Ninth Circuit Protects First Amendment Rights to Place Political Yard Signs While Drawing Sharp Limits on Internal Job-related Speech

In a decision that offers important guidance for California public safety unions and the rank-and-file members they represent, the Ninth Circuit Court of Appeals in Burch v. City of Chubbuck (2025) 146 F.4th 822 has clarified the boundaries of First Amendment protection in the public workplace. Although the court ultimately affirmed summary judgment in favor of the employer, the opinion carefully distinguishes between protected speech made as a private citizen and unprotected speech made pursuant to official job duties. The ruling reaffirms that off-duty political expression retains meaningful constitutional safeguards while underscoring the narrower protection afforded to internal workplace communications.

Rodney Burch served as the Public Works Director for the City of Chubbuck, Idaho. During a local mayoral election, he placed a yard sign at his residence supporting the incumbent mayor’s opponent. Separately, he engaged in internal advocacy, criticizing the mayor’s management policies and advancing a detailed proposal for the creation of a city administrator position. After the mayor secured re-election, Burch faced requests that he resign, an attempt to remove him through the city council, and subsequent reductions in his responsibilities and decision-making authority. He filed suit alleging First Amendment retaliation.

The Ninth Circuit held that Burch’s political yard sign constituted protected speech. It addressed a matter of public concern and was undertaken in his capacity as a private citizen rather than pursuant to his official duties. By contrast, the court concluded that Burch’s internal criticisms of the mayor’s policies and his structural reform proposals were speech made pursuant to his official responsibilities as a department head. As such, those communications fell outside First Amendment protection under the principles established in Garcetti v. Ceballos. Because the employer demonstrated adequate justification for the adverse actions based on the unprotected speech, and because the changes in Burch’s duties did not rise to the level of constructive discharge, the court affirmed summary judgment for the city.

For rank-and-file public safety employees, this decision carries significant practical weight. Public employees frequently speak out on matters of public concern, including departmental policies, public safety priorities, budget decisions, or local political questions. Burch confirms that classic off-duty political activity, such as displaying campaign signs, posting on personal social media in a private capacity, or otherwise expressing views as a concerned citizen, remains strongly protected. Public employers may not retaliate against employees for engaging in such citizen speech merely because the content is critical of management or touches on workplace issues.

At the same time, the ruling serves as a clear cautionary note about the limits of protection for speech delivered in the course of employment. Internal emails, reports, meeting comments, or proposals that can reasonably be viewed as part of an employee’s official responsibilities will typically be treated as unprotected under Garcetti. This distinction is especially pertinent in law enforcement and fire service agencies, where structured chains of command and operational proposals are commonplace. What may appear to a member as legitimate workplace advocacy can mischaracterized by management as insubordination once it is framed as an official communication.

Public safety unions should therefore treat Burch as a valuable educational tool. It is advisable to provide members with clear guidance on how to separate personal, citizen speech from any expression that could be construed as arising from their official duties. When raising legitimate concerns about public safety or departmental operations, members are generally better served by channeling those concerns through union representatives or other protected avenues rather than through formal internal memoranda or proposals presented in their official capacity.  

While the outcome in Burch favored the employer, the decision does not represent a broad retreat from public employee speech rights. On the contrary, it reaffirms that pure private-citizen speech on matters of public concern continues to enjoy meaningful First Amendment protection. For California public safety unions, the case provides a useful roadmap for how to exercise their constitutional rights safely and effectively. By understanding and respecting the line drawn in Burch between protected citizen speech and unprotected official-duty speech, public employees can more confidently participate in the democratic process while minimizing exposure to retaliation.

Public safety unions must remain vigilant in defending these rights and should be prepared to challenge overbroad applications of Garcetti whenever employers attempt to silence legitimate citizen expression. The First Amendment remains a vital safeguard for those who protect our communities.

When Using an Internal Investigation as a Defense, Expect Disclosure: Lessons from Paknad v. Superior Court

In a decision of considerable practical significance for public safety unions, the Sixth District Court of Appeal in Paknad v. Superior Court (Apr. 17, 2026), has clarified that an employer cannot invoke the thoroughness of its internal investigation as a shield in litigation while simultaneously withholding the factual substance of that investigation behind claims of privilege. The ruling arises from a sexual harassment, gender discrimination, and retaliation lawsuit in which the employer repeatedly emphasized the quality and independence of its pre-litigation investigation. When the plaintiff sought production of the full investigative reports, the Court of Appeal held that the employer’s defensive reliance on those materials waived both attorney-client privilege and work-product protection as to the factual findings and information bearing on the scope and adequacy of the investigation itself.

Before litigation commenced, the employer retained outside counsel to investigate the employee’s complaints. Counsel conducted witness interviews, reviewed documents, and prepared two detailed written reports containing the employee’s allegations, summaries of the interviews, the investigator’s factual determinations, conclusions, and legal recommendations for future action. The employer provided the plaintiff only with a high-level summary of the findings and later asserted an avoidable-consequences defense in the lawsuit, representing to the court and the jury that it had “thoroughly investigated every allegation” through an “independent, outside investigator” who had interviewed numerous witnesses and reviewed a voluminous record. When the plaintiff moved to compel production of the actual reports and underlying materials, the trial court initially permitted sweeping redactions that stripped away virtually all of the investigator’s factual findings. The Court of Appeal twice granted writ relief, first ordering production subject to in-camera review and then rejecting the trial court’s overly broad redactions on the second petition.

The appellate court’s reasoning rests on a straightforward fairness principle. Once an employer places the adequacy and independence of its internal investigation at the center of its defense, it cannot fairly withhold the very facts that would allow the plaintiff to test that claim. The court expressly held that factual content—witness statements, the investigator’s factual determinations about what occurred, and any information relevant to whether the investigation was thorough and impartial—must be produced. Pure legal advice, mental impressions, or unrelated protected communications may still be shielded, but the factual core of the investigation is not. Even core attorney work product loses protection when the employer voluntarily puts the protected matter at issue.

For California public safety unions, this decision represents a meaningful advance in discovery rights. Public employers routinely contract lawyers to conduct workplace investigations into member complaints of discrimination, harassment, and retaliation. Later, they seek to conceal these investigations citing attorney-client privilege while simultaneously touting that they “did everything right” and “thoroughly investigated.” Paknad makes clear that such representations come at a price.

