Mastagni Law Blogs
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DMV Administrative Hearings Held Unconstitutional & Unfair for Californians
Individuals arrested for DUI in California face two separate legal processes following their arrest: A criminal case in the Superior Court and an Administrative Per Se hearing with the California DMV. When someone is arrested for DUI it is their responsibility to request an administrative hearing with the DMV within 10 days. If a hearing is not requested, after 30
President Biden to Sign Executive Order Regarding "Accountable Policing"
SIGN UP: 30hr POST "Navigating Police Reforms and New Legal Standards: Everything a Peace Officer Must Know in 2022"
If you missed our first round of 30hr POST accredited online classes this week, we’re offering a second round. We want to make sure as many officers benefit and are informed.These classes will familiarize students with an overview of national standards for licensing peace officers and grounds for decertification with a focus on the current legislative fight in California
Watch: David E. Mastagni Testifies Against Bill to Limit POBR Remedies (SB 1088, Bradford)
On April 26, David E. Mastagni testified in front of the Senate Public Safety Committee in opposition of S.B. 1088. The Bill is modeled after recommendations to weaken peace officer due process rights issued by Ronald Yank and Barry Winograd, David’s Labor Law professor at U.C. Berkeley School of Law. In essence, SB 1088 would create a balancing testing
After Issuing a Published Decision Rejecting DOL Guidance to Exlcude HIL Pay from Overtime, District Court Approves Backpay Settlement for Richmond Firefighters
In a case of first impression, the federal District Court for the Northern District of California issued a published decision declining to follow a Department of Labor (DOL) Regulation (29 C.F.R. section 778.219(a)(4)) enacted in December of 2019 to expressly exclude holiday in lieu (HIL) pay from the overtime rate. (Padilla v. City of Richmond. (N.D. Cal.
Federal District Court Issues Injunction Barring Warrantless Search of Officer’s Cell Phone
In Turiano v. City of Phoenix (February 4, 2022), an Arizona District Court issued an injunction prohibiting the City from pursuing disciplinary proceedings against Officer Turiano based on his refusal to consent to a warrantless search of his personal cell phone.The City initiated an investigation into the origin of challenge coin commemorating a protester being hit in the groin with
David E. Mastagni Testifies Against AB 2557, Stating it Would Tarnish Innocent Police Officers
On Tuesday, April 19, David E. Mastagni testified before the California Assembly against AB 2557, created by California State Representative, Mia Bonta. This appointed bill would make all law enforcement personal records public in any agency where a civilian oversight board has access to citizen complaint investigations, regardless of the nature of the allegations or whether they were sustained. The
SB 278 Makes Employers Responsible For Pension Mistakes, Not Our First Responders
Peace officers, firefighters and other California public employees who serve our communities and risk their lives for our safety, can rest assured their pensions won’t be pulled from underneath them long after retirement. Kathleen Mastagni Storm, and Steven Welty, had the privilege of working on SB 278, which added Government (Gov.) Code section 20164.5 (Chapter 331, Statutes of 2021)