Let’s Talk - Lozano Smith Podcast

Labor and employment specialists Lou Lozano and Darren Kameya join Devon Lincoln for a discussion of the unique challenges arising at the public employee union bargaining table in 2019. The conversation covers the fallout from the 2018 Supreme Court decision in Janus v. AFSCME, the implications of the LAUSD strike and other labor actions, and how public agencies can attempt to navigate in these complicated times. Lozano Smith is pleased to provide public agencies with an in-depth Janus Toolkit including important background information, answers to frequently asked questions, an implementation checklist, templates for communication, and more. Download the toolkit at: www.lozanosmith.com/janustoolkit. For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

The role of law enforcement officers on school campuses is not well understood.  Devon Lincoln is joined by attorney Tom Manniello, an expert in student discipline issues and discipline reform, and Jenell Van Bindsbergen, an attorney specializing in working with police officers and police departments.  In a wide ranging discussion, the panelists lay out the complex issues that come up when an officer polices a school campus. Show Notes & References Client News Brief: Settlement Addresses Discriminatory Treatment of Minority Students and Students with Disabilities (Link to CNB) Client News Brief: New Law Requires Legal Consult Prior to Custodial Interrogation of Minor Under Age 16 (Link to CNB) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This special episode of the podcast features a discussion with negotiator Sarah Kaatz and shares extended excerpts from her successful keynote address at the 2019 ACSA Negotiators' Symposium. Attorney Devon Lincoln talks with Sarah about the life insights she draws on to negotiate with public employee unions in a range of challenging scenarios. For more information on the topics discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.

Following the release of the new California governor’s first proposed budget, Lozano Smith attorneys Devon Lincoln, Karen Rezendes and Mattie Scott sit down to discuss the long history of school finance in the state and how that history reverberates in our schools today – and why the issue should matter to every Californian. Show Notes & References California Constitution (1849) Serrano v. Priest (1971) 5 Cal.3d 584 (“Serrano I”) Serrano v. Priest (1977) 18 Cal.3d 728 (“Serrano II”) Proposition 13 (1978) For more information on the school finance issues discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.

In this Lozano Smith podcast, moderator Sloan Simmons engages with Dr. Daryl Camp, Superintendent of the Riverbank Unified School District, and Lozano Smith Partner Megan Macy, regarding a burgeoning and healthy competition between two separate dual immersion programs operated in Riverbank, one through a dependent charter school and another through in a traditional district school.  Their discussion explores how this existing dynamic in Riverbank serves one of the original purposes of the Charter Schools Act, the benefits of this unique situation, and some of the challenges which arose along the way. Show Notes & References Client News Brief: California Court Rules that Charter Schools Generally Cannot Locate Outside of Their Authorizing School District’s Boundaries www.lozanosmith.com/news/cnb/CNB792016.pdf Lozano Smith's Prop 39 Checklist www.lozanosmith.com/docs/resources/Prop_39_Checklist.pdf CDE's Overview of Biliteracy Instructional Programs www.cde.ca.gov/sp/el/ip/ For more information on the charter school issues discussed in this podcast, please visit our practice group website at www.lozanosmith.com/charterschools or our podcast website at www.lozanosmith.com/podcast.

Are you prepared for 2019? Join Lozano Smith attorneys Dulcinea Grantham and Niki Nabavi Nouri as they discuss three important employee leave and accommodations requirements that will impact school districts and public agencies in the coming year. Show Notes & References 0:50  AB 1976 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2815) 7:29  SB 1085 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2814) 17:20  AB 2012 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2813) For more information on the labor and employment issues discussed in this podcast, please visit our website at www.lozanosmith.com/podcast.

With texting and social media, it seems as though the line between school and “not school” are blurred. School districts are often faced with determining whether they can discipline a student for their conduct while not at school. In this episode, we discuss a school district’s ability to discipline a student for off-campus conduct and go over court cases that analyze this issue. Show Notes & References 3:10  Tinker Standard 6:38  Wynar v. Douglas County. Sch. Dist. (9th Cir. 2013) 728 F.3d 1062  (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2182) 9:24  C.R. v. Eugene School District 4J (9th Cir. 2016) 835 F.3d 1142 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2564) 12:50  J.S. v. Bethlehem Area School District (PA 2002) 569 Pa 638 19:05  J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094 24:24  Shen v. Albany Unified School District (N.D. Cal. 2017) WL 5890089 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2720) For more information on the off-campus discipline issues discussed in this podcast, please visit our website at www.lozanosmith.com/podcast.

