Practice Areas
Renne Sloan Holtzman Sakai LLP provides legal representation for cities, counties, airports, ports, school districts, state agencies and other governmental employers, non-profit organizations and individuals in a wide range of matters. Our areas of specialization include the following:
Government Law and Litigation
Government law affects every aspect of the policy-making and operations of local governments, from how legislative bodies conduct their meetings, to the ethics laws that govern the conduct of public officials and employees, to very constitutional principles that form the basis of our governmental system. The ability of local governments to act effectively in the public interest depends on receiving precise and practical advice on the wide array of government law issues, and receiving expert representation when policy decisions are judicially challenged.
Government Law Counseling
Our government law practice model emphasizes providing accurate and timely advice that takes into account the practical realities faced by local government decision-makers and administrators. Our aim is to provide local officials with the confidence that they are making decisions and conducting their business in a manner that complies with all federal and state laws so that they may focus on the critical policy issues they are charged with addressing.
Our lawyers have extensive experience advising local officials on a broad range of government law issues. Our firm includes an attorney who served as the elected San Francisco City Attorney, and who was responsible for advising elected and appointed officials on matters ranging from resolving complex constitutional issues, to drafting and interpreting city charter provisions and ordinances, to government sunshine laws governing public meetings and public records. Our firm also includes a former chief deputy city attorney, and the former chief of the government litigation section of a city attorney's office.
We offer a wide range of government law counseling and litigation representation. The types of matters on which we advise and represent local election officials include:
Drafting charter amendments and ordinances.
Resolution of complex and sensitive constitutional issues, including First Amendment issues.
Advising public agencies on sunshine legislation and other laws governing the local government decision-making and operations.
Government Litigation
Our firm's attorneys have represented local agencies and officials in federal and state court challenges to their decisions and policies. We have successfully defended local governments against constitutional challenges to a wide range of ordinances and policies, as well as challenges to decisions by administrative agencies. In addition, we have defeated claims alleging violations of the state's open meetings and public records laws. Our approach is to zealously defend the ability of public officials to make the difficult decisions they are charged with making, and seek early termination of such challenges so that policies in the public interest may be fully implemented at the earliest possible time.
Ethics Advice and Training
RSHS attorneys also have extensive experience in guiding public officials through the labyrinth of ethics laws that govern their conduct. We offer ethics advice and training programs for public officials and employees. Our knowledgeable attorneys provide training on a wide range of ethics issues including the following:
Laws requiring public officials with conflicts of interest to refrain from participating in governmental decisions
Reporting economic interests under the Political Reform Act.
Restrictions on gifts and other perquisites to public officials
Compliance with open government laws, including the Brown Act open meeting law and the Public Records Act
Elections
Timely Election Law Advice and Representation
When it comes to conducting elections in California, one trend is abundantly clear. State and federal laws continue to become more complex, and the consequences of failing to comply with these laws continue to become more severe.
Our election law practice model recognizes the critical need for election officials to receive timely, accurate and practical legal advice to solve election problems arising under state and federal law. Our firm is uniquely positioned to provide these expert services in this highly-charged area.
Our lawyers have unparalleled experience providing practical legal advice on the wide range of state and federal legal issues faced by election officials in California. Our firm includes a former San Francisco City Attorney and a former Chief Counsel to the California Secretary of State, who also served for ten years as counsel to the San Francisco Registrar of Voters, providing election law advice and representing the Registrar in election litigation.
Our firm's experience representing the Registrar of Voters provides us with a sound understanding of the practical problems faced by local election officials in conducting elections in accordance with strict timelines, and impressed upon us the critical importance of providing timely and practical election law advice. That experience also means that we are prepared to effectively represent officials in election litigation in the very constrained timelines inherent in such litigation.
Our experience representing local election officials is complemented by our experience advising and representing the Office of the California Secretary of State on cutting-edge legal issues, including the conduct of the historic October 2003 gubernatorial recall election, the Voting Rights Act, the Help America Vote Act, and the certification, security and reliability of new voting systems.
