Dec 3, 2018 Client Update

District Attorney’s Final Determination Not to Prosecute Restarts POBRA Statute of Limitations.

Under the Police Officer Bill of Rights Act (“POBRA”), when the one-year statute of limitations on an internal affairs investigation is tolled (or paused) during the pendency of a criminal investigation or prosecution, that tolling ends when the District Attorney makes a final determination not to prosecute the public safety officer.

Dec 3, 2018 Client Update

Court of Appeal Clarifies that Questions that Focus on Misconduct Trigger Right to Representation During Interrogation.

The Public Safety Officers Procedural Bill of Rights Act (“POBRA”) lists several rights that employers must give peace officers.  These rights include the opportunity, upon request, to have a representative present for any interrogation focusing on matters that are likely to result in “punitive action.”  (Gov. Code section 3303, subd. (i).)  The POBRA defines “punitive action” as “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”  (Gov. Code section 3303.) 

Nov 29, 2018 Blog Posts
Court — and Legislature — Limit Employer Use of “Offer of Compromise” in FEHA Litigation

Court — and Legislature — Limit Employer Use of “Offer of Compromise” in FEHA Litigation

Nov 29, 2018 Public Education

AB 1962 – Amends the Definition of “Foster Youth” for Local Control Funding Formula (LCFF) to Include Foster Students under the Placement of an Indian Tribe

The Local Control Funding Formula provides funding to the local educational agency. Part of the calculation of that funding is based on the number of students of the local educational agency in foster care. This bill amends the LCFF definitions to include in the definition of “foster youth” a dependent child of the court of an Indian tribe, consortium of tribes or tribal organization who is the subject of a petition filed in the trial court pursuant to the court’s jurisdiction in accordance with the tribe’s law. The student must meet the definition of a dependent of the juvenile court (foster youth) under Welfare and Institutions Code 300 to be counted in the funding formula. This provision becomes effective no later than the 2020-2021 fiscal year.

 

 

Nov 29, 2018 Public Education

AB 1840 – Establishes Local Solutions Grant Program to Address Need for Special Education Teachers; Allocates Funding to Charter School Facility Grant Program

This bill establishes the Local Solutions Grant program, which appropriates fifty million dollars from the General Fund to provide one-time competitive grants to local educational agencies to develop new or expand existing, locally identified solutions that address a local need for special education teachers. The funding is for the 2018-2019 fiscal year.

Nov 29, 2018 Public Education

AB 2235 – Provides That a County Superintendent of Schools Will Receive Average Daily Attendance Funding for Students Enrolled in a School Operated by a County Office of Education

Under current law, if a county superintendent of schools enrolls a pupil in as school operated by the county superintendent of schools, the attendance generated by that pupil must be credited to the pupil’s school district of residence.