Members of the Sloan Sakai Yeung & Wong team will present at the California Public Employers Labor Relations Association’s (CALPELRA) Annual Conference in Monterey from December 3-7, with multiple sessions scheduled for Wednesday and Thursday.
Our attorneys will speak on some of the most important issues facing California public entities, including rising retirement costs and drug workplace policies following marijuana legalization. Keep reading for a full list of topics, session description, times and speakers.
Handling Your First PERB Hearing
Partner Timothy Yeung & PERB Board Member Erich Shiners
Wednesday, December 5, 1:30 to 3:00 p.m. in San Carlos 4
You’ve just been assigned to handle the formal hearing in a PERB case. Now what? In this session you’ll learn about the nuts and bolts of a PERB hearing, including details about how a PERB hearing is conducted and tips on how to best present your case. You’ll learn about pre-hearing motions, common issues with subpoenas and witnesses, and the presentation of a case at the formal hearing, as well as common issues that arise during a hearing.
Labor Costing In The Face Of Rising Retirement Costs
Partner Charles Sakai, GovInvest Inc. President Jasmine Nachtigall-Fournier & Newport Beach Treasurer Dan Matusiewicz
Wednesday, December 5, 3:30 to 5:00 p.m. in Steinbeck 2
During negotiations, many agencies struggle to cost-out proposed benefit changes in an efficient and transparent manner. Some agencies simply don’t have the staff to do a comprehensive analysis, while others wrestle with massive Excel files that are difficult to manage and update. The result is that negotiations get delayed and drag on for months and sometimes even years, with often less than ideal outcomes. In this session you’ll learn strategies to quickly cost-out proposals and account for the complexity of benefits such as pensions, OPEBs, special pays, FLSA overtime, and others. You’ll also learn how to clearly communicate the fiscal impact of proposed changes to decision-makers and stakeholders and benchmark proposals against sister agencies. This session’s presenters will share a case study in which the City of Newport Beach anticipated the rise in pension costs and took measures during negotiations to put the city on a sustainable fiscal path.
Workplace Drug And Alcohol Policies: Dealing With Prescription Medications And Marijuana Usage
Partners Burke Dunphy & Steve Shaw
Thursday, December 6, 10:30 a.m. to 12:00 p.m. in San Carlos 4
Public employers face increasing challenges with respect to drafting and implementing workplace drug and alcohol policies. Most importantly, public employers must permit the lawful use of prescription medications while safeguarding against the unauthorized use of illegal substances. The legalization of marijuana has added yet another layer to these challenges. In recent years, the EEOC has increased its scrutiny of employer drug and alcohol policies, highlighting the need to avoid overbroad policies that discriminate against those with disabilities. In this session you’ll learn about best practices with respect to drug and alcohol policies, including do’s and don’t’s, as well as how to avoid common pitfalls.
What New Skelly Officers And HR Managers Need To Know About The Skelly Process
Partner Jeff Sloan & Alison Berry Wilkinson of Berry Wilkinson Law Group
Thursday, December 6, 1:30 to 3:00 p.m. in Steinbeck 3
This session is designed for individuals who do not have significant experience in conducting or managing Skelly meetings, and serves as a foundational presentation to this Conference’s more advanced Skelly session. This session will provide you with a solid foundation for holding and managing Skelly hearings, including the nature and origins of Skelly and the basic do’s and don’ts of the process. The session’s presenters, a union attorney and management attorney, will provide useful checklists and tips for avoiding challenges to Skelly determinations, and you’ll learn through a mock scenario how to handle obstructionist conduct by an employee’s representative.
The Skelly Process: Beyond The Basics
Partner Jeff Sloan & Alison Berry Wilkinson of Berry Wilkinson Law Group
Thursday, December 6, 3:30 to 5:00 p.m. in Steinbeck 3
This session, intended for managers who have a solid working knowledge of the Skelly process, will involve a scenario in which an investigator concluded that an employee engaged in serious misconduct. You’ll learn how to properly fulfill Skelly‘s myriad requirements, including dealing with problems in the investigative report, proper drafting of the Skelly notice and attachments, dealing with confidentiality issues, closing the loops on the investigation, identifying the Skelly officer and the author of the final disciplinary document, conducting the Skelly meeting, determining how far management should go with post-Skelly inquiries, and tips for drafting the final decision. The session’s presenters will also include a short segment on the unique issues that arise when imposing discipline under the Firefighter Bill of Rights and Public Safety Officer Bill of Rights.
Join us at these sessions and stop by Booth 11 throughout the conference for ways Sloan Sakai can best help you and your organization. Hope to see you in Monterey!