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  • Recent Supreme Court Decision Protects Privacy of Cell Phone Digital Information |
    of evidence Chief Justice Roberts the opinion s author was careful to note that the Court s decision does not limit the ability of police officers to physically examine a cell phone for threats such as a razor blade However once an officer has secured a phone and eliminated potential physical threats data on the phone can endanger no one The Court further clarified that the information on a cell phone is not immune from search it is instead that a warrant is generally required before such a search even when a cell phone is seized incident to arrest A law enforcement official may be entitled to search data on a cell phone under another exception to the Fourth Amendment s warrant requirement While the Court s opinion in Riley specifically addresses searches conducted by law enforcement officials incident to arrest the protections contemplated by the Court should be considered before searching student cell phones laptops iPads and or other electronic PDAs that have been confiscated by district personnel In some cases a decision to search a student s cell phone laptop iPad and or other electronic PDA or a district policy unconditionally permitting such searches could potentially violate the student s Fourth Amendment rights and ultimately subject the district to liability Given that this is an emerging hot issue it is recommended that a district seek the advice of legal counsel before searching the contents of any cell phone laptop iPad and or other electronic PDA that has been confiscated from a student This alert is not intended to substitute for legal advice If you have questions regarding the Court s decision in Riley v California please contact Kingsley Bogard LLP Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932

    Original URL path: http://kblegal.us/recent-supreme-court-decision-protects-privacy-of-cell-phone-digital-information/?pfstyle=wp (2016-02-17)
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  • Recent Supreme Court Decision Protects Privacy of Cell Phone Digital Information |
    of evidence Chief Justice Roberts the opinion s author was careful to note that the Court s decision does not limit the ability of police officers to physically examine a cell phone for threats such as a razor blade However once an officer has secured a phone and eliminated potential physical threats data on the phone can endanger no one The Court further clarified that the information on a cell phone is not immune from search it is instead that a warrant is generally required before such a search even when a cell phone is seized incident to arrest A law enforcement official may be entitled to search data on a cell phone under another exception to the Fourth Amendment s warrant requirement While the Court s opinion in Riley specifically addresses searches conducted by law enforcement officials incident to arrest the protections contemplated by the Court should be considered before searching student cell phones laptops iPads and or other electronic PDAs that have been confiscated by district personnel In some cases a decision to search a student s cell phone laptop iPad and or other electronic PDA or a district policy unconditionally permitting such searches could potentially violate the student s Fourth Amendment rights and ultimately subject the district to liability Given that this is an emerging hot issue it is recommended that a district seek the advice of legal counsel before searching the contents of any cell phone laptop iPad and or other electronic PDA that has been confiscated from a student This alert is not intended to substitute for legal advice If you have questions regarding the Court s decision in Riley v California please contact Kingsley Bogard LLP Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932

    Original URL path: http://kblegal.us/recent-supreme-court-decision-protects-privacy-of-cell-phone-digital-information/ (2016-02-17)
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  • Legislature Passes Budget Trailer Bill with Cap on Reserves |
    at two times the minimum reserve Ed Code 42127 01 subd a 1 Since the minimum reserve amount is generally three percent 3 the maximum will be six percent 6 A cap on reserves will be especially significant for small districts with small budgets Districts can obtain a short term waiver of the cap from the County Office of Education Waivers are available for a limited term of two 2 consecutive fiscal years within a three 3 year period Ed Code 42127 01 subd b Districts that request waivers must provide documentation indicating that extraordinary fiscal circumstances substantiate a need for the waiver The cap will not be imposed until a transfer is made to the Public School System Stabilization Account Ed Code 42127 01 subd a Ed Source has estimated that this will not occur for approximately seven 7 years As a result the Legislature may revise or repeal the cap Moreover the cap is tied to the passage of Assembly Constitutional Amendment 1 which is on the November 4 2014 Statewide General Election ballot If the Amendment does not pass then the maximum reserve will not become operative and will be repealed as of January 1 2015 Ed Code 42127 01 subd c Kingsley Bogard LLP will provide you with further updates as developments occur Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the personal belief exemption from student immunization requirements SB 272 Local Agency Data Inventory Department of Education Changes Maintenance

