Public Sector Employment Law Update League of CA Cities Annual Conference September 7, 2012

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1 Public Sector Employment Law Update League of CA Cities Annual Conference September 7, 2012 Presented By: Richard Whitmore Discipline County Could Terminate State Licensed Commissioner And Sealer For Failing To Adequately Perform Her Job Duties. Neville v. County of Sonoma (2012) 206 Cal.App.4th 61 [141 Cal.Rptr.3d 570]. 2 1

2 Discipline Terminated Peace Officer Had No Right Under The POBRA To Production Of His Personnel And Internal Affairs Files. Barber v. California Department of Corrections and Rehabilitation (2012) 203 Cal.App.4th 638 [137 Cal.Rptr.3d 727], review den. 3 Retaliation An Employee Can Be Disciplined For Filing A False Harassment Complaint. Joaquin v. City of Los Angeles (2012) 202 Cal.App.4th 1207 [136 Cal.Rptr.3d 472], review den. 4 2

3 Retaliation A Partner Can Sue the Partnership for Retaliation Under the FEHA. Fitzsimons v. California Emergency Physicians Medical Group (2012) 205 Cal.App.4th 1423; 141 Cal.Rptr.3d Discipline/First Amendment Employee s Subpoenaed Testimony Was Protected Speech. Karl v. City of Mountlake Terrace (9th Cir. 2012) 678 F.3d

4 Non-Employee Union Representatives Had The Right To Access Public And Non-Public Areas In Order To Visit Union Bulletin Boards And Non-Work Areas Where Employees Congregate. SEIU, Local 721 v. County of Riverside (2012) PERB Dec. No M [35 PERC ]. 7 A Local Agency May Not Enforce A Rule That Prohibits Both Non-Safety And Safety Employees From Being In The Same Bargaining Unit. SEIU Local 1021 v. County of Calaveras (2012) PERB Dec. No. 2252M [35 PERC ]. 8 4

5 City s Hard Bargaining Was Consistent With Its MMBA Duty To Meet And Confer In Good Faith. Glendale City Employees Assn. v. City of Glendale (2012) PERB Decision 2251-M [35 PERC ]. 9 Imposing Last, Best, and Final Offer After Parties Could Not Agree on Factfinding Timing and Protocols Violated the Meyers-Milias-Brown Act. Davis City Employees Ass n. v. City of Davis (2012) PERB Dec. No M [ PERC ]. 10 5

6 Employer s Subsequent Willingness to Meet and Confer Did Not Cure Unlawful Unilateral Change in Policy. Stanislaus Consolidated Firefighters, Local 3399 v. Stanislaus Consolidated Fire Protection District (2012) PERB Dec No M [ PERC ]. 11 Manager Did Not Interfere with Employee s Union Rights When He Counseled an Employee. Jones v. County of Santa Clara (2012) PERB Dec No M [ PERC ]. 12 6

7 PERB Has Initial Jurisdiction Over Union s Claim That City Failed to Meet and Confer Before Placing Pension Reform Initiative on the Ballot. San Diego Municipal Employees Association v. Superior Court of San Diego County (2012) Cal.App.4th [2012 WL ]. 13 Hiring U.S. EEOC Issues Guidance On The Use Of Arrest And Conviction Records in Hiring. 14 7

8 Governmental Immunity A Private Individual Temporarily Retained By The Government to Carry Out Its Work Is Entitled To Seek Qualified Immunity From Suit. Filarsky v. Delia (2012) 132 S.Ct. 1657, on remand to (9th Cir ) F.3d [2012 WL ]. 15 Public Records Act Names of Police Officers Involved in Shooting Are Public Records. Long Beach Police Officers Ass n v. City of Long Beach (2012) 136 Cal.Rptr.3d 868, review granted and opinion superseded by 140 Cal.Rptr.3d

9 Retirement Employee With Psychiatric Condition Could Not Establish That His Job Duty To Interact With Angry Clients Substantially Caused His Disability. Valero v. Board of Retirement of Tulare County Employees Retirement Ass n (2012) 205 Cal.App.4th 960 [141 Cal.Rptr.3d 103]. 17 Retirement City s Retroactive Repeal Of Program To Calculate Retirement Benefits In A Certain Manner Was Not A Breach Of Contract. San Diego City Firefighters, Local 145, AFL- CIO v. Board of Administration of the San Diego City Employees' Retirement System (2012) 140 Cal.Rptr.3d

10 Retirement Employer Could Not Reduce Contributions Toward Retiree Health Premiums In Violation Of Collective Bargaining Agreements. Alday v. Raytheon Co. (9th Cir. 2012) F.3d [2012 WL ]. 19 Retirement Retirees May Sue County For Restructuring Their Medical Benefit Plan. Harris v. County of Orange (9th Cir. 2012) F.3d [2012 WL ]

11 Sex Discrimination/Retirement Facially Neutral Pension Plan Did Not Support A Sex Discrimination Claim Despite A Potential Disparate Impact. Wood v. City of San Diego (9th Cir. 2012) 678 F.3d Discrimination/Harassment Claims Attorney s Electronic Filing of Administrative Charge of Discrimination Was Sufficient to Exhaust Administrative Remedies. Rickards v. United Parcel Services, Inc. (2012) Cal.App.4th [2012 WL ]

12 Fair Labor Standards Act Firefighters Not Entitled to Pay For Travel For the Firefighters Convenience Only. Balestrieri, et al v. Menlo Park Fire Protection District (N.D. 2010) CV SBA. 23 Health Care Act The Supreme Court Upholds The Individual Mandate Under The Patient Protection And Affordable Care Act National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services, et al., 567 U.S. (2012)

13 Thank You Questions? 25 13