We offer a full range of election counseling and litigation services. The types of matters on which we advise and represent local election officials include:
The initiative, referendum and recall processes, including the form and circulation of petitions, the verification of signatures and conduct of the election, and representation in litigation over these issues.
Implementation of new voting systems.
Compliance with the Voting Rights Act, including the minority language provisions of the Act.
Compliance with the Help America Vote Act.
Development of election materials in conjunction with our consultants who have expertise in election administration.
Employmnet Counseling and Litigation
The most valuable legal advice is that which prevents problems before they arise. The firm's practice model relies heavily on avoiding litigation through anticipatory advice and training, saving our clients the cost and disruption of lawsuits by employees.
Employers need a quick response from attorneys who know how to solve problems, not just recite the law. Our employment attorneys have extensive experience in virtually all aspects of public workplace law and the practical ability to apply the law and solve problems in a timely manner. Most of our attorneys have worked in the public sector and fully understand the practical and political realities that our clients face.
We are skilled at navigating the complicated web of employment laws, collectively bargained contracts, civil service rules, charter provisions, local codes and ordinances, and personnel rules that intersect in public employment. The types of matters on which we regularly advise employers include:
Discipline and discharge of employees, including assessing risk, advising on due process procedures, and reviewing or preparing documentation
Internal police investigations and discipline, including compliance with the Public Safety Officers Procedural Bill of Rights Act
Responding to claims of harassment, discrimination or retaliation
Managing the absent employee without violating the FMLA, CFRA, ADA, FEHA or the myriad of other leave laws
Managing employee performance
Implementing and enforcing drug and alcohol policies
Developing lawful hiring and background screening processes
Designing workplace violence prevention programs and managing incidents of violence or threatened violence, including obtaining restraining orders or injunctions
Drafting employment policies and employment manuals
Compliance with FLSA overtime standards, including exempt classification issues
Addressing budget shortfalls through personnel actions such as layoffs or use of contingent workers or retirees
RSHS also offers workplace training programs designed to increase management skill and expertise and thereby avoid costly mistakes. Our knowledgeable attorneys and consultants provide training on a broad range of issues including the following:
Preventing workplace harassment and discrimination, including AB 1825 supervisory harassment training
Conducting lawful and effective hiring processes
Employee classification and compensation
Managing absenteeism
Accommodating employee disabilities and religious beliefs
Performance management
Discipline and discharge
Conducting workplace investigations
Essentials of labor relations, including contract negotiations and administration
Employment Litigation Defense
When employment disputes arise, RSHS provides representation for employers and individual supervisors. Our approach to employment litigation is defined by three standards: quality, integrity and cost-effectiveness. If you want a lawyer who will bury the opposition with every discovery request and motion known to man, you need another law firm. If you want a law firm that engages in an immediate and objective assessment of the facts and law, identifies and pursues winning arguments and/or settlement opportunities, and files only those motions with the best chance of success, then we are the firm you want.
We have litigated extensively before state and federal courts, arbitrators, and administrative tribunals in virtually all aspects of public workplace law. Our attorneys have an impressive record of success at knocking out lawsuits on summary judgment. Where it is necessary to go the distance, we have skilled trial lawyers who are at home in the courtroom and in front of juries. Collectively, we have defended race, gender, sexual orientation, age, national origin, religion, and disability discrimination claims, harassment and retaliation claims, failures to accommodate, wrongful discharge suits, speech and whistleblower cases, defamation lawsuits, negligent hiring and retention claims, FLSA overtime suits, civil service terminations, and tenure denials. We also have several experienced appellate lawyers on our team.
Workplace Investigations
Our attorneys and consultants often perform independent workplace investigations. We are typically called upon to investigate especially sensitive issues such as complaints involving elected officials or matters headed toward litigation. Depending on the client's needs, we may staff an investigation with one of our attorneys, skilled human resource professionals, and/or private investigators.
