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TABLE OF CONTENTS CPER No. 180 (October 2006)

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Table of Contents Table of Contents    Features Public Employee Free Speech in the Wake of Ceballos  Martin Fassler Esq. K-12 Teacher Termination Hearings: Are They Worth the Cost?  Michael Blacher Esq.   Headliners Effects Bargaining Recognized, But 'Transactional Cost' Now in the Mix  Carol Vendrillo Editor Arbitrator May Rule on Legal Defense to Grievance  Katherine Thomson Associate Editor Higher Education Report: Chronicle v. U.C. Regents  Eric Borgerson Associate Editor   Recent Developments Public Schools     Public Schools 32 Is Villaraigosa’s Win LAUSD’s Loss? 33 Lawsuit Settlement Benefits Lowest-Performing Schools 35 ‘Dance of the Lemons’ Cut Short? 37 AFT Makes It a Three-Way Fight for Part-Time Teachers 38 No Funds for Non-Resident Students of Online Charter Schools Local Government     Local Government 39 Sacramento County Endures Two-Week Work Stoppage 42 Police Officer Disciplinary Records Are Confidential Under Public Records Act 47 Engineers and Architects Association Stages Two-Day Strike 48 Employment or Disability Income Nixes Reinstatement 50 Bill Broadens Record Inspection Rights of Court Employees Higher Education     Higher Education 63 Higher Education Report, by Eric Borgerson, Associate Editor 63 Chronicle v. U.C.: Limited Win for Newspaper, But Controversy Forces Reforms 69 Bill to Require Open Meetings Regarding U.C. Exec Pay 73 U.C. Launches New Compensation Reforms 75 Psychiatric Injuries Cannot Be Parsed for Compensability State Employment     State Employment 51 No Concessions by Highway Patrol Union 53 Statute Does Not Require Equal Raises for Supervisors, Rank-and-File Employees 56 Legislature Approves Seven More MOUs 59 Excluded Employees Given 3.5 Percent Increase and Lump Sum 60 Board Cannot Designate Second Exempt Position 60 PERB Counts Revocation Cards 61 Legislation Affects Atascadero Employees, Firefighters, Retirees, Park Rangers, and Computer Users Discrimination     Discrimination 78 McCrae Court of Appeal Not Dissuaded by Supreme Court Ruling in Yanowitz 81 California’s Unruh Act and Disabled Persons Act Do Not Include ADA Protections General     General 83 California Supreme Court Confirms At-Will Contract Public Sector Arbitration     Public Sector Arbitration 85 Parties Alleging Constitutional Violations Must Exhaust Administrative Remedies Before Filing Suit 86 Judicial Review Barred Unless Provided for in Arbitration Agreement 87 Workers’ Compensation Is for Workers, Not Employers Public Sector Arbitration Departments    Resources    Public Employment Relations Board Decisions

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