Frances Rogers

Frances Rogers Partner

Frances Rogers provides representation and legal counsel to public agency clients in all matters pertaining to labor, employment and municipal governance. In addition to extensive litigation, arbitration, and administrative hearing experience, Frances is also experienced and knowledgeable on matters including, harassment and discrimination, employee misconduct/discipline, leaves, performance management, workplace safety, wage and hour, the Public Records Act, Ralph M. Brown Act and ethics in public service. Frances is also an experienced administrative investigator on matters of employee misconduct.  Frances advises and represents law enforcement and fire agencies on employee discipline, internal affairs investigations, disability, the Peace Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act.

Frances also represents and advises community college districts and school districts in several areas including student discipline, campus safety and police, teacher/faculty/classified discipline, reduction-in-force, merit system, hiring, leaves, Title IX, Clery Act, FERPA, Brown Act, ethics and governance.  In 2008, Frances served as Interim General Counsel for a California community college district.

Frances has extensive experience advising and advocating for local government agencies on retirement issues involving CalPERS, '37 Act county retirement systems, STRS, and other local municipal pension systems. Frances has advised and represented clients on matters including reduction in retirement costs, pensionable compensation, retirement system membership, employer and employee contributions, U.S. and State Constitution vesting issues, disability retirement, post-retirement employment limitations, and retiree health insurance.

Frances has experience in labor negotiations and matters involving labor relations, specifically with respect to the Meyers-Milias-Brown Act and the Educational Employees Relations Act. She has negotiated collective bargaining agreements on behalf of public agencies and handled and advised on other labor relations matters including, PERB complaints, unfair labor practices, unilateral implementation, labor grievances and litigation, and decertification/certification.

Frances is also a contributing author to the firm's California Public Agency Labor & Employment Blog.

Prior to joining Liebert Cassidy Whitmore Frances worked for a Central Valley firm handling a variety of civil litigation.

LITIGATION

Scarpino v. City of Perris and County of Riverside (2017) - Plaintiffs alleged the County’s CalPERS retirement benefit formula should apply to their years of service at a prior CalPERS agency. The Court granted summary judgment in favor of the client, the county, on the grounds the Plaintiffs failed to exhaust their administrative remedies before CalPERS.

South Pasadena Police Officers Assn. v. City of South Pasadena (2015) - California Court of Appeal upheld judgment in favor of the City upon labor unions' petition for a writ of mandate to compel the City to revoke its change in contributions to retiree medical insurance. The Court found no violation of the U.S. or California Constitutions when, after exhausting meet and confer processes, the City unilaterally imposed a change in the City's contribution to the retiree medical insurance for current employees. The Court held the MOU's promise of retiree medical contributions was only binding until the expiration of the MOU. Employees who did not retire during the term of the MOU had no vested right to any level of City contributions to retiree medical after the MOU expired and another MOU entered into or an imposition of terms and conditions of employment after impasse.

San Bernardino County of Public Attorneys Association (SBCPAA) v. County of San Bernardino, et. al. (2014) - Successfully defended the County of San Bernardino against SBCPAA's challenge to the County, eliminating its pick-up of a portion of the employees' contribution to the retirement system. SBCPAA argued that a statute enacted as part of the PEPRA actually required the County to continue the pick-ups absent the employees' agreement to a change in the employer contribution.

Orange County Attorneys Assn. v. County of Orange (2014) - Defended the County against a petition for writ of mandate brought by the labor organization seeking to compel the County to continue picking up employee member contributions to the county retirement system.  The court held that the County did not violate Government Code section 31631 when, after the MOU expired, it unilaterally imposed a discontinuation of the County's pick-up of member contributions and a continuation of the employees' obligation to pay the "past service liability" occasioned by the adoption of an enhanced benefit formula.

Chidester, et. al. v. Rancho Santiago Community College District (2012) - This was a successful outcome of part-time employee's suit to be reclassified as a full-time contract employee.  The court ruled against the employee based the doctrine of laches. The Orange County Superior Court held that 13 years was per se an unreasonable delay in seeking relief.

IAFF, Fresno City Firefighters Assoc., Local 753 v. City of Fresno (2010) - Labor union filed a petition for temporary restraining order and permanent injunction to block the City's intended work furloughs. We successfully defeated the petition for temporary restraining order and the union thereafter dismissed the petition for permanent injunction.

Santa Maria Police Officers Association v. City of Santa Maria (2010) - Police Officers Association (POA) filed a petition for writ of mandate to block the City's enforcement of a police officer shift bidding system, alleging the City's action violated the Meyers-Milias-Brown Act. After hearing on the petition, the court decided in favor of the City.

Ellis v. City of Reedley (2007) - (Not Reported) Former police officer sued City-employer for several claims relating to his termination, including disability discrimination and failure to provide reasonable accommodation and engage in the interactive process under the Americans with Disabilities Act (ADA). We successfully obtained summary judgment in favor of the City on all three ADA causes of action.

NEGOTIATIONS

City of Vista - Fire Negotiations.

City of Pico Rivera - Negotiations for Four Different Bargaining Units.

City of El Cajon - Non-Safety Negotiations.

Grossmont-Cuyamaca Community College District - Faculty Negotiations.

Orange County – Deputy Sheriffs Association Contract Negotiations

San Diego County Bar Association
Apr 28, 2017

Retirement for Disability – Latest Developments in CalPERS’ Requirements

Retirement for disability can already be a cumbersome and confusing process. The California Public Employees’ Retirement System’s (CalPERS) new and additional mandates – as set forth in its March 30, 2017 Circular Letter – raises the ante. The Letter informs all contracting public agencies of the following six requirements pertaining to the disability retirement of local safety members.

Jan 23, 2017

CalPERS Explains Impact to Employer Contributions Due to Reduction in the Assumed Rate of Return

On January 19, 2017, CalPERS provided greater clarity on how contracting agency employers, and even some members, will see contribution rate increases due to a decision to reduce the assumed rate of return.

Dec 20, 2016

CalPERS Poised to Lower Discount Rate Again, Increase Employer Contributions

CalPERS agencies still reeling from the increase in employer contribution rates beginning 2013/2014 may very well experience yet another increase in the next couple of years due to a further reduction in the “discount rate” or rate of return.

Sep 14, 2015 Press Release

Liebert Cassidy Whitmore Announces Melanie Chaney, Heather DeBlanc, and Frances Rogers Named Partners

New Partners Continue Long Tradition of Women Leaders at the Firm

Aug 26, 2015 Press Release

LCW's Frances Rogers Quoted in a Quartz's Article on Affordable Care Act

Frances Rogers, attorney in the San Diego office of Liebert Cassidy Whitmore,...
Jan 30, 2015

M&G Polymers May Impact Private And Public Sector

Law360, New York (January 29, 2015, 11:15 AM ET) -- Frances RogersOn Ja...

10 May 2018
Consortium Trainings

The Disability Interactive Process

San Diego Fire Districts Bonita
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15 February 2018
Speaking Engagements

Ethics AB1234 Compliance Training

California Special Districts Association (CSDA) District Network Meeting Vista
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8 February 2018
Consortium Trainings

Difficult Conversations

Imperial Valley ERC Imperial
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8 February 2018
5 December 2017
Customized Trainings

Key Legal Principles for Public Safety Managers - POST Management Course

Peace Officer Standards & Training - POST San Diego
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