Unions and their members now have authority supporting demands that the employer produce the actual investigative reports, interview summaries, and factual findings rather than hiding behind vague summaries or privilege assertions. The practical implications are considerable. In future litigation, counsel for public safety members should move aggressively to compel production whenever the employer pleads or argues that it conducted a proper investigation. Unions should also counsel members, during the administrative phase, to request full copies of any investigative reports generated in response to their complaints. Early reliance on an attorney-conducted investigation does not guarantee confidentiality if that investigation later becomes a centerpiece of the defense.

Conclusion

In light of Paknad, public safety unions would be well advised to treat any employer assertion regarding the quality of an internal investigation as an invitation to demand full disclosure. Paknad establishes an important principle in California employment law: an employer who voluntarily invokes the thoroughness and independence of its internal investigation as a litigation defense cannot simultaneously withhold the factual substance of that investigation behind claims of attorney-client privilege or work product protection. 

To that extent, the decision supports access to investigation materials by the employee who was the subject of the investigation—but its support is conditional, not categorical. The case does establish a freestanding right of an accused employee to access investigation materials in the pre-litigation or pre-disciplinary context. Rather, it holds that when an employer places investigation adequacy "at issue", a waiver of both attorney-client privilege and work product protection occurs, and the scope of that waiver is governed by what the employer has voluntarily put at issue. The practical result is that the employee targeted by the investigation gains access to the investigator's factual findings, credibility determinations, and other materials related to the scope and adequacy of the investigation.

The decision potentially levels the playing field by ensuring that members can effectively challenge the very investigations their employers use to justify discipline but then seek to hide behind. California public safety employees deserve nothing less than the ability to test the completeness and fairness of the processes that determine their professional futures.

California Court of Appeal Expands Disclosure of Confidential Police Personnel Records in Pitchess Motions

In a ruling that warrants careful attention from every California peace officer and the unions that represent them, the Court of Appeal in Schneider v. Superior Court (2025) 111 Cal. App. 5th 613 has broadened the scope of materials that must be disclosed following a successful Pitchess motion. The court held that once a trial court identifies Brady material during its in-camera review of an officer’s confidential personnel records, the prosecution is required to turn over not only the names and contact information of potential witnesses but the actual underlying records themselves. This now includes documentary evidence, police reports, audio and video recordings, and any other relevant materials contained within the personnel file.

For decades, Pitchess procedures have functioned as a narrowly tailored safeguard. Pitchess permited limited access to impeachment information while preserving the fundamental confidentiality of officer personnel records. The Schneider decision alters that balance. By mandating production of the full records rather than restricting disclosure to witness identifiers, the ruling exposes a wider array of sensitive internal documents to defense counsel and, in many instances, to criminal defendants. 

What makes this decision particularly troubling is how far it extends beyond the deliberately balanced transparency reforms enacted by the Legislature through Senate Bill 1421 and Senate Bill 16. Those statutes authorize disclosure of personnel records only in cases involving specific categories of serious misconduct, and only after the allegations have been sustained following a complete investigation and after the officer has been afforded a full opportunity to appeal. The Schneider ruling contains none of these safeguards. Instead, it opens the door to compelled disclosure of a much broader range of materials in criminal proceedings, even when the underlying matters involve unsustained allegations or fall well short of the serious misconduct threshold required under the legislation.

Public safety unions have long fought to protect the privacy of these files precisely because they contain highly personal and sensitive information that, if released, could compromise officer safety, reputations, and the integrity of internal administrative processes. The practical consequences for law enforcement personnel are substantial. This ruling increases the liklihood that mere allegations of misconduct and thier investigation, and other confidential materials will enter the public domain through criminal proceedings.  

In individual cases, officers should press for the most restrictive protective orders possible and insist upon rigorous in-camera reviews that limit disclosure to sustained allegations of serious misconduct. While the court’s opinion reflects a legitimate concern for defendants’ constitutional rights, it nevertheless tips the scales too far and creates the potential for unwarranted intrusions of privacy. 

 The decision underscores the continuing need to defend the confidentiality of personnel records as a cornerstone of effective law enforcement operations and the fair treatment of those who ptoect us all. 

Mastagni Holstedt files California Professional Firefighters Amicus Brief in the Ninth Circuit in Support of Judge Donato's Major Ruling Regarding Calculating Firefighter Overtime Rate

In a matter of significant consequence for public safety professionals throughout California, Mastagni Holstedt has filed an amicus curiae brief on behalf of the California Professional Firefighters in the pending Ninth Circuit appeal of David Barnett et al. v. City of San Jose. 

The Honorable James Donato, following a bench trial on stipulated evidence, issued a decision that correctly resolved long-standing disputes over the proper method for calculating the regular rate of pay for salaried firefighters under the FLSA. Specifically, Judge Donato held that the regular rate must be determined using the fixed divisor corresponding to the firefighters’ scheduled hours—224 hours over the 28-day work period—rather than dividing by total hours actually worked. Consistent with the published decision our firm obtained in Padilla v. City of Richmond, (N.D. Cal. 2020) 509 F.Supp.3d 1168, the court further ruled that holiday in lieu payments must be included in the overtime rate. In light of the City’s appeal, our brief respectfully urges the Court of Appeals to affirm this well-reasoned judgment in full.

The district court’s ruling rests on three principal determinations, each of which aligns squarely with the FLSA, its implementing regulations, and binding Ninth Circuit precedent. First, the court properly calculated the regular rate of pay for these salaried firefighters by employing the fixed 224-hour divisor prescribed by 29 C.F.R. § 778.113(a). Because the Memorandum of Agreement establishes a recurring bi-weekly salary intended to compensate a fixed schedule averaging 112 hours—equivalent to 224 hours over the 28-day FLSA work period—the salary methodology, rather than an hourly divisor based on actual hours worked, yields the correct regular rate. This approach prevents the fluctuating and artificially depressed rates that would result from the City’s proposed methodology, particularly in work periods when firefighters, consistent with their 48/96 schedule and frequent unscheduled hours, exceed the average.

Second, the court correctly limited the credit available for the City’s contractual overtime payments to the premium (one-half) portion only. Under 29 U.S.C. § 207(h)(2) and 29 C.F.R. § 778.315, the straight-time component of contractual overtime constitutes wages already owed for hours worked and may not be applied to offset the FLSA overtime premium. The district court’s representative calculation for plaintiff David Barnett illustrated the point with precision: after determining the inclusive regular rate and the FLSA overtime due on hours above the 212-hour threshold, only the 0.5 premium on qualifying contractual overtime hours was creditable, revealing an underpayment of $1,100.83 for a single period. To hold otherwise, the court observed, would systematically underpay straight-time wages and reward the very accounting practices the FLSA was enacted to prevent.

