Buchalter Represents the City of Hermosa Beach in Appellate Victory

Partner Jennifer Misetich secured a published appellate victory for the City of Hermosa Beach in what concludes many years of litigation involving the City’s termination of a police officer for refusal to comply with the City’s now-no-longer-existing COVID 19 vaccination policy.

The California Court of Appeal affirmed summary judgment for the City and most notably, the Court certified its POBRA analysis for publication, agreeing with Jennifer’s argument that the officer’s termination was based on his failure to satisfy an employment qualification and was not “punitive action” subject to POBRA. The published decision holds that POBRA does not apply to a vaccination requirement imposed on all employees as an employment qualification.