News for Public Safety Officers
The law firm of Mastagni, Holstedt, Amick, Miller & Johnsen, A.P.C. maintains an extensive practice on behalf of California public safety/public employees in matters ranging from internal discipline to defense of criminal charges. Our employment and labor law attorneys also represent unions in collective bargaining and help individual workers with employee issues such as wage and hour claims, disability and retirement, and workers’ compensation. For more information, see our page on Public Safety/Public Employees Labor Law.
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Recently Published Decisions
- White v. County of Sacramento — (1982) 31 Cal.3d 676 — Seminal case under the Public Safety Officers Procedural Bill of Rights Act (POBR). The California Supreme Court held any transfer involving a loss of pay is a punitive action entitling the peace officer employee to the opportunity for an administrative appeal.
- Lowe v. Civil Service Commission — (1985) 164 Cal.App. 3d 667 — Reversal of trial court's grant of writ sought by Department after Civil Service Commission ordered reinstatement of deputy. Appellate Court ruled the independent judgment test is not applied when reviewing an administrative agency's decision at the employer's request; i.e., only the employee is entitled to the independent judgment test on review.
- Stanton v. City of West Sacramento — (1991) 226 Cal.App.3d 1438 — Court of Appeal held police officer entitled to appeal letter of reprimand to chief of police.
- Girard v. West Sacramento Police Department — (1997) Opinion and Decision After Reconsideration of Workers' Compensation Appeals Board (WCAB) decision finding that employer may not involuntarily terminate full year of extended temporary total disability (TTD) benefits under Labor Code Section 4850 provided peace officer is either temporarily disabled or participating in vocational rehabilitation.
- Smith v. County of Alameda — (1998) Unpublished decision of the First District Court of Appeal finding a probation department and its chief probation officer violated an officer's due process and Police Officer Bill of Rights (POBR) rights in an involuntary transfer.
- Witherspoon v. County of Sutter — Unpublished decision of the Third District Court of Appeal ruling trial court acted appropriately in granting a temporary restraining order and preliminary injunction prohibiting the Sheriff's Department from transferring a bailiff permanently assigned to the Courts.
- Rath v. Sacramento County DSA — (2002) Unpublished decision of the Third District Court of Appeal holding an office manager's claim of wrongful termination was precluded by the fact the Sacramento County Deputy Sheriffs' Association (SCDSA) fulfilled a fixed term employment contract with the plaintiff.
- Sacramento Police Officers Association v. Venegas — (2002) 101 Cal.App.4th 916 — Published decision by the Third District Court of Appeal expanding the POBR right to review adverse documents to include sustained findings not resulting in discipline.
- City of Los Angeles v. Superior Court — (2002) 29 Cal.4th 1 — Published decision by California Supreme Court regarding disclosure of peace officer personnel records in Pitchess/Brady motions. (Amicus curiae for PORAC and PORAC LDF)
- Cynthia Jackson ex rel. Davis v. WCAB — (2005) 2005 WL 2093026 — Published decision by the Third District Court of Appeal upholding the heart trouble presumption for state correctional officers.