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Fall River

No More Thumbs Up on Social Media

  • Margaret E. Long, Partner 
No More Thumbs Up on Social Media On September 18, 2020, Governor Newson signed Assembly Bill (AB) 992 into law. AB 992 amends the Brown Act's provisions concerning serial meetings by addressing, for the first time, the use of social media by members of a legislative body. AB 992, which amends Government Code section 54952.2, clarifies what kind of communications a public official may have on social media and what...

California Propositions Are Their Own Beast!

  • P.J. Van Ert
California Propositions Are Their Own Beast! In this election cycle, California voters are faced with several decisions to make following their fellow citizen’s use of the initiative power and placement of propositions on the ballot. Like most elections, many of those initiatives are related to taxation. A recent California appellate decision clarified an important issue about the required number of votes necessary for a proposition to pass...

What in the World is a “Past Practice” and Why do I Care?

  • David Prentice
What in the World is a “Past Practice” and Why do I Care? In the world of public employment and the labor negotiations, the memorandum of understanding (MOU) between the employer and bargaining unit is a valued and protected document.  Indeed, many MOUs contain a “zipper” clause.  This prevents either the employer or employee group from attempts to reopen the agreement during its term.  The point, is that both sides want finality and...

What Now? Cautionary Tale of a Termination with a Twist

  • David Prentice
What Now? Cautionary Tale of a Termination with a Twist Every now and then, a public agency will make a mistake in the handling of a personnel matter.  The following is a cautionary tale with a twist.The City/County of San Francisco terminated a police officer.  The California Court of Appeal subsequently concluded that the officer’s discharge was wrongful.  As a result of the holding, the Court ordered that the discharge...

FMLA ELIGIBLE? WHO KNOWS.

  • David Prentice
FMLA ELIGIBLE?   WHO KNOWS. The FMLA, at Section 102 (a) (1) (C) [Act], establishes that eligibility for leave under the Act must meet certain criteria.  One criterion is to care for a seriously ill family member who is a “spouse, or a son, daughter, or parent…” of the employee.  In other words, the person being cared for must have a biological or legal relationship...

Mandatory Face Covering Requirement

  • Gretchen Dugan
Mandatory Face Covering Requirement Pursuant to the California Department of Public Health updated guidance for the use of face coverings which was announced at approximately noon on June 18, 2020.Please Note:  Executive Order N-60-20, issued on May 4, 2020, ordered that “All residents are directed to continue to obey State public health directives” (emphasis added).  This mandate is issued by the California Department of...