37 episodes

Discussing changes in the law and legal decisions that affect public agencies. *** Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein. Copyright © 2019 Lozano Smith All rights reserved. No portion of this work may be copied, distributed, sold or used for any commercial advantage or private gain, nor any derivative work prepared therefrom, nor shall any sub-license be granted, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. By accepting this product, recipient agrees it shall not use the work except consistent with the terms of this limited license.

Let’s Talk - Lozano Smith Podcast Lozano Smith

    • Government
    • 4.7, 14 Ratings

Discussing changes in the law and legal decisions that affect public agencies. *** Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein. Copyright © 2019 Lozano Smith All rights reserved. No portion of this work may be copied, distributed, sold or used for any commercial advantage or private gain, nor any derivative work prepared therefrom, nor shall any sub-license be granted, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. By accepting this product, recipient agrees it shall not use the work except consistent with the terms of this limited license.

    Episode 39: Suicide Awareness and Prevention – From ACSA’s ECC Symposium to the COVID-19 Crisis

    Episode 39: Suicide Awareness and Prevention – From ACSA’s ECC Symposium to the COVID-19 Crisis

    While on location at the Association of California School Administrators’ (ACSA) 2020 Annual Every Child Counts Symposium (ECC), host Sloan Simmons talked with Lozano Smith attorney and ECC presenter Jennifer Baldassari, and Nathan Moreno, Director of Special Education at Soledad Unified School District (as of July 1, 2020, Director of Special Education at Guadalupe Union School District), regarding student suicide risk assessments, child find, case law, and suicide prevention.  This timely discussion highlights recent legislative changes in the area of suicide prevention, and includes ideas on resources and best practices to consider when addressing the topic of suicide prevention in California school districts.  Bonus material recorded during school campus closures provides additional resources for helping students during the present crisis.



    Show Notes & References



    3:35 – Student v. Golden Plains USD (OAH 2019) OAH Case No. 2019040042

    10:10 – School avoidance podcast episodes (Part 1 & Part 2)

    14:22 – Completing a risk assessment

    17:31 – Student Records

    18:40 – Importance of risk assessments

    21:04 – Impacts of 13 Reasons Why and Social Media

    22:34 – Frequency of training

    24:03 – AB 1767

    24:36 – AB 34

    24:52 – CDE & CSBA suicide prevention toolkits

    26:07 – Support to a district and community if a suicide occurs

    30:03 – Addressing suicide prevention and mental health issues during distance-learning times



     



    For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

    • 39 min
    Episode 38: California’s Uniform Complaint Procedures: What You Need to Know in 2020

    Episode 38: California’s Uniform Complaint Procedures: What You Need to Know in 2020

    Host Sloan Simmons talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP).  Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights.



    Show Notes & References



    1:20 – What is the UCP?

    6:54 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3

    7:03 – Types of complaints subject to the UCP

    8:59 – Types of complaints that are not subject to the UCP

    9:55 – Do UCP complaints need to be in writing?

    12:04 – Requirements of the UCP

    21:28 – Findings and Decision Letter

    35:23 – CDE appeals process

    43:55 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy)

    44:13 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy)

    48:45 – Education Code 234.1

    • 52 min
    Episode 37: The New Year Brings A Huge Wave of Affordable Housing Legislation: What Does It All Mean for California Cities?

    Episode 37: The New Year Brings A Huge Wave of Affordable Housing Legislation: What Does It All Mean for California Cities?

    Host Devon Lincoln talks with William P. Curley III and Jenell Van Bindsbergen, co-chairs of the firm’s Municipal Practice Group, about the unprecedented crush of affordable housing legislation enacted by the California Legislature in 2019.  The team discusses what the new laws mean for city governments, and how the legislation strikes at local control and other issues of importance to local municipalities.



    Show Notes & References



    1:34  Episode 14: Police in Schools - The Role of a School Resource Officer

    1:49  No Easy Answers - Cities, School Districts, and the Statewide Affordable Housing Crisis

    4:35  Assembly Bill (AB) 101

    23:19  Senate Bill (SB) 330 - Housing Crisis Act of 2019

    24:15  Ministerial Approval

    32:55  Interim Zoning (Government Code section 65858)

    35:37  Accessory Dwelling Units (ADUs)

    43:29  AB 881 and AB 68

    44:38  AB 101 and SB 330: The Juggernauts of the 2019 Housing Laws (Client News Brief 76: December 2019)



     



    For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

    • 47 min
    Episode 36: On Location at CSBA’s AEC – Insights on Critical Issues Impacting Education Agencies by Statewide Education Law Experts (A Bonus Episode of the Lozano Smith Podcast)

    Episode 36: On Location at CSBA’s AEC – Insights on Critical Issues Impacting Education Agencies by Statewide Education Law Experts (A Bonus Episode of the Lozano Smith Podcast)

    While on location at the California School Boards Association’s (CSBA) 2019 Annual Education Conference, host Sloan Simmons talks with CSBA General Counsel, Kathryn Meola, and one of Lozano Smith’s founding partners, Mike Smith, about critical legal issues impacting educational and other public agencies heading in 2020 and beyond.



