53 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
    • 4.5 • 18 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 54 Best Practices in Managing Disruptions at School Board Meetings

    Episode 54 Best Practices in Managing Disruptions at School Board Meetings

    Managing school board meetings in the face of disruption created by parents, employees, and members of the public can be challenging.  This podcast will explore best practices to regulate this disruption and create rules and de-escalation techniques to ensure an orderly meeting.  To explore this timely topic, co-host Joshua Whiteside introduces a discussion on point between local governance experts and Lozano Smith partners, Roman Muñoz from the Sacramento office and Chelsea Olson Murphy from the San Luis Obispo office.



    Show Notes & References



    3:51 – Current landscape

    6:42 – Problematic behaviors

    8:52 – Proactive steps for districts

    19:26 – Best practices for school board meetings

    19:46 – Lozano Smith Resource: "Best Practices for Maintaining Decorum and Order at School Board Meetings"

    24:00 – De-escalation techniques

    25:46 – Progression of response

    29:19 – End response options - clearing the room and adjourning

    33:32 – Clearing the room (Government Code section 54957.9)

    37:57 – Major takeaways



     



    Lozano Smith's COVID-19 Resources can be found here.



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

    • 41 min
    Episode 53 Elections and the California Voting Rights Act – How and Why it Works, and “Post-Transition” Best Practices

    Episode 53 Elections and the California Voting Rights Act – How and Why it Works, and “Post-Transition” Best Practices

    Hosts Sloan Simmons joins veteran municipal practitioner James Sanchez and Governance Practice Group Co-Chair Ryan Tung to discuss the election process and the California Voting Rights Act (CVRA), including the legal requirements and practical impacts of the CVRA, as well as best practices for California public entities following the transition from at-large to trustee area elections.



    Show Notes & References



    1:57 – California Voting Rights Act (CVRA), Elections Code sections 14025-14032 

    2:10 – At-large method of election

    3:34 – By-district or by-trustee area elections

    4:39 – Demand letters and litigation

    5:47 – Notice received and timelines

    7:47 – Low probability of successful defense of at-large election challenges

    10:15 – Pico Neighborhood Association et al. v. City of Santa Monica

    11:08 – Court of appeal decision and California Supreme Court review

    11:48 – Transition process from at-large elections

    14:32 – Unique issues for public agencies

    17:40 – Redistricting requirement

    19:54 – Post-transition time



     



    Lozano Smith's COVID-19 Resources can be found here.



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

    • 28 min
    Episode 51 (Part 2) Student Vaccines and Student Masks – Late February 2022 Developments

    Episode 51 (Part 2) Student Vaccines and Student Masks – Late February 2022 Developments

    Hosts Joshua Whiteside and Sloan Simmons are back to discuss the latest litigation development related to a school district’s student COVID-19 vaccination mandate and the rapidly changing guidance and directives related to student and staff mask requirements, including CDPH’s recent announcement that face masks are no longer legally required indoors at K-12 schools after March 11, 2022.



    Show Notes & References



    0:26 – Episode 51 Student Vaccines and Student Masks - Latest Developments

    1:14 – San Diego Unified School District federal court vaccine litigation; John Doe, et al., Applicants v. San Diego Unified School District, et al.

    4:28 – Student mask mandate update

    5:01 – February 25, 2022 Centers for Disease Control and Prevention (CDC) new guidance

    7:48 – California Department of Public Health (CDPH) February 28, 2022 announcement

    8:30 – February 28, 2022 Governor Executive Order N-5-22

    8:59 – Emergency temporary standards (Cal. Code of Regulations Title 8, Section 3205)

    9:56 – CDPH K-12 School Guidance (unchanged)

    11:05 – Public transit and school buses

    12:44 – CDPH Schools FAQ



     



    Lozano Smith's COVID-19 Resources can be found here.



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

    • 17 min
    Episode 52 Personnel Actions and the March 15th Deadline – Are You Ready?

    Episode 52 Personnel Actions and the March 15th Deadline – Are You Ready?

