AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Privatization of Public Safety Functions
A union representing
certain California county employees sued, claiming that the county's Community
Development Commission did not have legal authority to enter into a contract
with a private company to carry out housing inspection service formerly
conducted by public employees. The Commission was free to contract with
private entities. Applicable state statutes provided no impediment. Service
Employees International Union v. County of Sonoma, #A138637, 227 Cal. App.
4th 1168, 2014 Cal. App. Lexis 605.
Appellate court enjoins privatization of a county jail because it would impair obligations arising under the collective bargaining agreement with the employees. State supreme court vacates the injunction, pending a final appeal. Delaware Co. Prison Empl. Union v. Del. Co. Pa., 671 A.2d 1202, 1996 Pa.Cmwlth. Lexis 62. [1996 FP 124]
ABOLITION OF AN AGENCY
-- COLLECTIVE BARGAINING ISSUES:
State university was in violation of the bargaining agreement in proposing to abolish its police force and contracting with city for police services. W. Wash. Univ. v. Feder. of St. Empl., 793 P.2d 989 (Wash. App. 1990).
Town did not like bargaining with FOP, so it abolished the police dept. and contracted with the sheriff for patrol services. Federal and state courts rule this was an unfair labor practice and a violation of the federal civil rights act. Healy v. Pembroke Park, 643 F. Supp. 1208 (S.D. Fla. 1986).
INTERGOVERNMENTAL CONTRACTUAL LAW
-- ENFORCEMENT/FIRE SERVICE:
Reform mayor and councilmen could abolish police dept. and contract with county for law enforcement protection. Farnsworth v. Town of Pinedale, 968 F.2d 1054 (10th Cir. 1992). [1993 FP 35-6]
Mutual aid laws allow transfer of control to another department. Effinger v. Fern Creek Vol. Fire Dept., 564 S.W.2d 847 (Ky. 1978).
Ohio city could abolish its police dept. and contract for law enforcement services from the county sheriff. State ex. rel. OCSEA v. City of Coshocton, 448 N.E. 834, 5 Ohio App.3rd 5.
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