Third, and of particular importance, the court correctly required inclusion of holiday-in-lieu payments in the regular rate numerator. These payments function as compensation for the inherent inconvenience of a 24/7 fire suppression schedule that affords no paid idle holidays, not as excludable remuneration for periods of non-work “due to” a holiday within the meaning of 29 U.S.C. § 207(e)(2) and 29 C.F.R. §§ 778.218 and 778.219. The district court’s analysis, consistent with Padilla v. City of Richmond and the Department of Labor’s 1999 Opinion Letter addressing precisely this issue, confirms that labeling such remuneration “holiday pay” does not render it excludable when it bears no connection to actual idle time. The court further upheld the award of liquidated damages and the issuance of declaratory relief establishing the proper methodology going forward.

Our amicus submission emphasizes the broader ramifications of these holdings for the more than 32,000 career firefighters represented by California Professional Firefighters. A favorable ruling on appeal will preserve a clear, regulation-based framework that harmonizes collective bargaining agreements with the FLSA’s overtime floor. It will eliminate protracted disputes over the proper divisor and crediting rules that have, in the wake of Flores v. City of San Gabriel, frustrated early settlement and out-of-court resolution of claims. Most importantly, affirmance will ensure that salaried firefighters receive the full measure of compensation to which they are entitled for the demanding and often unpredictable hours they work in service of public safety.

The California Professional Firefighters has a vital institutional interest in these issues, and we are gratified to have assisted in presenting them to the Ninth Circuit. Should the Court affirm, the decision will provide persuasive authority across the Circuit, safeguarding reliable funding for firefighting operations while protecting the economic security of the men and women who staff them. We will continue to monitor the appeal closely and will provide further updates as developments warrant.

The proper calculation of overtime is not merely a matter of arithmetic; it is a cornerstone of fair labor relations and the rule of law in public employment.

Ninth Circuit Ruling Confirms Constitutional Limits on State Regulation of Federal Law Enforcement Operations

The Ninth Circuit enjoined California’s attempt to regulate federal officers, affirming Supremacy Clause protections PORAC warned were at stake. 

California State Senator Scott Wiener authored and championed Senate Bill 627, known as the No Secret Police Act, along with its companion legislation, Senate Bill 805, the No Vigilantes Act. Enacted on September 20, 2025, in direct response to the federal government’s expanded immigration enforcement operations, these bills were presented as efforts to promote greater transparency and prevent so-called “secret police” tactics by prohibiting law enforcement officers from wearing facial coverings and requiring non-uniformed officers to visibly display identification while performing their duties. Unfortunitly, Senator Weiner chose to extend these restrictions to California's peace officers, who have no role in immigation enfrocement.  

In a decisive opinion issued April 22, 2026, the United States Court of Appeals for the Ninth Circuit granted the United States an injunction pending appeal in United States v. State of California, No. 26-926. The panel, speaking through Judge Bennett, enjoined the State of California, Governor Gavin Newsom, and Attorney General Rob Bonta from enforcing Section 10 of the No Vigilantes Act—codified at California Penal Code § 13654—against federal agencies and officers. That provision requires non-uniformed federal law enforcement officers to visibly display agency identification, including a name or badge number or both, while performing enforcement duties, subject to misdemeanor penalties for willful violations. The court held that the statute impermissibly attempts to regulate the United States directly in the performance of its sovereign governmental functions, thereby violating the Supremacy Clause and the doctrine of intergovernmental immunity.

The Ninth Circuit’s reasoning rests on foundational precedent. States lack authority to impose operational mandates on federal officers that interfere with the execution of federal duties, even when the legislation is framed as generally applicable. The panel emphasized that the Supremacy Clause shields federal operations from such state interference. The remaining preliminary-injunction factors—irreparable harm, balance of equities, and public interest—likewise favored the United States. Accordingly, the injunction remains in force pending further proceedings.

This ruling powerfully confirms the advocacy of the Peace Officers Research Association of Californiaand the testimony David E. Mastagni delivered on behalf of  PORAC before the California Senate Public Safety Committee on September 11, 2025, in opposition to Senate Bill 627, the so-called No Secret Police Act, and related measures. At that hearing, Mr. Mastagni warned that legislation of this character was blatantly unconstitutional under the Supremacy Clause when applied to federal officers. He explained that the bills could not lawfully regulate federal law enforcement activities yet their severability clauses would leave California’s local peace officers to bear the full brunt of poorly drafted, reactionary restrictions. Despite this ruling, California officers, who play no role in federal immigration enforcement, still face impaired operational flexibility, compromised safety protocols, and the unwarranted stripping of essential immunities, all while the federal government secured an easy victory in court.

The Ninth Circuit’s decision carries immediate and substantial implications for Senate Bill 627. Although the opinion addresses the identification mandate in the No Vigilantes Act, its Supremacy Clause and intergovernmental-immunity analysis applies with equal force to SB 627’s prohibitions on facial coverings by law enforcement officers. The district court had already preliminarily enjoined enforcement of those provisions against federal officers, a ruling California elected not to appeal. The district court found no Supremcy Clause violation, but held the exclusion of Califoria State officers violated intergovernmental immunities by discriminating againt federal officers. 

Following the district court’s earlier ruling, Senator Wiener publicly cheered the decision as “very good news” in light of the judge’s conclusion that “masking is not necessary for law enforcement.” In the same vein, he described the ruling as “a huge win,” asserting that California possessed the power to ban federal agents from wearing masks and that the only adjustment required was to extend the prohibition equally to state officers. He  moved quickly to introduce SB 1004 to extend the facial covering ban to state officers. 

However, the Ninth Circuit’s subsequent analysis demonstrates the futrility of SB 1004, as the core constitutional defects run far deeper than any drafting fix can cure. Extending these operational mandates to more California officers will only compound SB 6727's harm to California’s public safety officers. In light of the Ninth Circuit’s clear articulation of the governing SUpremecy Clause principles, any remaining uncertainty regarding SB 627’s application to federal operations has effectively been resolved in favor of federal supremacy. Notwithstanding the facial neutrality of the statute, it directly regulates how federal agencies conduct their operations and therefore cannot stand as applied to them.

