Our firm understands that municipal entities face unique challenges due to the nature of public employment. We have assisted countless public employers with the kinds of constitutional issues that arise only in the public sector, such as substantive and procedural due process, property and liberty interests, the “vested benefits” doctrine, equal protection, and First and Fourth Amendment claims. We have also defended numerous public agencies in lawsuits filed under various state and federal statutes, including the Fair Employment and Housing Act, the Peace Officers Procedural Bill of Rights Act, the Brown Act, the Public Records Act, Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act and the Fair Labor Standards Act.

In the public agency context, litigation may often proceed before an administrative agency instead of a court, and we have considerable experience handling such proceedings, before the Public Employment Relations Board (PERB), as well as before personnel commissions, civil service commissions, arbitrators and hearing officers. We also have an impressive track record in handling the writs of administrative mandamus and appeals that frequently arise out of such proceedings.

Members of the firm have litigated hundreds of cases before PERB and have established some of its most important precedents over the last three decades.  In fact, one of our partners helped to establish PERB in 1976 and served as its initial Associate General Counsel and later as Supervising Administrative Law Judge. Additionally, the firm has advised clients regarding the complexities and nuances of the Meyers Milias Brown Act. The firm’s city, county and special district clients benefit from the firm’s extensive experience with and knowledge of PERB.

Aside from handling unfair labor practice charges, petitions for unit modification, and other matters before PERB, members of the firm also serve as chief labor negotiators for many of its clients. The firm is uniquely qualified to assist clients in this area as our knowledge of public sector norms, along with our legal experience, enables our clients to secure favorable collective bargaining agreement.

The firm also has a very strong record of success in employee disciplinary proceedings.  We draft notices of intent and present the public employer's case in termination and other disciplinary proceedings. We also represent public agencies in arbitrations concerning questions of contract interpretation, PERS disability issues, and advise public agencies regarding pending grievances, on issues such as timeliness and arbitrability.

The firm also prides itself in providing advice and counsel to its clients in all of the areas described above. While a public employer cannot eliminate the risk of a lawsuit or administrative charge, it can improve its likelihood of prevailing in these matters. The members of the firm seek to proactively assist clients as these situations arise.

Finally, we are well known for our dynamic training programs. We have presented across the state to public sector audiences on topics such as: preventing discrimination, retaliation, and harassment; embracing diversity; conducting disciplinary investigations; responding to EEOC and DFEH complaints; understanding employee privacy rights; properly maintaining personnel files; managing employee leaves; imposing employee discipline; and, labor relations.