Steve Horan and Tom Riordan Participate in Win for California Charter Cities
Deborah Edgerly sued the City of Oakland, claiming her employment as the City Administrator was terminated in violation of Labor Code section 1102.5, which prohibits retaliation against employees who refuse to engage in conduct that violates state or federal law, or who report a violation of those laws. The laws that Edgerly relied on were the Oakland City Charter and various municipal laws. The trial court held those statutes were not sufficient to support a claim under Labor Code section 1102.5, and Edgerly filed an appeal.
The California League of Cities asked Steve and Tom to participate in the preparation of an amicus curiae brief supporting the City of Oakland, as the appeal raised an important issue for all California charter cities. Relying on the “home rule doctrine”, which recognizes the importance of allowing charter cities to govern themselves, the First District Court of Appeal held that the language of Labor Code section 1102.5 does not extend to charter city laws. The opinion may be downloaded below.
Porter Scott was pleased to lend a hand in developing precedent favorable to public entities