For California’s state and local peace officers, however, the consequences are far less favorable. The severability clauses embedded in these measures ensure that the restrictions, narrow and vaguely worded exceptions, criminal penalties, and—most troubling—the wholesale stripping of critical civil immunities remain fully operative against them. Officers confronting legitimate needs for facial coverings in gang-related operations, riot control, hazardous-materials scenes, or protective details now operate under the constant threat of personal liability and loss of protections long afforded by statutes such as Penal Code §§ 836, 847, and Government Code §§ 820.2, 820.4, and 821.6. The “knowing and willful” standard, as Mr. Mastagni carefully explained in his testimony, attaches to the act of covering one’s face rather than to any intent to violate the law, thereby eliminating good-faith mistake defenses and exposing officers to statutory damages of at least $10,000 even in the absence of actual harm.

In the midst of California’s ongoing law-enforcement staffing crisis, these burdens exacerbate recruitment and retention challenges and chill proactive policing. Public safety unions and their members have long understood that legislation born of political impulse rather than careful drafting ultimately harms the very officers charged with protecting our communities. The Ninth Circuit’s ruling should serve as a cautionary signal to the Legislature that further efforts to extend similar operational mandates against federal officers will will meet the same constitutional fate, i.e. only land on state and local officers and further compromise officer safety and effectiveness.

Mastagni Holstedt's representation of PORAC and California’s public safety unions remains unwavering. We will continue to monitor this litigation closely and support constitutionally sound policies that enhance rather than undermine the ability of law enforcement to perform their vital duties. 

California Court of Appeal Rules Public Safety Union Did Not Waive Right to Bargain Over Outsourcing

    In a published opinion that will resonate throughout California’s public safety labor community, the Court of Appeal has reversed a trial court decision and ruled that the Los Angeles County Professional Peace Officers Association retained its statutory right to meet and confer over the County’s plan to outsource security work to a private contractor. Los Angeles County Professional Peace Officers Association v. County of Los Angeles (2026) B338182 (certified for publication April 10, 2026), held that the union did not clearly and unmistakably waive its right to bargain over the County’s decision to transfer bargaining-unit security work to a private contractor.

    The dispute centered on Article 16 of the parties’ Memorandum of Understanding, titled “Employee Rights in the Event of Transfer of Functions.” That article provided, in pertinent part:

“In the event the County enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in this representation Unit or the law provides for the transfer of functions now being performed by employees in this Unit to another public or private agency, the County will advise such public or private entity of the existence and terms of this Memorandum of Understanding and will immediately advise PPOA of such agreement or law. In addition, the County will consult with the employer absorbing a County function to encourage utilization of affected employees by the new employer. When a Department’s Request for Proposal is approved by the Chief Executive Officer, the Labor Relations Office will arrange to meet with representatives of PPOA to advise them of this action within five (5) days.

When advance knowledge of the impact of pending changes in function, organization, or operations is available which will result in the abolishment of positions or when there is any major reassignment of functions from one department to another or to another agency, Management will make an intensive effort to either reassign or transfer affected employees to other position for which they qualify, or train affected employees for new positions in order to retain their services.

It is understood and agreed that Management shall have no obligation to negotiate the decision of any reorganization by the County during the life of this agreement.”

    When the County announced its intention to contract out security services at the Kenneth Hahn Hall of Administration, it refused the union’s request to meet and confer on the decision itself. The County asserted that the final sentence of Article 16 constituted a waiver of any obligation to negotiate the decision of any reorganization, which it interpreted to include outsourcing.

    The appellate court carefully examined both the contract language and the governing legal standard under the Meyers-Milias-Brown Act. It reaffirmed that outsourcing decisions affecting terms and conditions of employment constitute mandatory subjects of bargaining. The court reiterated that any claimed waiver of a union’s bargaining rights must be clear and unmistakable. After reviewing the full context of the Memorandum of Understanding provisions, the court concluded that neither the transfer-of-functions language nor the general reorganization clause satisfied this demanding standard.

    The court explained that the notice and consultation provisions in Article 16, while addressing the consequences of a transfer, say nothing about waiving the statutory right to meet and confer. The court further observed that the management rights clause’s reference to “any reorganization” is vague and ambiguous. It could reasonably be read to memorialize only the County’s right under Government Code section 3504 to make fundamental management decisions, such as internal reorganizations or layoffs, without bargaining. The clause does not expressly mention outsourcing or the statutory meet-and-confer obligation.

    The decision underscores a principle of enduring importance in public sector labor law. General management rights clauses serve to preserve traditional managerial prerogatives rather than to operate as silent waivers of the duty to bargain over matters such as subcontracting that directly impact wages, hours, and working conditions. Silence or ambiguous language is insufficient to relinquish important statutory protections. In the court’s view, the County simply failed to carry its burden to demonstrate a clear and unmistakable waiver under the terms of the Memorandum of Understanding.

    This ruling therefore provides valuable guidance for public safety unions negotiating memoranda of understanding throughout the state. Agencies will frequently attempt to rely on broad contract language to bypass the meet-and-confer process on critical issues such as outsourcing. PERB is in accord, scrutinizing such claims rigorously and requiring explicit, unmistakable waiver language before finding that a union has surrendered its rights.

    California public employee unions can take confidence from the outcome, which reinforces the fundamental protections of the Meyers-Milias-Brown Act and serves as a timely reminder that vigilant negotiation and careful review of proposed contract terms remain essential to safeguarding bargaining-unit work.

To read the Court's full Opinion, click here. 

AB 1564 Advances to Protect Confidential Union Communications for California Public Safety Officers

Assembly Bill 1564 (Ahrens), sponsored by the Peace Officers Research Association of California, protects confidential communications between public sector union representatives and their members relating to matters within the scope of representation. The legislation codifies longstanding Public Employment Relations Board precedents, including William S. Hart Union High School District (2018) PERB Decision No. 2595 and County of Merced (2014) PERB Decision No. 2361-M. 

The bill establishes that it is an unfair labor practice for a public employer to question a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and the representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. This protection covers grievances, disciplinary proceedings, and working conditions. The bill has been previously introduced in prior sessions as AB 340 and AB 2421.

