S7 E1 | Standing Up for Officer Privacy Rights

Episode 75 of the On the Job with PORAC podcast, hosted by PORAC, titled "S7 E1 | Standing Up for Officer Privacy Rights" was published on April 17, 2024 and runs 21 minutes.

April 17, 2024 ·21m · On the Job with PORAC

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Summary

In today’s episode, Brian Marvel sits down with Tim Talbot of the RLS Law Firm and David Mastagni of Mastagni Holstedt Law Firm to discuss a significant legal victory in the realm of law enforcement rights and privacy. 00:00 - Overview of the Racial and Identity Profiling Act (RIPA) 03:30 - Filing the Injunction & Aftermath 05:20 - Officer Privacy Double Standard? 08:15 - Other Agencies Involved 10:44 - Recruitment & Long Term Affect 13:10 - Where Litigation Sits Now ● Overview of the Racial and Identity Profiling Act (RIPA) regulations that force peace officers to disclose their gender identity when reporting the outcome of a traffic stop. ● The attorneys who successfully fought against these regulations shed light on the implications of overreaching Department of Justice policies on law enforcement professionals and the LGBTQ+ community. ● The RIPA gender disclosure requirement contradicts the privacy standard AG Bonta declared regarding school teachers and parent notifications of a student's gender identity. ● Implications for officers and how the regulations infringe upon the constitutional rights of peace officers, particularly their right to privacy as well as violate California’s civil rights law and the Fair Employment and Housing Act. ● The impact on recruitment and retention efforts within the law enforcement profession as well as other potential long-term consequences. ● Explanation of the legal intricacies surrounding PORAC’s temporary restraining order (TRO) against the DOJ and pending settlement and next steps in the legal process. ________________________________________ Connect with Host Brian Marvel ● https://www.facebook.com/Brian.R.Marvel ● https://twitter.com/BrianMarvel ● https://www.linkedin.com/in/brianmarvel/ Guest Bio - Timothy K. Talbot Timothy K. Talbot is a principal at Rains Lucia Stern St. Phalle & Silver, PC (“RLS”). He serves as RLS’s co-managing principal, responsible for all firm operations. In addition, he manages the firm’s Sacramento office and is a member of the Collective Bargaining Practice Group. Tim has practiced labor law for more than 25 years. He specializes in representing and advising labor organizations in all aspects of traditional labor relations, including contract negotiations, grievances, unfair labor practices, bargaining unit certifications and modifications, mediation, and arbitration. Tim also represents individual peace officers, firefighters, paramedics, and other employees in disciplinary matters, internal affairs investigations, critical incidents, Department of Energy security clearance investigations and hearings, and professional licensure matters. Connect and learn more about Tim and RLS: https://www.linkedin.com/in/timothy-talbot-a84277250/ https://rlslawyers.com/ Guest Bio - David E. Mastagni David E. Mastagni is a partner with the Labor Department of Mastagni Holstedt, APC. He specializes in labor and employment law representation, including trial and appellate litigation in California and federal courts. David is also an experienced PORAC Legal Defense Fund panel attorney and is admitted in U.S. District Court, Southern, Eastern, Northern, and Central Districts of California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court. David devotes his legal career to labor and employment litigation, with an emphasis on representing public safety representatives and their members in all aspects of their employment. Connect and learn more about David and Mastagni Holstedt, APC: https://twitter.com/DavidEMastagni https://www.linkedin.com/in/mastagni/ https://www.mastagni.com/ ________________________________________ Resources: PORAC Press Release: Court Grants Temporary Restraining Order Halting Forced Gender Identification Requirements for California Peace Officers LGBTQ Nation: California judge blocks new rule that would forcibly out trans police officers San Francisco Chronicle: Judge halts new California law requiring pol

Episode Description

00:00 - Overview of the Racial and Identity Profiling Act (RIPA)

03:30 - Filing the Injunction & Aftermath

05:20 - Officer Privacy Double Standard?

08:15 - Other Agencies Involved

10:44 - Recruitment & Long Term Affect

13:10 - Where Litigation Sits Now

● Overview of the Racial and Identity Profiling Act (RIPA) regulations that force peace officers to disclose their gender identity when reporting the outcome of a traffic stop.

● The attorneys who successfully fought against these regulations shed light on the implications of overreaching Department of Justice policies on law enforcement professionals and the LGBTQ+ community.

● The RIPA gender disclosure requirement contradicts the privacy standard AG Bonta declared regarding school teachers and parent notifications of a student's gender identity.

● Implications for officers and how the regulations infringe upon the constitutional rights of peace officers, particularly their right to privacy as well as violate California’s civil rights law and the Fair Employment and Housing Act.

● The impact on recruitment and retention efforts within the law enforcement profession as well as other potential long-term consequences.

● Explanation of the legal intricacies surrounding PORAC’s temporary restraining order (TRO) against the DOJ and pending settlement and next steps in the legal process.

________________________________________

Connect with Host Brian Marvel

● https://www.facebook.com/Brian.R.Marvel

● https://twitter.com/BrianMarvel

● https://www.linkedin.com/in/brianmarvel/

Guest Bio - Timothy K. Talbot

Timothy K. Talbot is a principal at Rains Lucia Stern St. Phalle & Silver, PC (“RLS”). He serves as RLS’s co-managing principal, responsible for all firm operations. In addition, he manages the firm’s Sacramento office and is a member of the Collective Bargaining Practice Group. Tim has practiced labor law for more than 25 years. He specializes in representing and advising labor organizations in all aspects of traditional labor relations, including contract negotiations, grievances, unfair labor practices, bargaining unit certifications and modifications, mediation, and arbitration. Tim also represents individual peace officers, firefighters, paramedics, and other employees in disciplinary matters, internal affairs investigations, critical incidents, Department of Energy security clearance investigations and hearings, and professional licensure matters.

Connect and learn more about Tim and RLS:

https://www.linkedin.com/in/timothy-talbot-a84277250/

https://rlslawyers.com/

Guest Bio - David E. Mastagni

David E. Mastagni is a partner with the Labor Department of Mastagni Holstedt, APC. He specializes in labor and employment law representation, including trial and appellate litigation in California and federal courts. David is also an experienced PORAC Legal Defense Fund panel attorney and is admitted in U.S. District Court, Southern, Eastern, Northern, and Central Districts of California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court. David devotes his legal career to labor and employment litigation, with an emphasis on representing public safety representatives and their members in all aspects of their employment.

Connect and learn more about David and Mastagni Holstedt, APC:

https://twitter.com/DavidEMastagni

https://www.linkedin.com/in/mastagni/ https://www.mastagni.com/

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Resources: