Donald A. Velez

Transcription

1 Donald A. Velez Partner Oakland 1901 Harrison Street, Suite 900 Oakland, CA d t f dvelez@bwslaw.com Donald (Dino) A. Velez has over 20 years of litigation experience representing public entities, and over 12 years experience representing and advising public school districts and public entities on labor, employment, and personnel matters; board issues; charter schools; student issues; and litigation. In the labor and employment arena, Mr. Velez conducts labor negotiations and advises school districts and public entities on their personnel matters and employment issues. He has successfully defended civil rights and discrimination lawsuits and successfully argued in the courts of appeal. Mr. Velez has represented entities in arbitrations, dismissal and termination proceedings, certificated layoffs, and has represented numerous clients at PERB, EEOC, DFEH, and other administrative bodies. Mr. Velez s experience in labor, employment, and personnel law includes: Labor negotiations for certificated and classified bargaining units, including negotiation of salary and benefits; furlough days, retirement incentives, evaluation and PAR/BTSA articles, and transfer articles Won numerous arbitrations of grievances over issues such as, pension contributions; staff development buy back days and funding flexibility; instructional minutes and prep time for teachers; release time for union officers; class schedules; transfers; evaluations; and PAR/BTSA funding and implementation Prosecution of teacher and classified disciplinary action, including certificated dismissals and hearings Defended a large district against a class action suit by retirees relating to lifetime health benefits Investigation of personnel matters, including allegations of sexual harassment, discrimination and retaliation Defended several large districts against sexual harassment suits brought by employees and/or students Trained administrators and managers on Prevention of Sexual Harassment; Progressive Discipline and Documentation; Investigations and Personnel Records; and Best Practices for Acceptable Use of Technology and Social Media Mr. Velez s charter school experience includes: Successfully defended district against multiple writ petitions claiming offer of facilities under Proposition 39 was not reasonably equivalent Review of start up charter petitions, coordination of staff input, and the preparation and presentation of

2 recommendations to grant or deny charter petitions before district boards; Review and response to Proposition 39 facilities requests; preparation of the record supporting facilities offers; and preparation of facilities offers Mr. Velez has also represented districts with respect to board issues, student matters, and construction and professional negligence litigation. Mr. Velez conducts trainings for board members and administrators at ACSA, CSBA, CASBO, and other associations, as well as for school districts throughout California. Representative Matters Benitez v. New Haven Unified School District Crews v. Willows Unified School District Pittsburg Society for the Preservation of Historical Resources v. Pittsburg South San Francisco USD v. VBN Architects, et al. Sunnyvale School District v. Jacobs Tahoe Truckee Unified School District v. Town of Truckee Tahoe Truckee USD v. Clark & Sullivan, et al. Thompson v. Mt. Diablo West Contra Costa USD v. Charles T. Bryant and Associates West Contra Costa USD v. RDSArchitects, Arntz Builders, et al. Willis v. San Jose Unified School District Yesenia M. v. Lompoc Unified School District, et al. Presentations Promoting Student Safety: Child Abuse Reporting and Safe Personnel Practices for Public School District Personnel, February 13, 2015 Best Employment Practices - Documenting Performance Issues, San Mateo Office of Education, May 10, 2013 iwhat? How Does Cyberspace Affect Your Personnel Practices?, North State Spring Conference, April 27, 2013 How Will You Make Your Dismissal Case?, CASBO Annual Conference, April 5, 2013 How Will You Make Your Dismissal Case?, CASBO Professional Development Institute, February 15, 2013 How to Best Use Your Board's Attorney, California School Boards Association Annual Conference, November 30, 2012 How Do Cyberspace and Social Media Affect Your Personnel Practices?, School Personnel Commissioners Association, Northern California Annual Conference, October 13, 2012 Legal Trends, Association of California School Administrators Personnel Institute, September 19, 2012 Legal Parameters on Contracting Out Classified Work, California School Personnel Commissioners Association, October 2011

3 School District Liability, California Association of School Business Officials (CASBO), October 2011 Human Resource Adventures in Cyberspace, Association of California School Administrators (ACSA) Personnel Institute, October 2011 HR Adventures in Cyberspace, ACSA North State Spring Conference, April 2011 Searching for Safe and Drug Free Schools, ACSA Every Child Counts Symposium, January 2011 Mean Boys and Girls: Cyberbullying, ACSA Every Child Counts Symposium, January 2011 Prevention of Sexual Harassment for Supervisors, Multiple Locations, Understanding and Managing the Brown Act, Multiple Locations, Compliance with California Public Records Act, Multiple Locations, Charter Petition Review, Multiple Locations, Employee Discipline and Investigations, Multiple Locations, Certificated Layoffs and Employee Classifications, Multiple Locations, Tort Claims, Litigation Strategy, and Deposition Techniques for Public Entity Litigators, Multiple Locations, Personnel Issues in Cyberspace, ACSA Personnel Institute, September 2010 I walk the Line: Students and Criminal Behavior, ACSA Every Child Counts Symposium, January 2010 Cyberbullying and Facebook, California School Boards Association (CSBA), December 2009 Cyberbullying and Facebook, Small School District's Association, April 2009 Conducting Workplace Investigations, California Personnel Commissioners' Association Conference, February 2008 Gangs, Dress Codes, and At-Risk Situations, ACSA Every Child Counts Symposium, January 2008 Publications Former Permanent Teacher Was Properly Rehired as a Substitute Teacher Following a Break in Service, November 3, 2014 School District Violated Title IX by Failing to Provide Equal Facilities and Access, and Retaliated Against Students by Firing Their Coach, September 30, 2014 New Law Limits Suspensions or Expulsions of Students from School for Disruption or Willful Defiance, September 30, 2014 New Law Requires Annual Mandated Reporter Training for School District Personnel, September 30, 2014 Court of Appeal Upholds Teacher Dismissal Based on Oral Charges Presented to District's Board of Trustees, August 1, 2014 School District Need Not Reveal Teachers' Names in Association with Academic Growth Scores in Response to Public Records Act Request, July 25, 2014

4 Governor Brown Signs Assembly Bill 215, Revising Portions of Dismissal and Suspension Statutes for Certificated Employees, June 30, 2014 Teacher Tenure and Dismissal Statutes Ruled Unconstitutional, June 2014 Court of Appeal Supports Districts' Right to Discipline Students, and Highlights Due Process Requirements and Review Standards for Involuntary Transfers, April 1, 2014 A District Cannot Unilaterally Reduce Work Hours or Work Year without Negotiating the Reduction, January 2014 Public Agency is Not Required to Produce Records that it Has Not Prepared, and Does Not Own, Use, or Retain Under the California Public Records Act, December 20, 2013 Charter Schools Not Subject to Expulsion Hearing Requirements, June 2013 Education Law Update Traffic Impacts and Fees, Coalition for Adequate School Housing (C.A.S.H), 2009 Environmental Mitigation Handbook PRACTICE GROUPS Education Law Labor and Employment Law EDUCATION University of California, Hastings College of the Law J.D. University of California, Davis B.A. ADMISSIONS State Bar of California United States Court of Appeals for the Ninth Circuit United States District Court for the Central District of California United States District Court for the Eastern District of California United States District Court for the Northern District of California United States District Court for the Southern District of California MEMBERSHIPS & ASSOCIATIONS California Council of School Attorneys

5 California Council of School Attorneys