogation by selecting a representative who was not reasonably available.

Featured Presentations

2015 Legislative Update for Public Agencies
December 09, 2014  |  10:00 AM
The California legislature passed numerous bills, which will go into effect on January 1, 2015, that will impact California employers. This webinar will provide an overview of key legislation, as well as pertinent employment law cases that will impact California's public agencies.
Webinar Recording: 2015 Legislative Update for Public Agencies
December 09, 2014
The California legislature passed numerous bills, which will go into effect on January 1, 2015, that will impact California employers. This webinar will provide an overview of key legislation, as well as pertinent employment law cases that will impact California's public agencies.
Critical Updates For Public Safety: To Purge or Not to Purge
December 10, 2014  |  10:00 AM
This webinar will outline the legal requirements re retaining and purging documents in personnel files and Internal Affairs (IA) investigation files. The webinar will also discuss agency policies regarding optional purging of IA files and the strategic considerations in purging versus retaining documents, and the need to coordinate with the agency's Human Resources Department regarding document retention procedures.
Elimination of Bias in the Legal Profession
December 16, 2014  |  10 AM
As the calendar year draws to a close, don't miss your chance to fulfill the "Elimination of Bias" MCLE requirement. Register for this webinar today.
2015 LCW Annual Public Sector Employment Law Conference
March 05, 2015
The registration for the Liebert Cassidy Whitmore's 17th Annual Public Sector Employment Law Conference is now open!

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To Contact Liebert Cassidy Whitmore:
Los Angeles 310.981.2000 | Fresno 559.256.7800 | San Francisco 415.512.3000 | San Diego 619.481.5900 info@lcwlegal.com
© 2014 Liebert Cassidy Whitmore