A recently published case from the Second District Court of Appeals, clarifies when a probationary employees is entitled to appeal rights under the Public Safety Officers Procedural Bill of Rights (“POBRA”). In Conger v. County of Los Angeles, the Los Angeles County Sheriff’s Department rescinded Thomas Conger’s probationary promotion to lieutenant based on investigatory findings that he had failed to report a use of force occurring several months before his probationary promotion. Conger argued that…

In a recent published decision by the CalPERS Board of Administration, a warning shot was fired to third party contractors attempting to skirt CalPERS contributions.  The case, Fuller v. Cambria Services began in early 2014 after Cambria Community Services District’s (“CCSD”) long-time Finance Manager gave a 30-day notice that he was retiring. The notice came at a time when CCSD was starting an emergency water project requiring the immediate assistance of another skilled financial manager.…

On May 28th, the U.S Supreme Court released it much anticipated ruling in the case of Nieves v. Bartlett. The case arrived before the Supreme Court after Bartlett was arrested in 2014 by police Officers Luis Nieves and Bryce Weight. He was arrested based on probable cause for harassment, disorderly conduct, and resisting arrest. The arrest came after Bartlett allegedly interfered with officers investigating a case of suspected underage drinking. The details are disputed, including…

On May 23, 2019, Dr. Weber amended A.B. 392 to remove the provisions greatest concern to law enforcement.  For the last year, we’ve been working on behalf of PORAC with legislators, the ACLU, experts and stakeholders from around the state to develop comprehensive legislation to minimize the use of force in California.  As a result, informed and thoughtful amendments were made to both SB 230 and AB 392 to resolve conflicts and create a unified…

FOX KTVU recently covered an ongoing investigation prompted by the Alameda County Deputy Sheriff’s Association into a substation possibly causing cancer. The news story, as well as the initial inquire, began after Steve Welty of Mastagni Holstedt  sent a letter last September to Alameda County Undersheriff Richard Lucia demanding the county lay out steps to ensure the substation’s safety. Watch the entire news coverage below. .…

David P. Mastagni will join Senator Nancy Skinner (SB 1421’s author), David Synder from the First Amendment Coalition and reporter Thomas Peele at a forum to discuss the policies, the legal battles and the perspectives raised by S.B. 1421.  David P. Mastagni is the founder and managing partner of Mastagni Holstedt, APC, where he practices primarily in the areas of civil litigation and labor law. Mastagni labor and employment attorneys located throughout California provide representation in…