J. Scott Tiedemann

J. Scott Tiedemann Managing Partner

Scott Tiedemann is the Managing Partner of Liebert Cassidy Whitmore, California's largest education and public sector and non-profit labor and employment law firm.

Scott is perhaps best known as a leading advocate for, and trusted advisor to public safety agencies across California.  He is called upon in high profile cases to advise public safety executives regarding how to conduct complex investigations, manage media relations and navigate the procedural complexities of the Public Safety Officers and Firefighters Procedural Bill of Rights.  He has earned a reputation for successfully prosecuting many difficult cases involving allegations ranging from excessive force to sexual abuse to fraud.

Scott has prevailed in multiple published appellate cases that have helped public safety employers more effectively manage their employees.  His published decisions on behalf of public safety employers include, among others:  Upland Police Officers Association v. City of Upland (2003) 111 Cal.App.4th 1294, Benach v. County of Los Angeles (2007) 149 Cal.4th 836 and Thompson v. City of Monrovia (2010) 186 Cal.App.4th 860, Ferguson v. City of Cathedral City (2011) 197 Cal.App.4th 1161, County of Los Angeles v. Mendez (2017) 137 S.Ct. 1539; San Francisco Police Officers’ Assoc. v. San Francisco Police Comm. (2018) 27 Cal.App.5th 676.

Scott also represents a wide variety of other government agencies in labor and employment matters.  Scott serves as lead negotiator for multiple employers in collective bargaining with both safety and general employee bargaining units. 

Scott's practice also includes conducting complex investigations, counseling and management training.  He frequently speaks at national and statewide conferences, including the California Police Chiefs Association, the League of California Cities, and CalPELRA, on subjects such as disciplinary investigations, workplace harassment, employment discrimination, free speech, privacy and ethics.

Scott frequently is asked to lend his knowledge and expertise to other professional organizations.  He is General Counsel to the Los Angeles County Police Chiefs Association and previously served as Chair of the Southern California Police Legal Advisors Committee, Chair of the Labor Relations subcommittee on the dissolution of redevelopment agencies for the League of California Cities, and served on the Board of Advisors of the California Public Employee Relations (CPER) program. 

Scott authored the CPER Pocket Guide to the Firefighters Procedural Bill of Rights, is an editor of the CPER Pocket Guide to the Public Safety Officers Procedural Bill of Rights, and Chapter 8 (The Public Safety Officers and Firefighters Procedural Bill of Rights Acts) of California Public Sector Employment Law, State Bar of California/LexisNexis (2018).

Education

  • BA, Loyola Marymount University

  • JD, Loyola Marymount University School of Law

ADMINISTRATIVE HEARING

Police Officers v. City (2018) - Currently prosecuting judicial appeals of multiple officers terminated in connection with an internationally renowned incident of excessive force resulting in the death of a citizen.

Police Officer v. City (2017) - Personnel commission upheld the termination of a police officer for false statements in court.

Police Officer v. City (2017) - Demotion of a peace officer for insubordination upheld after an administrative appeal.

Police Officer v. City (2017) - Civil service commission upheld the termination of a police officer for failure to disclose opiate use during the pre-employment medical examination.

Firefighter v. City (2016) - Administrative Law Judge upheld discipline of firefighter for misappropriation of private property left at a firehouse.

Police Officer v. City (2014) - A hearing officer upheld the termination of a police officer who misappropriated evidence - stolen power tools - and put it to use in his construction business. The officer claimed that an employee of a home improvement warehouse from which the property was originally stolen gave him permission to keep the tools.

Police Officer v. City (2014) - A former police officer abandoned his appeal after the Department's presentation of its case in the Department proved the former officer had taken a title loan on his vehicle and then sold the same vehicle to an unsuspecting buyer from whom the vehicle was repossessed.

APPELLATE

San Francisco Police Officers’ Assoc. v. San Francisco Police Comm. (2018)-  Filed an amicus brief for the League of Cities and the California State Association of Counties.  The police association argued that the employer was obligated to arbitrate denial of a grievance alleging that the employer breached a contractual obligation to negotiate changes to its use of force policy.  But the MOU only required the employer to negotiate over matters within the scope of representation and the Court of Appeal held, among other things, that establishment of a use of force policy is a management right and involves a municipality’s exercise of police power that cannot be bargained away. 

