Employment & Labor Law for Public Safety Agencies

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Funding Disputes & Reimbursement
for Public Safety Services

     Bankruptcy court rules that a city has the authority to void its existing union contracts in its effort to reorganize. Public workers lack the protections of union workers for private companies. In re City of Vallejo, Calif., #08-26813, Memorandum decision (PACER Doc. 473); Findings of Fact & Conclusions of Law (E.D. Cal. 2009).
     City agrees to cease and desist from future violations of the federal Securities Act after it was accused of failing to disclose its pension and retiree health care obligations before floating municipal bonds. In re City of San Diego, Admin. Proc. File #3-12478 (SEC 2006). {N/R}
     Tennessee appellate court overturns a county board's refusal to fund the hiring of two more jail deputies and to provide pay raises to existing deputies. There was inadequate proof that the sheriff needed new vehicles to replace high mileage cruisers. Dorning v. Bailey, #M2004-02392, 2006 Tenn. App. Lexis 83 (2006). [2006 FP Apr]
     Ohio appellate court holds that a sheriff's statutory duty to preserve the peace and enforce the law does not require the county commission to adequately fund a road patrol division. Any funding determination was solely within the commissioners' discretion and that the burden falls on the sheriff to establish that appropriations are unreasonable, even as to the sheriff's mandatory duties under the statutes. Geauga County Bd. of Cmsnrs. v. Geauga Co. Sheriff, #2002-G-2484, 2003 WL 23100323, 2003 Ohio 7201, 2003 Ohio App. Lexis 6508 (Ohio App. 11th Dist. 2003). {N/R}
     Illinois Attorney General Opinion prevents public agencies from assessing user fees for access of records via the Internet. Ill. Atty. Gen. Opin. #00-012 (2000), [2001 FP 55]
     Missouri Supreme Court upholds law enforcement admissions surcharge for riverboat casinos. President Riverboat Casino v. Mo. Gaming Cmsn., #SC81685, 13 S.W.3d 635, 2000 Mo. Lexis 23. [2000 FP 104]
     Connecticut Supreme Court upholds a law requiring the promoters of special events to reimburse for extra police protection. Morascini v. Cmsnr. Pub. Sfty., 675 A.2d 1340, 1996 Conn. Lexis 129. [1996 FP 168]
     Michigan sheriff loses an appeal against the county's decision to eliminate funding for the patrol division in the sheriff's dept. The appellate court said that the county board of commissioners was authorized to appropriate money for county affairs and refused to intrude. A county has no legal duty to provide police protection to residents of unincorporated areas. Lucas v. Wayne County,  #60933, 148 Mich. App. 702, 385 N.W.2d 267, 1983 Mich. App. Lexis 3543 (1983). {N/R}
     Mayor could not refuse to fund program authorized by council over his veto. Doherty v. Mayor of Everett, 431 N.E.2d 263 (Mass. App. 1982).

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