On March 18, 2026, David E. Mastagni of Mastagni Holstedt testified before the Assembly Committee on Public Employment and Retirement, which advanced AB 1564 with bipartisan support. During his testimony, David responded directly to critics of the bill explaining the bill safeguards only those secondhand representational discussions that possess no legitimate evidentiary value yet serve only to chill protected activity and invade the essential trust in the representation relationship. The narrowly tailored legislation does not even create a new evidentiary privilege under the Evidence Code. 

Rather, he explained, it applies solely to public employers, and its violations are enforceable only as unfair labor practices through the Public Employment Relations Board. The protections do not extend to criminal investigations and does not supersede Government Code Section 3303. Public employers remain free to question any percipient witness about the facts of an incident or firsthand observations. 

Critics, including certain school administrators and local government employers, have suggested that the bill would hinder workplace investigations or conflict with obligations such as those arising under AB 218, which extends time for childhood sexual assault victims to file civil claims. These concerns are unfounded. AB 218 addresses statutes of limitations in civil litigation and does not dictate or restrict legitimate investigative tactics. Public employers, including schools, may still interview any witnesses who possess firsthand knowledge of alleged events, ensuring that investigations remain robust and thorough. 

AB 1564 protects only representation-related communications, such as pre-interview advice or grievance strategy discussions between an employee and union representative. Compelling disclosure of such secondhand information would unlawfully deputize union representatives to impeach their own members, eroding the core functions of employee organizations and undermining employee willingness to seek candid guidance.

California public employees deserve the assurance that they can communicate fully and frankly with their union representatives without fear of employer intrusion. The measure strengthens the foundational trust between public employees, their unions, and their employers while preserving legitimate investigative authority where it truly matters.

The bill continues to draw increasing attention as it advances through the Legislature, including recent media coverage by the Sacramento Bee quoting partner David E. Mastagni in relation to his testimony at the capitol.

Mastagni Holstedt, APC is proud to have assisted in the drafting of this important legislation and will continue to monitor the progress of AB 1564 closely as it moves through the legislative process. This bill represents a significant step forward in reinforcing the protection of representation rights in California. 

You can also view David E. Mastagni's testimony at this link. 

SB 1105 Could Undermine California's Most Effective Public Safety Partnerships

California peace officers have long relied on seamless interagency cooperation to confront the most dangerous threats facing our communities. A new proposal now before the Legislature, SB 1105 authored by Senator Sasha Renée Pérez, imperials public safety. Although the bill is framed as a safeguard against racial profiling and a protector of constitutional rights, its actual provisions would fracture the collaborative networks that have repeatedly delivered results in human trafficking investigations, illegal firearms interdictions, child abductions, fentanyl suppression, and counterterrorism planning. The consequences will be preventable harm to Californians.

The legislation would impose two structural barriers that are incompatible with the realities of modern law enforcement. It would bar California agencies from any joint task force or interagency agreement involving a federal or out-of-state partner previously associated with certain conduct, regardless of whether the specific personnel or unit in question played any role in that earlier matter. In addition, the measure would require written approval from the Attorney General before any such operation could begin, with reauthorization mandated every two years. These blanket restrictions ignore the fluid, time-sensitive nature of investigations where delays of even hours can determine whether a victim is recovered alive or a network is dismantled before it claims more lives.

The practical effects are already clear. Task forces that have rescued numerous victims, including children, from human trafficking operations would face dissolution because of routine participation by federal partners. Partnerships that allow local agencies to trace and intercept illegal firearms through established federal tracing systems would be curtailed, leaving more prohibited weapons circulating in California communities. In abduction cases, where the first hours are decisive for survival, local officers would be forced to pause critical coordination while awaiting formal bureaucratic consent. Efforts to disrupt fentanyl distribution networks, which continue to claim thousands of Californians annually, would lose the integrated support that has proven essential to breaking supply chains.

These risks extend beyond daily operations to the security of major events on the horizon. California is scheduled to host the FIFA World Cup and the 2028 Olympic and Paralympic Games, all of which represent high-profile targets for terrorism and transnational crime. Credible threats to venues such as the Rose Bowl would require instantaneous coordination with federal intelligence and joint terrorism resources. Under the terms of SB 1105, that coordination could be delayed or entirely blocked while agencies seek written approvals, creating vulnerabilities that minutes could otherwise prevent.

Beyond the operational disruptions, the bill would strip local departments of resources they cannot duplicate internally. Real-time national intelligence databases embedded federal expertise, advanced technical equipment, and the financial reimbursements that help offset local expenditures would all disappear from California operations. The legislation itself recognizes this burden by classifying the measure as a state-mandated local program, yet it offers no assurance that the state, already confronting significant budget pressures, will fully fund the resulting obligations. Unfunded mandates inevitably shift costs onto cities and counties, and ultimately onto the taxpayers who expect their public safety professionals to have every available tool.

It is important to note that California peace officers already operate under clear restrictions that prevent any involvement in federal immigration enforcement. SB 1105 would therefore change nothing in that arena. Instead, it would obstruct precisely the partnerships needed to address terrorism, violent crime, drug trafficking, and human exploitation. Criminal organizations thrive precisely because they exploit jurisdictional gaps, and the task force model was designed to close those gaps. This proposal would reopen them.

California law enforcement agencies and public safety employees should watch this legislation closely and start developing plans to mitigate the dangers posed by its enactment. 

Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh: A Timely Blueprint for California Public Safety Unions on Representation Rights in Witness Interviews

    California’s Public Employment Relations Board has steadily expanded representational protections under the Meyers-Milias-Brown Act beyond classic disciplinary interrogations to encompass a broader range of employer meetings where employee statements may carry workplace consequences. This development intersects directly with the proposed decision issued by the Pennsylvania Public Labor Relations Board in Fraternal Order of Police, Fort Pitt Lodge No. 1 v. City of Pittsburgh, 57 PPER ¶ 32 (Proposed Decision and Order, 2025). That ruling offers valuable guidance for California police and fire unions when members are summoned as witnesses in grievance arbitrations or related pre-hearing interviews, ensuring that the label of “witness” does not become a vehicle for intimidation or coercion.