This podcast addresses the tension between protecting personal information and the obligation to disclose public records.  Striking the wrong balance may burden either the local agency, or the individual employee, with significant costs.  Hear how best to contend with the money pitfalls of the CPRA. Show Notes & References 7:17  Pasadena Police Officers Assn. v. City of Pasadena (2018) 22 Cal.App.5th 147 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2771) 8:13  "PAGA" is commonly referred to as the private attorney general statutes, CCP, § 1021.5 8:57  National Conference of Black Mayors v. Chico Community Publishing (2018) 25 Cal.App.5th 570 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2771) 12:48  Prop 42 (2014) (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2263) 14:14  Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2682) 15:30  Statutory adoption for municipalities posting to websites - SB 272 (2015) which added Gov. Code, § 6270.5 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2451) 17:14  City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2616) Lozano Smith has created a Public Records Act checklist for public agencies, which can be downloaded at our website. For more information on the California Public Records Act issues discussed in this podcast, please visit our website at www.lozanosmith.com/podcast.

Preventing school violence and ensuring school safety have become dominant topics and part of an ongoing national conversation.  But what can a school district do, practically, to address these issues?  This podcast will examine two recently released resource documents from the Federal Bureau of Investigations and the United States Secret Service which provide guidance on preventing school violence as well as pending California legislation to improve school climate and safety. Show Notes & References 2:10  FBI Report (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2774) 8:15  Secret Service Guide (NTAC) (http://www.lozanosmith.com/publicsafety.php) 19:03  Healthy Kids Survey results (https://www.cde.ca.gov/nr/ne/yr18/yr18rel54.asp) 21:58  AB 1747 - Annual active shooter drills 24:20  AB 3205 - Locks on classroom doors 24:49  SB 972 - Suicide hotline contact information on student ID cards For more information on the school safety issues discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Lozano Smith attorneys discuss some of the important aspects of California’s future and complex history with groundwater. Topics include the Sustainable Groundwater Management Act (SGMA), Groundwater Sustainability Agencies (GSA), pre-1914 water rights, and CEQA issues and evaluations. Additionally, they dive into various considerations as local governments adopt general plans and make decisions affecting groundwater and land use. Show Notes & References: 1:15 Sustainable Groundwater Management Act (SGMA) – https://water.ca.gov/Programs/Groundwater-Management/SGMA-Groundwater-Management 3:38 Groundwater Sustainability Agencies (GSA) – https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Groundwater-Management/Sustainable-Groundwater-Management/Files/2014-Sustainable-Groundwater-Management-Legislation-with-2015-amends-1-15-2016.pdf?la=en&hash=ADB3455047A2863D029146E9A820AC7DE16B5CB1 6:31 Pre-1914 water rights – https://www.waterboards.ca.gov/waterrights/board_info/faqs.html 7:47 CEQA issues and evaluations – http://opr.ca.gov/ceqa/ 10:35 General plans adopted for local governments – http://opr.ca.gov/planning/general-plan/ 14:30 Prop 218 – http://www.lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html For more information on the social media issues discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This is Part 2 of 2 of our Janus podcast. Go behind the scenes with several of Lozano Smith's most experienced labor attorneys during this Janus Ruling and SB 866 Podcast, recorded the day the Supreme Court released the Janus Decision. Join Lozano Smith attorneys Lou Lozano, Dulcinea Grantham, Darren Kameya, and Gabby Flowers as they break down the key things you need to know about the Janus Decision, and fill you in on various major legislative developments that are intended to lessen the impact of Janus. Overturning a longstanding precedent, the United States Supreme Court has held in Janus v. AFSCME that public employees may not be compelled to pay mandatory agency fees, or “fair share” fees, to public-sector unions, because such fees violate the First Amendment. The Janus decision will have a sweeping, nationwide impact on public sector labor unions. The Court’s 5-4 decision immediately affects laws in at least 22 states, including California, that currently allow public sector unions to charge and collect agency or fair share fees. During this podcast, listeners will hear perspectives on how these new legal developments potentially alter the labor relations landscape and further learn how to address: Communication with unions and employees; Employee orientation/onboarding; Responding to Public Records Act requests and union requests for information; Impacts on collective bargaining agreements; Potential payroll processes; and Timeline considerations. Lozano Smith is pleased to provide public agencies with an in-depth Janus Toolkit including important background information, answers to frequently asked questions, an implementation checklist, templates for communication, and more. Download the toolkit at: www.lozanosmith.com/janustoolkit For more information on the Janus decision and other legislative developments, please visit our website at: www.lozanosmith.com/podcast.