County of Los Angeles v. Mendez (2017)- Submitted amicus brief at the U.S. Supreme Court on behalf of the Los Angeles County Police Chiefs Association.  The case held that the Ninth Circuit Court of Appeal’s provocation doctrine was inconsistent with the Supreme Court’s decision in Graham v. Connor, the seminal case establishing that an officer’s use of force must be judged according to an objective reasonableness standard.   The provocation doctrine had provided that officers could be liable for their otherwise reasonable force if they intentionally or recklessly committed an earlier Fourth Amendment violation that led to the use of force that injured plaintiff.

Hinderliter v. City of La Habra (2013) - After a personnel board upheld the termination of a police officer for dishonesty, a superior court judge determined that the dishonesty did not warrant termination of the officer's employment. The Court of Appeal reversed the trial court, holding substantial evidence supported the trial court's finding that the officer repeatedly lied to a superior officer and that the trial court erred in finding the City abused its discretion by terminating the officer.

Alice Robin v. City of Monrovia (2013) - Appellant Robin sued the City for allegedly retaliating against her, in violation of Title VII, after she filed complaints with the Equal Employment Opportunity Commission.  At trial, the jury was instructed to consider whether four separate actions by the City – including the offer of a retirement package known as the "Golden Handshake" – were retaliatory acts.  The jury returned a verdict in favor of the City and the Ninth Circuit Court of Appeals affirmed.  Robin appealed on the grounds that the trial court erred by not giving a jury instruction that the settlement agreement offered to her as part of the Golden Handshake did not comply with the Older Workers Benefit Protection Act (OWBPA). The Ninth Circuit rejected this argument, but it did conclude that the district court erred by declining to give an instruction setting forth the OWBPA's requirements.  Although the Court found error, it concluded that it was harmless based on the evidence at trial because it is more probable than not that the jury would have reached the same verdict even with the OWBPA instruction.

Ferguson v. City of Cathedral City (2011) - The Court of Appeal upheld termination of a police officer for solicitation of prostitution after the officer declared an earlier settlement agreement with the City "null and void" under which he had been suspended without pay.  The Court of Appeal also held that the City did not violate the officer's Skelly rights when the officer, who claimed to be unable to be able to drive the City for a Skelly meeting, was terminated without a Skelly meeting after he did not avail himself of various accommodations offered to him by the City to enable him to exercise his Skelly rights.

Thompson v. City of Monrovia  (2010) - In a case handled by Scott Tiedemann and Judith Islas, the Court of Appeal, second judicial district, affirmed summary judgment in this alleged retaliation and harassment case brought by a Caucasian police officer based on alleged discriminatory treatment towards his African-American co-worker.  Specifically, the officer claimed he was retaliated against for reporting alleged discriminatory treatment of his African-American co-worker and for testifying on the co-worker's behalf in a separate lawsuit brought by the co-worker.  The officer also alleged the City failed to investigate the alleged harassment and retaliation. In a lengthy opinion, the Court decisively rejected all of the officer's arguments.  Key in the court's analysis was the long and well documented history of the officer's performance issues.  On the harassment and hostile environment claims, the Court concluded that a Caucasian officer can premise these causes of action based on an association with or advocacy on behalf of another officer's protected classification but must show he was personally subjected to unwanted racial comments as a result of the association or advocacy and also, that the conduct was severe and pervasive, which the officer failed to so in this case.

Lopez v. Imperial County Sheriff's Office  (2008) - Two correctional officers appealed a Personnel Board ruling upholding their terminations based upon a tie vote by the Board. The correctional officers argued that their terminations should be overturned on a tie vote. The Appellate Court rejected that position affirming the trial court's ruling that the terminations were not to be overturned but the officers were to receive a new hearing.

Benach v. County of Los Angeles  (2007) - The California Court of Appeal held that removing a deputy sheriff from his special assignment as a pilot "without a concomitant loss of rank or pay" is not a punitive action which entitles the deputy sheriff to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act.

NEGOTIATIONS

Miscellaneous Employees Association (2018) - Negotiated collective bargaining agreement that established 9/80 work schedule on a trial basis and afforded employer the ability to revert to 5/40 without further obligation to meet and confer.

