Administration
The scope of administrative representation provided by Timothy M. Cary & Associates consists of advising school boards and school district personnel of their rights and obligations as public school district representatives and decision-makers. Our attorneys are highly experienced in dealing with issues arising under various provisions of the California Government Code, including board relations and conflict of interest issues, the Brown Act and Public Records Act. We assist many agencies by interpreting and complying with these laws by drafting legal opinions, drafting agendas and remaining involved in the entire public meeting process to ensure compliance with these complicated areas of the law. For example, our attorneys frequently advise public agencies as to what personnel and administrative issues may be discussed in closed session as specific situations arise. Further, we stay abreast of changes in the law and develop and revise board policies to keep our clients up-to-date and legally protected. Many of our attorneys also have experience advising and litigating issues arising under the Public Records Act and the Tort Claims Act.
Employment and Labor
Our firm handles all aspects of employment law claims and policies. We advise clients on specific situations arising from claims of discrimination or unfair labor practices. Our attorneys regularly negotiate and interpret collective bargaining agreements on behalf of our school district clients. For more information please see our Employment Law practice section.
Student Rights and Discipline
Student rights and discipline covers a wide range of legal fields, from knowledge of the Education Code and Code of Regulations to the constitutional protections implicated in schools such as privacy rights and free speech issues. The attorneys at Timothy M. Cary & Associates are knowledgeable and experienced in advising clients regarding the wide range of student rights and discipline issues. In addition to advising clients as particular student rights or discipline situations arise, our attorneys also draft and revise board policies as well as represent districts when they face investigation or complaints by the Office for Civil Rights or California Department of Education for student issues. Our comprehensive knowledge in this area is a great asset to our school district clients.
Negotiations
Timothy M. Cary and Paul J. Hamill are skilled labor negotiators and regularly negotiate with collective bargaining units on behalf of a number of school district clients. Both Mr. Cary and Mr. Hamill have successfully negotiated dozens of difficult labor negotiations issues and impasse situations. Our attorneys represent our clients before all courts and state and federal agencies with jurisdiction over labor disputes.
Litigation
All attorneys at Timothy M. Cary & Associates have litigation experience, and are well versed in all aspects of pre-trial civil litigation. While it is often the best result to settle disputes privately and quickly, it is imperative to be prepared for litigation if situations cannot otherwise be reasonably resolved. This is why every attorney in the firm is experienced and knowledgeable about civil litigation, including civil procedure and rules of evidence. It is our firm belief that even benign situations should be handled as carefully as if they are destined for litigation so that our clients are never exposed to any unnecessary risk that such foresight would prevent.
Special Education
Our attorneys regularly advise our school district clients regarding issues with special education students, including Section 504 plan determination and implementation, and IEP student identification and implementation.
Charter Schools
Our firm has extensive experience handling charter school applications, implementation, regulation and revocation for our school district clients. Charter schools have become an increasingly popular alternative to traditional education. School districts are frequently faced with a number of issues in the ordinary course of considering approval of the formation of a new charter school. Our attorneys assist our clients in this process and also assist our clients when charter school responsibilities include oversight and revocation issues.
School Facilities
Timothy M. Cary & Associates has experience and expertise in public entity land acquisition and school construction. We regularly advise clients on issues pertaining to prevailing wage law, competitive bidding requirements, construction contract drafting, administration and interpretation, real property acquisition, public facilities construction and state funding requirements.
Our attorneys are able to advise a public school district on a school facilities project from start to finish. We have drafted countless purchase and sale agreements, escrow agreements and letters of intent. Our attorneys and staff have ensured compliance with public notice and bidding requirements, and have assisted in creating and executing numerous joint use agreements. Attorneys in our firm have also negotiated and drafted developer fee mitigation agreements and requests for stated allocated funds for school construction and modernization to fund much needed school projects. During school projects, our attorneys are able to resolve construction project issues such as change order claims, liquidated damages claims and scope of work issues.
Municipal & Public Agency Law
Our firm has represented a number of municipal agencies, frequently advising them regarding the unique obligations that apply only to public entities. For instance, our attorneys are well versed in the requirements of the Brown Act’s open meeting laws as well as the California Public Records Act’s disclosure requirements. Many of our attorneys have decades of experience conducting employee disciplinary investigations and proceedings, as well as representing our public entity clients before public hearing officers and other administrative processes. Due largely to our vast experience with public entity law, we are often able to provide clients on-the-spot answers to their pressing legal concerns.