    In the Pittsburgh case, Sergeant Jeffrey Tagmyer of the Pittsburgh Police Department was subpoenaed by his union, the Fraternal Order of Police, to testify in a disciplinary grievance arbitration on behalf of another officer. After the hearing was continued, the city arranged a pre-arbitration interview with an assistant solicitor. Tagmyer received a direct order from an assistant police chief to attend the meeting. He arrived accompanied by his union attorney, yet the solicitor refused to permit the attorney to participate. The solicitor repeatedly emphasized that Tagmyer faced no disciplinary exposure from his answers and was appearing solely as a witness. When Tagmyer and his counsel pressed for clarification on whether refusal to answer without representation could result in discipline for insubordination, the solicitor confirmed that it could and threatened to report Tagmyer to command staff as insubordinate if he declined to proceed unrepresented. The interview did not occur, and Tagmyer faced no discipline for his refusal. A later session ultimately allowed limited union presence.

    The Pennsylvania board’s hearing examiner rejected the claim that Tagmyer enjoyed Weingarten rights, concluding that the objective circumstances did not support a reasonable belief that the interview could lead to discipline against him personally. All communications had clearly identified him as a witness to events that did not directly implicate his own conduct. Nevertheless, the examiner found an independent violation of the Pennsylvania Labor Relations Act through coercive interference with protected rights. Participating as a union witness in a grievance arbitration constitutes protected concerted activity. The city impermissibly conditioned that protected participation on an unrepresented interview backed by the explicit threat of insubordination discipline. The solicitor’s statement that she preferred unfiltered answers without union “interference” provided no legitimate justification sufficient to override the chilling effect on protected activity.

    This distinction between the absence of classic Weingarten protections and the presence of coercive interference aligns closely with the trajectory of California PERB decisions. PERB has long held that representational rights arise not only in strictly investigatory interviews where discipline is reasonably feared but also in meetings that may significantly affect the employment relationship or where questioning carries foreseeable consequences, even absent an initial disciplinary label. Recent clarifications reinforce that a meeting styled as non-disciplinary can transform if the employer probes potential misconduct, that employees need not use magic words to request representation, and that employer assurances do not automatically eliminate a reasonable belief in potential adverse outcomes. In the public safety context, pre-hearing witness interviews conducted by internal affairs, command staff, city attorneys, or outside counsel frequently involve topics that could expose a member to impeachment risk, policy violations, or derivative scrutiny. PERB’s emphasis on substantive reality over formal labels means that California unions can invoke protections in precisely the circumstances the Pittsburgh decision identifies as coercive.

    California public safety unions should therefore treat every request for a member to appear as a witness in such settings with the same vigilance applied to disciplinary interviews. The union should promptly demand written confirmation of the interview’s purpose, the specific topics to be covered, the identity of the questioner, and whether attendance is compelled. Where compulsion is involved, the union must secure appropriate Garrity or Lybarger advisements and use restrictions in advance. A careful assessment of potential exposure is essential, focusing on any policy areas the member’s observations or actions might implicate, such as use of force, report writing, scene management, or chain-of-command obligations.

    Unions should anticipate and prepare for common employer tactics. When an employer asserts that representation is unnecessary because the session is merely a witness interview, the response should remind the employer that the reasonable-consequence standard governs and that representation will be present before any questioning proceeds. Once exposure is identified, the union should insist upon reasonable scheduling to permit a representative or counsel to attend and should place on the record that the member appears as a witness while invoking representation because of reasonably foreseeable employment consequences.

    When an employer delays or refuses to clarify compulsion or use protections, the union should insist that such advisements be provided before any potentially incriminating questions are posed. When an employer demands immediate commencement, the union should counter with the legal entitlement to reasonable delay for securing representation and propose specific alternative times.

    The Pittsburgh decision reinforces a principle that California public safety unions have long championed: employers may not convert protected participation in the grievance process into an opportunity for unrepresented, coercive questioning. By systematically invoking and exercising meaningful representation in witness interviews, unions protect individual members from intimidation while preserving the integrity of the collective bargaining relationship and the willingness of officers and firefighters to come forward as witnesses on behalf of their colleagues. Public safety unions and their members facing these recurring situations should consult experienced counsel promptly to evaluate the specific facts, preserve the record, and pursue any available remedies through PERB unfair practice proceedings. The firm remains committed to providing the strategic guidance necessary to safeguard these essential rights.

Conclusions:

Key Takeaways from Fraternal Order of Police, Fort Pitt Lodge No. 1 bearing directly on current California standards:

1. Witness status does not nullify representation rights. The label “witness” cannot be used to deny a reasonable request for union representation where the interview’s context or questioning could reasonably lead to adverse employment consequences.
2. Employer control of the interview has limits. While the employer may control who asks questions and the scope of inquiry, it may not exclude a union representative from meaningfully participating in ways reasonably necessary to protect the member’s interests, including clarifying questions, lodging objections to coercive tactics, and offering brief consultations.
3. No intimidation or coercion. The employer may not condition cooperation on waiver of representation or employ tactics that would reasonably deter an employee from invoking representation, including pretextual “witness-only” framing where potential exposure exists.
4. Process matters. Clear notice of purpose, respect for reasonable delays to secure representation, and preservation of the representative’s ability to advise are essential safeguards.
5. If the interview could foreseeably touch the member’s conduct, judgment, or compliance with policy—even as a bystander—the member may reasonably request representation. 
6. Pre-hearing witness interviews by Internal Affairs, command staff, city attorneys, or outside counsel, though framed as “fact-gathering,” often carry foreseeable employment consequences, including impeachment risk, policy-violation exposure, or derivative discipline.
7. Representational participation is meaningful, not ceremonial. California law, like the Pittsburgh proposed decision, recognizes that representation must permit real-time consultation and non-obstructive advocacy to prevent intimidation and preserve the integrity of the process. 

Parallels with California PERB’s Expanded Protections

    PERB’s recent decisions have emphasized substantive realities over labels. Meetings need not be styled as “disciplinary interrogations” to trigger representational rights where (a) the employee reasonably believes discipline could result, or (b) the employer’s questioning seeks information that could materially affect working conditions, job status, or future disciplinary exposure. In practice, this means:

1. If the interview could foreseeably touch the member’s conduct, judgment, or compliance with policy—even as a bystander—the member may reasonably request representation.
2. Pre-hearing witness interviews by Internal Affairs, command staff, city attorneys, or outside counsel, though framed as “fact-gathering,” often carry foreseeable employment consequences, including impeachment risk, policy-violation exposure, or derivative discipline.
3. Representational participation is meaningful, not ceremonial. California law, like the Pittsburgh proposed decision, recognizes that representation must permit real-time consultation and non-obstructive advocacy to prevent intimidation and preserve the integrity of the process

POST's 2025 Decertification Report: 42,000+ Allegations, But Decertification Remains Rare – What Officers Need to Know

The 2025 Peace Officer Standards and Accountability Division (POSAD) Annual Report offers California peace officers and their labor organizations a clear window into the ongoing implementation of Senate Bill 2's decertification framework. Released by the Commission on Peace Officer Standards and Training (POST), this comprehensive document details the volume of misconduct allegations processed, the outcomes of reviews, and the practical realities of certification actions since the program's expansion in 2023. For unions and their members, the report underscores both the challenges of heightened scrutiny and the relatively low rate of ultimate certification loss, while highlighting areas where proactive steps can help safeguard careers.