    Host Sloan Simmons joins partners and Lozano Smith Labor and Employment Co-Practice Group Leaders Michelle Cannon and Gabriela Flowers to discuss several important school district labor and employment deadlines that fall on March 15.  This brief but information packed episode includes discussion on various types of release from employment as well as layoffs.  Additionally, this year, for the first time ever, classified layoffs are subject to the same deadline.



    Show Notes & References



    1:13 – Non-reelection of second year probationary certificated employees

    2:10 – March 15th deadlines

    3:28 – First year probationary employees

    3:34 – Education Code section 44929.21

    4:21 – Release and reassignment notices for administrators (Ed. Code section 44951)

    7:20 – Certificated layoff process

    8:49 – Ed. code sections 44955 and 44949

    9:00 – Bumping rights

    10:00 – Chronology of layoffs

    14:35 – Classified layoff process

    16:53 – Bumping language and collective bargaining agreements (CBAs)

    17:53 – Definition of permanency for classified employee layoffs

    18:40 – AB 438 impacts

    21:48 – CBAs and classified layoffs



     



    Lozano Smith's COVID-19 Resources can be found here.



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

    • 26 min
    Episode 51 (Part 1) Student Vaccines and Student Masks – Latest Developments

    Episode 51 (Part 1) Student Vaccines and Student Masks – Latest Developments

    Host Joshua Whiteside joins Lozano Smith partner Sloan Simmons to discuss the present status of student COVID-19 vaccination and student masks requirements, including the status of State directives on point and the results of litigation in these areas.



    Show Notes & References



    0:48 – California Department of Public Health (CDPH) February 15, 2022 announcement and upcoming CDPH February 28, 2022 announcement

    3:26 – Student vaccine mandate status

    5:35 – SB 871 and personal exemptions

    7:45 – Locally adopted vaccine mandates examples

    8:36 – Los Angeles USD local mandate and legislation

    9:20 – Education Code section 35160

    11:37 – San Diego USD local mandate

    15:05 – State court San Diego case and Let Them Choose litigation

    19:00 – San Diego USD appeal and stay from Court of Appeal

    22:01 – Mask mandate status

    22:33 – State Public Health officer order (June 11, 2021)

    23:28 – CDPH Guidance

    24:02 – Health and Safety Code section 120175 and legal authority

    24:37 – Superior Court case in San Diego and Let Them Breathe litigation



     



    Lozano Smith's COVID-19 Resources can be found here.



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

    • 34 min
    Episode 50 Modular Buildings: A Primer for School Districts

    Episode 50 Modular Buildings: A Primer for School Districts

    Host Sloan Simmons joins Lozano Smith partner Arne Sandberg to discuss modular buildings for California school districts, including the basics about modular buildings, procurement alternatives, and new legal developments impacting this area of school construction.



    Show Notes & References



    1:24 – Modular buildings

    2:05 – Modular component buildings vs. modular portables

    4:55 – Issue of permanent vs. temporary

    6:10 – Modular component building examples

    7:15 – Popularity and cost-efficiency

    8:16 – Building plans (standard or unique designs)

    9:10 – Competitive bidding and modular buildings

    10:33 – Delivery methods (competitive bidding, lease-leaseback, design-build)

    13:30 – Architect involvement

    14:31 – Lease-leaseback method

    15:16 – Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261

    18:16 – Lease-leaseback scoring and rating system

    19:29 – Design-build vs. lease-leaseback

    21:03 – Piggybacking

    22:10 – Division of the State Architect (DSA)

    22:13 – Office of Public School Construction (OPSC)

    22:54 – Public Construction Code section 20118

    24:52 – Vendor involvement in piggybacking

    26:30 – Modulars and personal property

    26:43 – Attorney General opinion: 89 Ops.Cal.Atty.Gen. 1 (#05-405, January 24, 2006)

    28:50 – Report of the Executive Officer, State Allocation Board Meeting, December 8, 2004

    30:55 – OPSC e-mail to school districts and county offices of education (July 2021)

    31:55 – Coalition for Adequate School Housing (CASH)

    33:48 – Permanent vs. temporary foundations for modular portables

    40:25 – Critical takeaways



     



    Lozano Smith's COVID-19 Resources can be found here.



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

    • 43 min

Customer Reviews

4.5 out of 5
18 Ratings

18 Ratings

JerseyShoreMommy ,

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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