Elder Abuse & Public Interest Litigation
Our affirmative litigation model was a vanguard approach to public sector litigation when Louise Renne and Jon Holtzman introduced it a decade ago in the San Francisco City Attorney's Office.
Ms. Renne, as San Francisco City Attorney, "reinvented" municipal law by filing class actions against tobacco, insurance companies, energy producers, national banks, gun and lead paint manufacturers and escrow companies. Organized by Ms. Renne, the suits embodied cooperative efforts by cities, counties, utility districts, and non-governmental organizations all working in concert with one another. This inter-jurisdictional cooperation achieved strength in numbers and enabled local governments to put a stop to fraudulent, harmful or deceptive practices that were against the public's interest. Under Ms. Renne's leadership, the San Francisco City Attorney's Office recovered more than $1 billion for California taxpayers.
At Renne Sloan Holtzman Sakai, LLP, we continue this effective model of affirmative litigation, representing and organizing public agencies, non-profit organizations and individuals in public interest and consumer protection litigation. Some of the litigation matters we are currently pursuing in the public's interest include:
Insurance Broker Abuse - Represent California public entities against the primary insurance brokers that serve California counties, schools, and cities and have used their positions of trust with their clients to obtain kick backs, improper fees, and benefits at the expense of their clients. [More information].
Elder Financial Abuse - Pursuit of multiple state and national class-action suits against insurance companies, a bank and "living trust mill" companies for the sale of inappropriate financial products to seniors. [More information].
Alcoholic Beverages Targeted At Minors - Writ action against the California Alcoholic Beverage Control Board alleging that it has misclassified "alcopops" - sweet beverages containing distilled alcohol - as beer, resulting in a $50 million annual loss to the state in tax revenue, and allowing these products to be far more accessible to teenagers, whom are their primary target.
Class Action Experience
Our firm's lawyers have a long history of serving as class counsel in complex public interest litigation and have achieved national recognition for the successful resolution of these cases. Some of the cases our attorneys have previously organized and lead include:
Representation of cities and counties throughout California in lawsuits against the tobacco industry to recover damaged incurred to local and state government. The lawsuits, later joined by the California Attorney General, recovered $25 billion, half of which now goes to California local government agencies. San Francisco's share of the recovery is estimated to be $585 million over 25 years.
Representation of over 300 California cities and counties in a False Claims Act whistleblower lawsuit against Bank of America. The lawsuit alleged that proceeds from as many as 14,000 bond issues valued at $100 billion and managed by the bank since the 1940s had been illegally retained by the bank. Local governments recovered $187.5 million in this lawsuit.
Representation of public agencies in a $50 million lawsuit against Old Republic Title, alleging that the company engaged in scheme to collect illegal interest payments on escrow accounts. Subsequently, the Department of Insurance initiated an investigation and the State Controller filed suit. The suit ultimately recovered $8 million for the City and County of San Francisco.
While serving as General Counsel for the San Francisco Unified School District ("SFUSD"), Ms. Renne uncovered a nation-wide scandal, known as the "e-rate" scandal, in which numerous technology vendors and computer consultants conspired to defraud a federal government program of millions of dollars intended for the purchase of computer equipment for public schools. As part of a settlement with one company, a total of almost $16 million was paid to the federal government, of which SFUSD received $3.3 million.
Representation of California cities and counties in a lawsuit which successfully prevented tobacco companies from targeting minors in advertising. The lawsuit, often referred to as the "Joe Camel" case, resulted in a settlement in which Camel agreed to cease advertising directed at minors.
In a case against a Fortune 250 company on behalf of SFUSD, recovered $43.1 million for SFUSD in a breach of contract and False Claims Act lawsuit.
Appellate Advocacy
In the appellate courts, a special combination of skills and knowledge are required to direct a case to a successful conclusion. Our firm possesses the highly developed research skills and the superior writing abilities required for this critically important practice area. Our attorneys have represented government clients at every stage of state and federal appeals, including before the United States Supreme Court, with a special emphasis on constitutional issues.