This is Part 1 of 2 of our Janus podcast. Go behind the scenes with several of Lozano Smith's most experienced labor attorneys during this Janus Ruling and SB 866 Podcast, recorded shortly after the Supreme Court released the Janus Decision. Join Lozano Smith attorneys Lou Lozano, Dulcinea Grantham, Darren Kameya, and Gabby Flowers as they break down the key things you need to know about the Janus Decision, and fill you in on various major legislative developments that are intended to lessen the impact of Janus. Overturning a longstanding precedent, the United States Supreme Court has held in Janus v. AFSCME that public employees may not be compelled to pay mandatory agency fees, or “fair share” fees, to public-sector unions, because such fees violate the First Amendment. The Janus decision will have a sweeping, nationwide impact on public sector labor unions. The Court’s 5-4 decision immediately affects laws in at least 22 states, including California, that currently allow public sector unions to charge and collect agency or fair share fees. During this podcast, listeners will hear perspectives on how these new legal developments potentially alter the labor relations landscape and further learn how to address: Communication with unions and employees; Employee orientation/onboarding; Responding to Public Records Act requests and union requests for information; Impacts on collective bargaining agreements; Potential payroll processes; and Timeline considerations. Lozano Smith is pleased to provide public agencies with an in-depth Janus Toolkit including important background information, answers to frequently asked questions, an implementation checklist, templates for communication, and more. Download the toolkit at: www.lozanosmith.com/janustoolkit For more information on the Janus decision and other legislative developments, please visit our website at: www.lozanosmith.com/podcast.

Last year, the United States Supreme Court identified social media as “perhaps the most powerful mechanism available” today to make a person’s voice heard.  But can a government official block their constituents’ voices online?  At what point does a personal social media page become open to the public?  Join us as we discuss the ramifications of a recent federal district court case out of New York about President Trump’s personal Twitter account and the potential legal precedent being shaped now. Show Notes & References: 3:33 Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al. (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2755) 12:10 City of San Jose et al. v. Superior Court (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2616) 18:20 Brandenburg v. Ohio (1969) 395 U.S. 444 For more information on the social media issues discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Inclusivity is a mandate for all public entities – to create a positive, welcoming environment for all types of people and treat them fairly and equally.  The government must also be neutral with respect to politics and religion.  However, the rise of social justice movements in recent years have led public entities to carefully re-consider their policies, practices, and programs.  Thus, public entities walk the narrow path of affirming the rights of all without expressing support for a particular political viewpoint or ignoring systemic and procedural biases.  This podcast will discuss how local governments and school districts can act to work on providing an inclusive workplace and/or campus without limiting individual opinions and viewpoints. Show Notes & References: 15:15 West Virginia State Bd. Of Educ. v. Barnette (1943) 319 U.S. 624 17:33 Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018) (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2757) 24:15 Starbucks bathroom use/Philadelphia arrests (https://www.youtube.com/watch?v=o__5xvIE3bU&feature=youtu.be) For more information about the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast

Last year, Governor Jerry Brown signed Senate Bill (SB) 179, known as the "Gender Recognition Act," which adds a "nonbinary" gender option to state driver's licenses, identification cards, and birth certificates.  Public entities will need to address the nonbinary gender option now available to employees and students on official documents.  This podcast will discuss SB 179, its implications on all public entities, and practical actions needed to prepare for the law’s implementation. Show Notes & References: 1:02  SB 179 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2741) 9:22  SB 396 – Sexual harassment training (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2741) 10:46  AB 1266 – Participation (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2236) 14:15  AB 1732 – Single-stall bathrooms changed to gender-neutral bathrooms For more information on SB 179 and the topics addressed in this podcast, please visit our website at: www.lozanosmith.com/podcast