    Show Notes & References



    2:45  W. v. Tehachapi Unified School Dist., Ninth Circuit Case No. 19-15680, appeal from 2019 WL 1092574 (E.D. Cal. Mar. 8, 2019)

    2:53  Education Legal Alliance (ELA)

    3:58  R. ex rel. E.N. v. LAUSD (9th Cir. 2015) 805 F.3d 1164

    7:13  California Voting Rights Act (CVRA), Elections Code sections 14025-14032 (2001)

    11:25  Serrano v. Priest (177) 20 Cal.3d 25

    15:14  Gordon v. LAUSD, Ninth Circuit Case No. 19-55806, appeal from 2019 WL 2511936 (C.D. Cal. June 17, 2019)

    18:42  Ross v. County of Riverside (2019) 36 Cal. App. 5th 25

    23:03  Assembly Bill (AB) 1353 (limit on probationary service for classified employees)

    26:56  L. v. Clovis Unified School Dist., Ninth Circuit Case No. 18-16669, on appeal from 2018 WL 3738963 (E.D. Cal. Aug. 3, 2018)

    29:10  Payne v. Peninsula School Dist. (9th Cir. 2011) 653 F.3d 863

    29:26  Fry v. Napoleon Community Schools (2017) 580 U.S. ___, 137 S.Ct. 743

    31:18  Paul G. by and through Steve G. v. Monterey Peninsula Unified School Dist. (9th Cir. 2019)

    33:43  CSBA Online Learning Center

    35:30  AB 218 (childhood sexual abuse and assault, limitations periods)

    41:20  Vergara v. State of California, 246 Cal.App.4th 619

    41:50  Atwater Elementary School Dist. v. California Dept. of General Services (2007) 41 Cal.4th 227



     



    For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

    • 48 min
    Episode 35: Fall 2019 Legislative Roundup – Labor & Employment Bills

    Episode 35: Fall 2019 Legislative Roundup – Labor & Employment Bills

    Host Sloan Simmons talks with Lozano Smith partners Michelle Cannon and Gabriela Flowers, co-chairs of the firm's Labor and Employment Practice Group, about important new labor and employment laws passed in 2019 and how they will impact public agency employers in the new year.  Topics covered include employment classifications, probationary periods for classified public school employees, new lactation accommodation requirements, settlement agreements with employees, and expansion of anti-discrimination laws, among others.  This a must listen as we head into the new year, as most of these new laws become effective January 1, 2020, and may require changes to agency policies.



    Show Notes & References



    2:18  Assembly Bill (AB) 1353 (Limit on probationary service for classified employees)

    4:31  AB 9 (Employment discrimination claim timelines)

    4:59  California Fair Employment and Housing Act (FEHA)

    5:57  Equal Employment Opportunity Commission (EEOC)

    6:17  Department of Fair Employment and Housing (DFEH)

    8:01  Senate Bill (SB) 328 (School start times) (Client News Brief 66: November 2019)

    10:24  SB 188 (Hairstyles)

    13:07  SB 778 (New sexual harassment training requirements)

    13:22  SB 1343 (2018)

    15:52  SB 142 (Lactation accommodations)

    17:03  AB 749 (Settlement agreement no-rehire language)

    22:52  AB 1223 (Organ donation)

    25:33  SB 83 (Family leave policies)

    27:18  California State Disability Insurance (CA-SDI)

    28:26  AB 5 (Dynamex decision re employee classifications)

    30:24  Borello test



     



    For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

    • 36 min
    Episode 34: The 7 Things Every Elected Board or Council Member Should Know

    Episode 34: The 7 Things Every Elected Board or Council Member Should Know

    Host Devon Lincoln talks with Lozano Smith partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, about the basics that every newly elected member of a local agency governing body should know when assuming office.  This podcast isn’t just for newly electeds – it’s full of information for public officials, local agency staff, and members of the voting public too.



    Show Notes & References



    8:55  The Brown Act

    16:11  The Public Records Act

    17:12  City of San Jose v. Superior Court (2017) 2 Cal.5th 608

    19:26  The Political Reform Act (Government Code section 87100 et seq.)



    20:16  Statement of Economic Interests (Form 700)

    20:49  Podcast: Episode 16: It's Time to Fill Out Your Form 700!

    21:30  Government Code section 1090

    24:53  Video: Staying Under the Umbrella: Board Members’ Obligations and Immunities 

    30:50  Ethics training (AB 1234)

    30:53  Sexual Harassment training

    31:15  Lozano Smith Client Services (ClientServices@lozanosmith.com)



     



    For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

    • 35 min

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Restraint Podcast is a Great Review of the New California Law

Used the restraint podcast as a reference in our podcast, ABA Ultimate Showdown. Great job by your team explaining the legal concerns of restraints.

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