We are vigorous appellate advocates. We provide strategic counseling and a fresh examination of the client's litigation, and work collaboratively with trial counsel to ensure that the transition from the trial court to the appellate court is smooth.
The experience and versatility of our attorneys is revealed by the range of appellate matters they have handled. Our attorneys have successfully briefed and argued appeals involving First Amendment and other constitutional claims, disputes over the proper interpretation of state and local laws, administrative decisions and the relative constitutional authority of the local, state and federal government. In addition, our attorneys are retained to file amici curiae or "friends-of-the-court" briefs in appeals involving important local government issues.
Our attorneys are also experienced in representing public officials in writs of mandate actions seeking to require public officials to follow a specified course of action. Our attorneys have successfully defended the principle that local officials - not the courts - have the authority and discretion to make determinations on important matters of public policy.
Labor Relations and Labor Law
A Modern Approach to Labor Relations
RSHS represents all employers in all facets of labor relations.
Our approach melds the decades of experience of labor lawyers and non-attorney professionals, all of whom have had leadership positions in labor relations and personnel for public agencies. We are not just advocates; we are also colleagues with and advisors to labor relations and personnel professionals and their in-house attorneys in connection with labor relations, PERB processes, discipline, and grievance/arbitrations. Our negotiators have wide-ranging experience in impasse resolution procedures, such as mediation, fact-finding and interest arbitration. Throughout negotiations and impasse resolution process, our multi-disciplinary approach utilizes financial experts, operational experts, and, if necessary, effective public relations strategies to achieve workable settlements.
RSHS’ experience spans the entire spectrum of public and non-profit employees, including police and fire personnel, teachers, nurses, lawyers, other professional employees, white-collar employees, blue-collar employees and unionized management employees.
In addition, RSHS attorneys represent private sector employers interested in a progressive approach to labor relations, including those who work with public agencies and those who are seeking regulatory approvals.
Our services include:
Examples of our recent work include:
Positive Energy and Outstanding Teamwork
In both "interest-based" and "traditional" negotiations environments, we work closely with labor organizations with a focus on collegiality and productive problem solving. We strive to: build direct and honest relationships, establish trust, work with unions to agree on "the facts," and jointly develop options. This process helps labor and management reach the best solutions to complex problems.
We are not "hired guns;" we are team-builders. Our practice relies on strong teamwork and communication between firm personnel, client representatives, and elected officials, mindful of the political challenges of public sector labor relations. The unique synergy between our clients and firm personnel, coupled with respect toward unions and effective communication, help assure practical, economical and successful results.
Meeting the Special Challenges of Today’s Economy
Special challenges exist in the union-friendly environment in which we work. The union bug on our business cards reflects the respect we have for the role and work of unions.
However, a vexing problem exists for the representatives of public and non-profit agencies. In addition to paying labor costs, public and non-profit agencies must also fund the non-labor costs of many essential programs, such as public safety, public health, education, safe streets and neighborhoods, libraries, public works, supporting business development, clients in need, parks, recreation and other ongoing programmatic activities. To succeed in their missions, public and non-profit employers must strike a careful balance between labor costs - including ever-increasing costs of health and retiree benefits - and the costs needed to ensure the availability of essential services.
The severe financial limitations public and non-profit employers face day by day - not a motive to reap a profit - is what often underpins labor management conflict and misunderstandings. Our philosophy is that a truly "progressive" approach to public service and labor relations requires an appropriate balancing between labor and non-labor costs, rather than placing undue weight on one side of the scale or the other; it contemplates careful attention to the agency's overall financial condition, the agency's ongoing revenue stream, and the unmet needs of the agency's constituents.