Police Officers Association (2017) - Secured four-year collective bargaining agreement with police association that afforded city council flexibility to negotiate the fixed cost of living adjustments in last two years of an agreement without risk of fact-finding if increases were denied.

Police Officers Association (2017) - Negotiated memorandum of understanding that eliminated EPMC for classic members.

Miscellaneous Employees Association (2017) - Negotiated memorandum of understanding that eliminated EPMC for classic members.

 

Education

  • BA, Loyola Marymount University

  • JD, Loyola Marymount University School of Law

Los Angeles County Police Chiefs Association

California State Bar Labor & Employment Association

Education

  • BA, Loyola Marymount University

  • JD, Loyola Marymount University School of Law

Selected for inclusion in Southern California Super Lawyers, (2014-2019)

Top 75 Labor & Employment Lawyers, Daily Journal, (2013)

Selected for inclusion in Southern California Rising Stars, (2010-2011)

Education

  • BA, Loyola Marymount University

  • JD, Loyola Marymount University School of Law

Aug 9, 2019

Pocket Guide to the Firefighters Procedural Bill of Rights Act – 5th Edition

J. Scott Tiedemann, Managing Partner of LCW, is the author of the California Public Employee Relations (CPER)’s “Pocket Guide to the Firefighters Procedural Bill of Rights Act – 5th Edition.”

Jun 28, 2019

Budget Trailer Bill SB 94 Clears Up Ambiguity Regarding Public Access to Body Camera Videos, Amending AB 748

On Thursday, June 27, 2019, Governor Newsom signed into law the new State Budget as well as accompanying budget trailer bills.  One of the budget trailer bills, Senate Bill 94, contains clean-up language for provisions added to the California Public Records Act by last year’s Assembly Bill 748.

Apr 1, 2019

Court of Appeal Issues First Published Decision on Senate Bill 1421 and Retroactivity

Over the past three months, since California Senate Bill 1421 went into effect on January 1, 2019, numerous public agencies across California have been involved in litigation over whether the new law applies to records created before 2019. After conflicting decisions from various superior courts, some of which we discussed in a previous blog post, the California Court of Appeal has now issued the first published decision addressing this issue.

Mar 18, 2019

Law Enforcement’s Attorneys Say Purging Records Doesn’t Violate New Law

J. Scott Tiedemann Quoted in Daily Journal Article

On March 18th, the Daily Journal published the article “Law Enforcement’s Attorneys Say Purging Records Doesn’t Violate New Law,” covering the ongoing discussions between law enforcement agencies, their attorneys, and the courts on whether law enforcement departments can purge emails containing  potentially sensitive information that could be viewed as integral to ongoing litigation. 

Feb 22, 2019

Police In Ventura County Cope With Requests for Personnel Records That Are Now Public

Scott Tiedemann featured in VC Star Article.

For decades, California peace officer personnel records could only be obtained through the Pitchess motion procedure.  This regime changed dramatically in January 2019, when Senate Bill 1421 took effect, allowing public access under the California Public Records Act to peace officer personnel records. 

Jan 28, 2019

The Thin Blue Line

Scott Tiedemann and Sarah Lustig authored an article for the Daily Journal on Senate Bill 1421 which took effect Jan. 1, 2019. 

Education

  • BA, Loyola Marymount University

  • JD, Loyola Marymount University School of Law

20 November 2019
Speaking Engagements

Labor Relations Game Show!

California Public Employers Labor Relations Association (CALPELRA) 2019 Annual Conference Monterey
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7 November 2019
Speaking Engagements

Public Safety Legal Update

Orange County Police Chiefs' Fall Workshop Santa Ana
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30 October 2019
23 October 2019
17 October 2019
Speaking Engagements

#MeToo2.0: A Guide to Help Navigate New Workplace Harassment Laws

League of California Cities Long Beach
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10 October 2019
Customized Trainings

POBR

City of Irvine Police Department Irvine
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Education

  • BA, Loyola Marymount University

  • JD, Loyola Marymount University School of Law

Contact Us

General Inquiries

info@lcwlegal.com

Contact a Specific Office

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Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 800.981.2000.

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