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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Legal Pro 54----I asked a question regarding a case I have

Resolved Question:

Legal Pro 54----I asked a question regarding a case I have against my employer the Police Department that was being investigated by the DFEH and EEOC. The initial DFEH investigation is over . The investigator who did nothing I advised him to do and basically made a couple phone calls came up as inconclusive or not founded. The Police, my employer, FLAT OUT LIED, regarding knowledge of my use of Prozac. I know for A FACT there was a comitee meeting with the high ups of the department. I know the date and roughly the time. I'm told anything of this level should have meeting minutes and my lousy DFEH investigator never attempted to get these minutes. To me this is crucial evidence if it still even exists and the department has denied and lied about it twice. On the job however they are suddenly very nice and almost afraid of me... you can tell a lot by peoples behavior. My question is this... since so much of my case I believe is based on that evidence do I have to go through the entire process of filing a lawsuit to obtain it... can I simply just have an attorney subpoena it to find out if it even exists before going through the whole process. At this point maybe they just destroyed it? Also I plan to appeal my DFEH finding and I still have the EEOC as back up. It has been difficult to find an attorney to take this on contingency.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Gene,

I remember your previous inquiry from a few months ago and I'm sorry to hear that things have not turned out well for you in these preliminary stages.

With regard to your specific question, California's Brown Act and Public Records Act would most likely require that the committee meeting be recorded and divulged to you upon request.

Here is a link to the relevant law: http://www.dmv.ca.gov/pubs/vctop/appndxa/gov/gov6253.htm

While the records you request must be described with specificity, you need not know the exact date on which the committee meeting occurred--you can describe the records you are seeking on the basis of the anticipated content. California First Amendment Coalitiion v. Superior Court 67 Cal. App. 4th 159 (1988).

See here for more information about public records requests of this kind: http://www.calaware.org/programs/Top10CPRA%28booklet%29.pdf

I would submit the request in writing as soon as possible, citing Gov. Code section 6253 as reference.

Again, please feel free to let me know if you have any further concerns and I will do everything I can to assist you further if necessary.

Best regards.
Customer: replied 1 year ago.
Thanks. I have reviewed the links and will do so again but I'm not sure i made it clear exactly I needed soni will back up. I have worked part -time for the police department in a civilian capacity for 11-years. I was well liked and tested for the fully sworn POLICE OFFICER Job and offered a conditional offer of employment as a trainer. However it was contingent on my final Psych EVAL. In the psych EVAL (non confidential due to its nature) I revealed I take a small dose of Prozac an have for 15 years. The Psychiatrist was shocked. however she didn't DQ because she put it back in the departments hands. I know this because they lied to me twice and I KNOW had a COMITTEE meeting with only high ups CHIEF, CITY ATTORNEY, my background investigator wa left out and furious. It was confidential due to its nature but low and behold the department turned on me. I sensed it right away that though they could not fire me they wanted to. this was very evident a year and a half later which is what my case with DFEH is about they passed up on me not once but twice for candidates far less qualified. Hence te first was fired for being drink on the job( something he had done in the past and the second has had his probation extended because I poor performance. This is uncommon. my situation now is I still work the job, the department seems scared of me, they are LYING about my disqualification from police officer in 2009, something I never disputed and was fine with. The most recent c which. I would prefer a clean settlement to move on with my life..... Other then a lawsuit and my follow up with DFEH appeal an EEOC---- should I remain on the job? There were subtle forms of retaliation but that has stopped. Sorry it is a complicated mess but the department ha proved they will take this the whole 9-yards. I's this a common tactic with a small well funded police department? Do you honestly think I could get ahold of those confidential meeting minutes that I know occurred ?
Expert:  Patrick, Esq. replied 1 year ago.
Thank you very much for your reply.

First, I am very sorry for calling you by the wrong name. I'm not sure how I made that mistake but I sincerely apologize. You raise a number of followup questions so please allow me to break them down and address each as follows:

Other then a lawsuit and my follow up with DFEH appeal an EEOC---- should I remain on the job?

Here on Just Answer we cannot provide actual legal advice, only legal information, so I cannot tell you what to do. What I can say, however, is that quitting would seem not to serve any useful purpose. While an individual in your circumstance would have a claim for loss of earnings if you could demonstate that you were fired in retaliation for bringing your disicrimination claim, you would have no such claim if you quit.

I's this a common tactic with a small well funded police department?

Discrimination suits tend to be fought very hard, so what you are describing is not uncommon at all, unfortunately.

Do you honestly think I could get ahold of those confidential meeting minutes that I know occurred ?

Most likely yes. The Public Records Act provides that the public agency denying a request for public records has the burden of providing an actual legal justification for the denial. The burden falls on them, not you. If you make a request and they cite a statutory basis for denying it, come back here and let me know what their basis is. I'd be happy to look into it for you at no additional charge.

The other option, of course, is to actually file suit and obtain the records through the discovery process. If you are confindent these records exist, then maybe this is the way to go. The worst case scenario is likiely that the records don't exist and you file a motion to have your case dismissed if you don't wish to proceed further.

Again, please let me know if I can be of any further assistance to you. If I have answered your question for the time being, I would be extremely grateful if you'd take a moment to rate my service.

Good luck moving forward.
Patrick, Esq., Lawyer
Satisfied Customers: 6794
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Expert:  Patrick, Esq. replied 1 year ago.
Alexander,

Here is a sample public records request which you may find useful: [url[http://firstamendmentcoalition.org/public-records-2/sample-cpra-request-letter[/url]

Again, I am very happy to address any followup questions you may have. If this addresses your concern, please remember to provide a positive rating of my service, as this is the only way I am credit for assisting you.

Good luck.

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