    Original URL path: http://kblegal.us/legislature-passes-budget-trailer-bill-with-cap-on-reserves/?pfstyle=wp (2016-02-17)
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  • Legislature Passes Budget Trailer Bill with Cap on Reserves |
    at two times the minimum reserve Ed Code 42127 01 subd a 1 Since the minimum reserve amount is generally three percent 3 the maximum will be six percent 6 A cap on reserves will be especially significant for small districts with small budgets Districts can obtain a short term waiver of the cap from the County Office of Education Waivers are available for a limited term of two 2 consecutive fiscal years within a three 3 year period Ed Code 42127 01 subd b Districts that request waivers must provide documentation indicating that extraordinary fiscal circumstances substantiate a need for the waiver The cap will not be imposed until a transfer is made to the Public School System Stabilization Account Ed Code 42127 01 subd a Ed Source has estimated that this will not occur for approximately seven 7 years As a result the Legislature may revise or repeal the cap Moreover the cap is tied to the passage of Assembly Constitutional Amendment 1 which is on the November 4 2014 Statewide General Election ballot If the Amendment does not pass then the maximum reserve will not become operative and will be repealed as of January 1 2015 Ed Code 42127 01 subd c Kingsley Bogard LLP will provide you with further updates as developments occur Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed SB 277 which eliminates the personal belief exemption from student immunization requirements SB 272 Local Agency Data Inventory Department of Education Changes Maintenance

    Original URL path: http://kblegal.us/legislature-passes-budget-trailer-bill-with-cap-on-reserves/ (2016-02-17)
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  • Court Finds Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional; Decision Stayed Pending Appeal |
    Education Tom Torlakson the State Superintendent of Public Education and several school districts the districts were later dismissed and CTA and CFT later intervened as Defendants The lawsuit alleged that Education Codes listed above are unconstitutional and disproportionately negatively impact the quality of education received by poor and or minority students The matter was tried before Judge Rolf M Treu from January 27 2014 through March 27 2014 There is no jury in a suit seeking injunctive and declaratory relief The parties submitted written briefs on April 10 2014 Judge Treu issued his decision yesterday June 10 2014 and found that all of the statutes listed above are unconstitutional In ruling the statutes unconstitutional the Judge found that the challenged statutes including the churning of teachers caused by the lack of effective dismissal statutes and the seniority only layoff system disproportionately affect poor and or minority students Be aware that this decision has not gone into effect In addition the parties have the right to request clarification of the decision Judge Treu ordered his ruling stayed pending appellate review of his decision While the appeals are pending districts and county offices of education should continue to follow the Education Codes in question as written CTA has publicly stated that it intends to appeal the decision Stay tuned for updates regarding this lawsuit This is not intended to substitute as legal advice If you have specific questions about Vergara v State of California please contact our office Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual

    Original URL path: http://kblegal.us/court-finds-teacher-tenure-dismissal-and-layoff-statutes-unconstitutional-decision-stayed-pending-appeal/?pfstyle=wp (2016-02-17)
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  • Court Finds Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional; Decision Stayed Pending Appeal |
    Education Tom Torlakson the State Superintendent of Public Education and several school districts the districts were later dismissed and CTA and CFT later intervened as Defendants The lawsuit alleged that Education Codes listed above are unconstitutional and disproportionately negatively impact the quality of education received by poor and or minority students The matter was tried before Judge Rolf M Treu from January 27 2014 through March 27 2014 There is no jury in a suit seeking injunctive and declaratory relief The parties submitted written briefs on April 10 2014 Judge Treu issued his decision yesterday June 10 2014 and found that all of the statutes listed above are unconstitutional In ruling the statutes unconstitutional the Judge found that the challenged statutes including the churning of teachers caused by the lack of effective dismissal statutes and the seniority only layoff system disproportionately affect poor and or minority students Be aware that this decision has not gone into effect In addition the parties have the right to request clarification of the decision Judge Treu ordered his ruling stayed pending appellate review of his decision While the appeals are pending districts and county offices of education should continue to follow the Education Codes in question as written CTA has publicly stated that it intends to appeal the decision Stay tuned for updates regarding this lawsuit This is not intended to substitute as legal advice If you have specific questions about Vergara v State of California please contact our office Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual

    Original URL path: http://kblegal.us/court-finds-teacher-tenure-dismissal-and-layoff-statutes-unconstitutional-decision-stayed-pending-appeal/ (2016-02-17)
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  • Blog | Kingsley Bogard | Attorneys | Folsom, CA - Part 7
    gov ls ss ap childabusereporting asp In addition this web page contains available Read More E mail Print PDF Minimum Wage Increase Friday May 23 2014 Effective July 1 2014 California s minimum wage will increase to 9 00 per hour Effective July 1 2016 California s minimum wage will increase to 10 00 per hour While public employers are exempt from many California Labor Codes they must follow the Labor Code and Industrial Wage Orders with regard to minimum wage Public employers should review Read More E mail Print PDF AB 1266 Update Transgender Students Monday March 3 2014 AB 1266 was signed into law by Governor Jerry Brown on August 12 2013 This bill requires California schools to allow students to participate in sex segregated activities and or use sex segregated facilities consistent with the student s self professed gender Following AB 1266 s enactment a referendum was circulated throughout California s 58 counties The referendum would have required the Read More Posts navigation Older posts Newer posts More Articles Proposed Legislation Regarding Classified Employee Layoffs California Voting Rights Act Are Categorically Funded Certificated Hires Temporary Employees One to One Credential Match May be Required for Certificated Categorical Back Fill Temporary Employees Federal Law Broadens Accommodations for Lactating Employees Governor Vetoes Legislation Which Would Have Required Reimbursement for Impermissible Student Fees AB 165 Non Medical School Employees May Administer Antiseizure Medication SB 931 EERA Legal Advisor Prohibition Governor Indicates Layoffs are Still Okay After AB 114 State Budget Acts of 2011 and AB 114 Annual Parent Notices Are You in Compliance Classified Employees in Non Merit System Districts Who are Laid Off Must Serve a Probationary Period if They are Re Employed by the District in a Different Position Redevelopment Agencies Add Further Strain to District Budgets Keeping

    Original URL path: http://kblegal.us/blog/page/7/ (2016-02-17)
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  • Proposition 42 |
    Public Records Act or Brown Act but appears to strengthen the rights of the public under both acts by placing the obligations in the Constitution Proposition 42 also requires that public comply with any subsequent statutory enactment amending either act enacting a successor act or amending any successor act that contains findings demonstrating that the statutory enactment furthers the purposes of this section This gives the Legislature the right to amend the Public Records Act or Brown Act or enact other public meeting and public records laws despite this Constitutional change The full text of Proposition 42 is 7 In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies as specified in paragraph 1 each local agency is hereby required to comply with the California Public Records Act Chapter 3 5 commencing with Section 6250 of Division 7 of Title 1 of the Government Code and the Ralph M Brown Act Chapter 9 commencing with Section 54950 of Part 1 of Division 2 of Title 5 of the Government Code and with any subsequent statutory enactment amending either act enacting a successor act or amending any successor act that contains findings demonstrating that the statutory enactment furthers the purposes of this section This alert is not intended to substitute for legal advice If you have questions regarding obligations under the Public Records Act or Brown Act please contact Kingsley Bogard Kingsley Bogard LLP 50 Iron Point Circle Suite 110 Folsom CA 95630 916 932 2500 phone 916 932 2510 fax admin kblegal us Post navigation Next Previous Article List by Title Recent PERB Cases May Expand Right to Union Representation in Meetings Emergency Changes to Healthy Workplace Healthy Families Act Add Flexibility to Accrual of Paid Sick Leave Governor signed

    Original URL path: http://kblegal.us/proposition-42-2/?pfstyle=wp (2016-02-17)
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