For more information on our firm’s labor relations and labor law practice, please contact Jeff Sloan (415) 678-3806, or Charles Sakai (415) 678-3808
ADA Accessability Compliance
Although the Americans with Disabilities Act (ADA) has been in effect for nearly two decades, many public entities are not yet in compliance with ADA accessibility requirements. It is well-understood that the ADA prohibits discrimination against disabled workers who are able to perform essential job functions with or without reasonable accommodation. But many public agencies have not fully recognized and taken steps to abide by the affirmative mandate of ADA requiring that public facilities and services shall be accessible to persons with disabilities.
ADA claims inflict a particularly painful financial sting to public agency defendants. Attorneys’ fees in these cases can approach one million dollars. What’s more, unlike other forms of civil rights litigation, ADA requires defendants to pay plaintiffs’ attorneys fees not just if plaintiffs win, but also if they settle without a win.
Core ADA Accessibility Requirements
Under the accessibility provisions of ADA, public entities must ensure that their facilities, services, programs, activities and communications are accessible to persons with disabilities. To comply with ADA accessibility requirements:
Public entities must conduct a thorough self-evaluation of their facilities, services, policies, communications and practices to determine whether any modifications are required to make facilities, programs, communications and services accessible to persons with disabilities.
Once the self-evaluation process is complete, a public entity must adopt a transition plan, describing the alterations that will ensure accessibility and the timeline for completing such changes.
During the self-evaluation and transition plan processes, the public entity must obtain public input, particularly from disabled individuals and organizations that represent them.
To monitor its compliance with ADA’s non-discrimination and accessibility requirements, the public entity must designate at least one employee to act as its ADA Coordinator. That person (or persons) must promptly investigate and respond to ADA complaints.
A public entity must also adopt and publish a grievance procedure for the resolution of complaints alleging ADA violations. Training of employees regarding accommodation and accessibility under the ADA is also recommended in order to ensure employees are aware of the entity’s legal obligations.
Recent “Accessibility” Lawsuits
In recent years, many public entities have been the targets of ADA class action lawsuits:
In 2004, a class of disabled persons sued the City of Sacramento, alleging that its public sidewalks were inaccessible to the disabled. A settlement requires the City to allocate 20 percent of its Transportation Fund annually for 30 years to assure disabled access to pedestrian rights of way. The settlement also requires the City to submit semi-annual ADA compliance reports to an outside monitor for 3 years. As part of the settlement, the City had to pay $800,000 in plaintiffs’ attorneys’ fees.
In 2006, the City of Vacaville settled a similar lawsuit regarding pedestrian rights of way access. For up to 30 years, Vacaville must dedicate the equivalent of 5 percent of its annual gas tax revenue set aside for capital projects, or a minimum of $50,000 (whichever is greater) to an ADA fund that will be used exclusively to install compliant curb ramps and remove barriers to make pedestrian rights of way accessible to disabled individuals.
In 2005, the State Department of Parks and Recreation settled an ADA lawsuit alleging denial of access to state parks. Under the settlement, the Department committed to a comprehensive remedial transition plan. The settlement requires ongoing reporting of ADA compliance and monitoring by an outside monitor, over a period of 11 years. Plaintiffs’ attorneys’ fees amounted to $650,000.
A lawsuit is pending against the California Department of Transportation (Caltrans) to improve sidewalk access throughout the State for disabled persons. This lawsuit is the first of its kind to challenge sidewalk access barriers statewide
Disability Rights Advocates (DRA) have sued the City of Oakland for allegedly failing to adequately plan to meet the mass care and shelter needs of people with disabilities in an emergency. DRA is also soliciting public input regarding emergency preparedness for other cities throughout the state with respect to accessibility for persons with disabilities.
Moving Forward
ADA is one of the most important federal statutes governing employment and public accessibility. To fully comply with the letter and spirit of ADA and to avoid being a litigation target, be sure that your agency is abiding by the core ADA accessibility requirements listed above.
Contact Person
Our senior labor and employment counsel, Nikki Hall, is the firm’s point person on ADA accessibility compliance. You can reach her at (415) 678-3813 or nhall@publiclawgroup.com.
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