POST now holds authority to investigate and act on nine categories of serious misconduct, ranging from dishonesty and physical abuse to sexual assault, bias demonstration, and failure to intercede. The report reveals that since inception, POST has received nearly 42,000 reports of alleged serious misconduct from agencies, including about 18,000 retroactive or "lookback" cases covering incidents from early 2020 through early 2023. Public complaints have also surged, exceeding 3,000 submissions involving more than 1,700 officers.

A significant portion of these case involve retroactive reporting. Of the roughly 17,900 lookback allegations consolidated into unique cases, POST closed more than 15,500 by the end of 2025. Authority for retroactive action remains limited to three categories: dishonesty, sexual assault, and excessive deadly force causing death or serious injury. In total, 203 cases resulted in revocation, suspension, or ineligibility findings, though many fell outside those narrow retroactive grounds.

The Peace Officer Standards and Accountability Division currently manages over 7,100 open cases, with around 3,500 under POST investigation and nearly 9,000 still pending agency-level internal affairs completion. Among closed cases where agencies completed investigations and POST conducted independent review, more than two-thirds were initially reported as not sustained, exonerated, or unfounded. POST notes minimal discrepancy between agency findings of non-sustained allegations and its own conclusions. This is expected given the higher clear and convincing standard applied to decertification cases, as opposed to the preonderance of the evidence standard typically applied in dsiciplinary matters. Sustained findings from agencies appear in about 24 percent of pending POST cases, marking them as priorities for deeper scrutiny.

Public complaints show even lower rates of severe outcomes. Roughly 41 percent of public submissions have closed, with about 85 percent of those determined not to involve serious misconduct. Non-jurisdictional or non-actionable matters account for most of the remainder, and only around 1 percent of closed public complaints led to certification action. Overall, public complaints have triggered certification consequences in just 0.4 percent of instances.

The advisory board and commission review process remains deliberate. By late 2025, the board held seven hearings on 22 cases, recommending suspension or revocation in all but two, with the commission generally upholding disciplinary recommendations. Appeals from officers have declined, dropping to 31 percent of notices sent, compared to higher rates in earlier years. Cases involving DUI violations under the "acts that violate the law" category often see higher appeal rates and more frequent stipulated settlements, allowing officers to retain certification under probationary terms with monitoring and rehabilitation requirements.

These statistics reflect a system still processing a massive initial influx while closing cases at an increasing pace. The vast majority of allegations do not result in decertification, yet the potential consequences remain serious for those that meet the clear and convincing evidence threshold in defined serious misconduct categories.

For peace officers and their unions, the report carries important practical lessons. Thorough documentation during incidents, prompt cooperation with agency investigations, and adherence to departmental policies remain essential to reducing exposure. Officers facing allegations should engage experienced representation early to navigate agency inquiries and any subsequent POST proceedings. Unions play a vital role in educating members about reporting obligations, ensuring fair investigations, and advocating during appeals or stipulated resolutions.

The low overall rate of certification revocation demonstrates that the process, while rigorous, does not automatically equate to career-ending outcomes in most instances. Nevertheless, the continued volume of reports and public complaints signals that scrutiny will persist. Staying informed about POST guidelines, participating in ongoing training, and fostering strong union support networks help mitigate risks and protect the rights of those who protect us all.

Announcing: Partner Kathleen N. Mastagni Storm Appointed to Wildlife Technology Research and Development Review Advisory Board

    Congratulations to Mastagni Holstedt A.P.C. Partner, Kathleen N. Mastagni Storm, who was appointed as an Advisory Board Member for the Wildlife Technology Research and Development Review Advisory Board by California Assembly Member, Robert Rivas, who represents District 29. 

    Established in 2021 by California Senate Bill 109, the Office of Wildfire Technology Research and Development ("OWTRD") serves as the central organizing axis within the Department of Forestry and Fire Protection to study, test, and advise regarding procurement of emerging technologies and tools to more effectively prevent and suppress wildfires within the State. 

    The Advisory Board is tasked with reviewing the Office and serving OWTRD as an advisory entity. The Board is made up of nine members, including representatives from state agencies, the fire service, academia, and other stakeholders. 

    Following her appointment to the Board, Kathleen shares: 

"For twenty years, I've fought to protect and empower California firefighters and first responders who risk everything to keep our communities safe. This role allows me to continue that commitment by helping advance innovative technologies that will make their work safer, more effective, and ultimately save more lives—it’s a privilege to give back in this meaningful way." 

    At Mastagni Holstedt A.P.C., Ms. Mastagni Storm dedicates her practice to labor and employment law, with a focus on representing public safety professionals, including firefighters and first responders. As an attorney who has dedicated her career to representing first responders, she brings a uniquely informed legal and practical perspective to her appointment. Her firsthand experience advocating for emergency personnel has given her a deep understanding of the operational realities they face and the critical importance of effective equipment and resources. The Firm congratulates her on this well-deserved honor and looks forward to her continued contributions! 

 

California Supreme Court Clarifies Limits on Declaratory Relief and Records Preservation Under the California Public Records Act

 A recent decision from the California Supreme Court offers important guidance for public safety agencies and the officers they employ regarding obligations under the California Public Records Act (CPRA). In City of Gilroy v. Superior Court (2026) __ Cal.5th __, the Court addressed whether declaratory relief remains available after all nonexempt records have been produced and whether agencies must preserve records they have properly withheld as exempt while a request is pending.

The case arose from requests by a nonprofit legal services organization for Gilroy Police Department body-worn camera footage related to homeless encampment cleanups. The City withheld certain footage under the investigatory records exemption, produced other responsive nonexempt material, and ultimately followed its standard one-year retention policy for routine body-camera video. Some older footage had already been automatically deleted before the requests specifically identified body-camera video as the target.

