E103 Navigating Public Agency Investigations Conducted by Outside Counsel
Let’s Talk - Lozano Smith PodcastShow Notes
The decision of who conducts an investigation carries important legal implications and shapes how the process unfolds. In this episode, host Sloan Simmons is joined by Lozano Smith attorneys Trevin Sims and Kara Walton to explore how public agencies approach selecting internal, outside, and attorney investigators and how those choices can affect confidentiality and attorney-client privilege. The discussion covers disclosure decisions around how investigative findings are shared or released, and how those choices can affect whether information remains protected or subject to waiver. Join us as we examine practical considerations for managing investigations while balancing transparency, privilege, and related legal obligations.
Show Notes & References
1:39 – Selecting an investigator
3:55 – The process of retaining an attorney investigator
6:56 – Outside investigators and attorney-client privilege
8:05 – Who holds attorney-client privilege
10:05 – The pros and cons of intentional, partial waivers of attorney-client privilege and inadvertent disclosures which risk waiver of the privilege
13:28 – “Clawing back” disclosures (Ardon v. City of Los Angeles (2016) 63 Cal.4th 1 and Newark Unified School District v. Superior Court (Brazil) (2015) 239 Cal.App.4th 33)
14:15 – Releasing a Summary of Findings verses full disclosure of investigation report
17:06 – Complaints and litigation possibilities post-disclosures
17:33 – Uniform Complaint Procedures (UCP) and appeals to the California Department of Education (CDE)
18:10 – CDE requests for full disclosure of investigation reports
20:30 – Discrimination and harassment investigations (BP/AR 4030s) and appeals to California’s Civil Rights Division (CRD)
21:03 – Litigation and discovery requests for attorney-client privileged reports
23:26 – Investigations into employee misconduct and union requests for information (RFI)
26:23 – Requests for reports under the California Public Records Act (CPRA)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast
Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
More from Let’s Talk - Lozano Smith Podcast
When it comes to school and community college district projects, correctly classifying work as “maintenance” or “construction” can make or break your bidding and contracting process. In this episode, Lozano Smith attorneys Arne Sandberg and Andrea Olivarez join host Sloan Simmons to unpack the key distinctions between these two categories, how they impact contract structure and bidding requirements, and what your team needs to know about competitive thresholds and UPCCAA procedures. Whether you’re drafting a contract or preparing to go out to bid, this discussion offers essential guidance to ensure compliance and clarity.
In this episode, host Michelle Cannon engages with Lozano Smith Litigation Practice Group Co-Chair Sloan Simmons and Student Practice Group Co-Chair Kyle Raney to discuss the current state of the law in California under Mirabelli v. Bonta and Mahmoud v. Taylor. The discussion reviews developments and what is anticipated in the courts through the conclusion of 2026 in relation to these cases and parallel litigation, and covers best practices and policy options for school officials due to the current status of the law.
Public employees and officials have the right to participate in political activity, but important restrictions apply when personal advocacy intersects with public employment and agency resources. In this episode, host Michelle Cannon connects with Lozano Smith attorneys Scott Cross and Gail Zurek to discuss how public employees and officials can distinguish between permissible private political activity and conduct performed in an official capacity. The conversation explores campaign activity during work and personal time, the use of agency facilities and resources, political forums and campaign materials, and the rules governing uniforms, agency logos, and equipment. The discussion also examines how public agencies may provide neutral information about ballot measures without engaging in advocacy, along with restrictions involving campaign solicitations, political benefits, and the Levine Act.
California’s SB 848 introduces significant new requirements for educational agencies related to ensuring the safety of students. In this episode, host Michelle Cannon connects with Lozano Smith attorneys Carolyn Gemma and Brianna Ramos to discuss the background behind these new requirements and what educational agencies need to know as implementation continues. The conversation explores key changes, including new legal obligations regarding employment screening, comprehensive safety plans, mandated reports, and employee trainings. The discussion provides practical insights to help educational agencies understand the law’s various effective dates and take steps to maintain compliance moving forward.
California’s AB 126 introduces significant changes to charter school oversight and authorizer responsibilities. In this episode, host Sloan Simmons connects with Lozano Smith’s Charter Practice Group Co-Chairs, Ed Sklar and Erin Hamor, to discuss the background behind these reforms and what they mean for charter schools and authorizers. The conversation explores key changes, including expanded oversight requirements, enhanced fiscal monitoring obligations, fraud reporting responsibilities, and further clarifications to California’s Charter Schools Act. The discussion provides practical insights to help authorizers prepare through policy updates, strengthened protocols, and improved documentation practices.