The Supreme Court held that declaratory relief is available under the Public Records Act to address an agency’s past conduct in responding to a request, even when the matter would otherwise appear moot because all existing nonexempt records have been disclosed. Such relief serves the CPRA's purpose of clarifying rights and obligations and deterring future violations that could affect public access.

At the same time, the Court unanimously affirmed that the CPRA imposes no independent duty on agencies to preserve records they have claimed are exempt from disclosure. The Act is a disclosure statute, not a records-retention statute. Agencies remain free to follow applicable retention schedules established by statute or local policy, including the one-year retention period commonly applied to routine body-worn camera footage that is not evidentiary. The Court rejected arguments that a three-year preservation obligation should be read into the CPRA based on the general statute of limitations.

This ruling carries direct practical significance for public safety employees and the agencies that represent them. Body-worn camera footage, drone surveillance video, and other recordings frequently contain sensitive information about officers, tactics, or members of the public. When such material is properly withheld under an exemption, such as the investigatory exemption or Pitchess, the agency is not required to retain it indefinitely simply because a Public Records Act request has been received. Routine destruction in accordance with law does not, by itself, violate the Act.

The decision may also provide for declaratory relief to determined disputed interpretations of CPRA disclosures that affect employee organizations or their members, such as disputes over the scope and interpretation of disputed disclosures under Senate Bill 1421 and related statutes governing peace officer records. Under this decision, disputes over past disclosed can potentially be adjudicated to obtain prospective determinations affecting future requests. Agencies may continue to apply deletion policies with confidence that compliance with statutory retention periods will not expose them to liability under the Public Records Act for records properly claimed as exempt.

As always, each Public Records Act request and retention decision must be evaluated on its specific facts. Officers or agencies facing novel or aggressive requests for personnel-related materials, body-camera footage, or drone surveillance video are encouraged to consult experienced counsel promptly to ensure both compliance with disclosure obligations and protection of legitimate privacy interests.

David E. Mastagni Testifies Against SB 747 on Behalf of PORAC Before the Senate Judiciary Committee

On January 13, 2026, David E. Mastagni appeared before the Senate Judiciary Committee to deliver testimony on behalf of the Peace Officers Research Association of California in opposition to Senate Bill 747, referred to as the No Kings Act by its proponents. This legislation, authored by Senator Scott Wiener, aims to establish a new state cause of action for individuals deprived of their constitutional rights under color of any law, mirroring the framework of federal Section 1983 claims but extending potential liability to a broader range of actors, including federal officers. Proponents argue that the bill addresses accountability gaps in cases where federal remedies, such as those under Bivens actions, prove inadequate, particularly in areas like immigration enforcement and election interference. However, as Mr. Mastagni emphasized in his testimony, the measure in its current form introduces unnecessary duplication and risks undermining established legal balances without meaningfully enhancing protections.

Building upon our prior post examining SB 747 and its potential implications for public safety personnel, Mr. Mastagni's testimony highlighted PORAC's core concerns with the bill's redundancy and its unintended consequences for California public employees. He explained that the Tom Bane Civil Rights Act already provides a robust mechanism for addressing constitutional violations, offering broader coverage than Section 1983 by encompassing interference through threat, intimidation, or coercion, even outside the color of law. This existing statute renders SB 747 superfluous, as it effectively allows suits against federal officers in their individual capacities where appropriate. Mr. Mastagni stressed that Supremacy Clause immunity would likely continue to protect federal actors operating within their authority, leaving the bill's practical impact confined largely to state and local employees who are already accountable under multiple frameworks.

A central theme of the testimony focused on the dangers of duplicative liability for California public servants. Mr. Mastagni articulated that by codifying a new cause of action akin to Section 1983 without adequate safeguards, SB 747 would layer additional exposure onto peace officers, teachers, social workers, and other state workers who currently face accountability through Section 1983 and the Bane Act. Such overlap not only invites increased litigation and potential inconsistencies in legal standards but also threatens to chill the essential duties of these professionals, deterring them from performing their roles effectively amid heightened fears of personal financial ruin. He underscored that this expansion fails to advance genuine accountability, as federal sovereign immunity doctrines, as affirmed in cases like Cheng v. Speier, 609 F. Supp. 3d 1046 (N.D. Cal. 2022) would often preempt claims against federal officers even if brough in their individual capacities because courts look to the "real party in interest." Where the suit challened the performance of official duties, the United States would liekly be deemed the real party in interest. 

To address these issues while maintaing the bill's intent to close legitimate gaps in constitutional remedies, PORAC's proposed amendments to the bill. These amendments would exempt any public employee (whether federal, state or local) already subject to liability under Section 1983 or Bivens v. Six Unknown Named Agents, thereby preventing redundant lawsuits and ensuring uniform treatment across federal, state, and local actors. Additionally, the amendments would reverse the bill's savings clause, rendering the entire measure inoperative if a court determines that sovereign immunity bars its application to federal officers. 

State and local public employees were sept into this bill due to the author's cocerns that including onyl federal employees would discriminate against federal employees. However, these amendment comport with the principles of intergovernmental immunity, as articulated in United States v. Washington, by promoting equity though application of evenhanded standards without discriminating based on governmental status. In fact, these modifications would transform the bill into a bona fide mechanism for filling accountability gaps and ensuring all public employee are subject to identical accountablity for Consittutional violations.  

PORAC recognizes the importance of ensuring accountability for constitutional violations where federal remedies fall short, but insists that any reform must treat all public employees fairly and avoid burdensome redundancies. “PORAC supports closing genuine gaps in constitutional accountability,” said Brian R. Marvel, PORAC President. “But we must do so in a way that treats all public employees fairly, avoids redundant and burdensome litigation, and fully complies with federal law. The proposed amendments achieve that balance.”

The testimony, which can be viewed in the embedded video below, reflects PORAC's commitment to advocating for reasoned legislation that protects both civil rights and the professionals entrusted with public safety.

Senate Bill 747 advanced through additional Senate proceedings despite California law enforcement opposition and on January 27, 2026, the California State Senate passed the bill on a 30-10 party-line vote, sending it to the Assembly for consideration. T

For further coverage, see the Los Angeles Times articles by Dakota Smith quoting Mr. Mastagni and PORAC representatives: Lawsuits against ICE agents would be allowed under proposed California law and After Minneapolis shootings, California advances a bill allowing lawsuits against federal agents.