Interested in Joining the CCEA? 
By: Hallie Thompson, CCEA Vice President

We need you! For no more than a couple hours a
week, you can participate in CCEA. We are all
volunteers, and could always use help, such as
researching specific topics, planning CCEA events, or
improving our outreach and communication to our
members.

If you’re interested, talk to your representative, or
send an email to officers@carlsbadcea.org.
We hope to hear from you!

Privacy Rights at Work    
By: Jim Cunningham, General Counsel, Cunningham & McLean APC  

Can the city monitor and access my emails? Can the city search my car or desk at work ? Does the city have a right to know about my medical conditions? The answer is…it depends.

The U.S. Constitution 4th amendment provides the right to be secure in persons, houses, papers and effects against unreasonable search and seizures. California Constitution: Article 1 Section 1, provides that inalienable rights include the right of privacy.

Cell Phone / Emails/ Text Messages/ Social Media: 
The Courts have held that there is generally no expectation of privacy on employees phones and computers if they are owned by the employer and provided to the employee for work purposes. That includes password protected private accounts that are accessed using company devises. Alternatively, the city cannot monitor or request content from your own phone or computer without your permission, a subpoena or a court order. The sending of inappropriate emails, texts or social media posts on city owned equipment may subject the employee to discipline. Remember, despite privacy settings, social networking is not private.

Cars/ Purses/ Locked Draws/ Lockers: 
Employees do maintain an expectation of privacy for their personal property on and off the job. For example the city is precluded from searching your purse or your car absent your permission, a subpoena or court order. If the city provides you a locked drawer or locker to store and protect your personal property, under most circumstances, the city cannot access those locations without your permission.

Medical diagnosis or records: 
Generally, the city has no right to know or question you about any diagnosis or medical condition. That includes knowing why you are off of work sick unless you are requested to bring in proof of a medical doctor’s visit under the MOU. When requesting a medical certification for a leave of absence under the California Family Rights Act, the city should not request any medical facts relating to the employee’s condition. Similar restrictions apply to fitness-for-duty and other medical testing.

Medical records relating to workers’ compensation claims, health insurance claims, and disability/medical leaves must be kept in a secure location that is accessible only to designated staff members. Supervisors are precluded from accessing the employees’ medical records or questioning them about a medical condition without the employees’ expressed permission and a written authorization that meets stringent legal guidelines.

In workers’ compensation proceedings, the employer’s insurance carrier or a third party administrator often receives medical information about an employee (including deposition transcripts and medical reports). Cal. Labor Code § 3762 (c) forbids the disclosure of such information to the employer, except as to the diagnosis of the condition for which workers’ compensation is claimed or treatment is provided and information needed to modify the employee’s work duties.

Comment:  Although your privacy rights while at work have some limitations ( i.e. using city computers ) the protections in the US and California constitutions protect the same privacy rights whether you are at work or at home.

Jim Cunningham, is CCEA’s General Counsel and partner in the law firm of Cunningham and McLean, a workers compensation and injury firm. www.CunninghamMcLeanlaw.com 

Training Opportunities

CSUSM Excel Training
Tuesday June 4th
Tuesday June 11th

CSUSM Word Training
Tuesday June 4th
Tuesday June 11th

Positive Leadership Training
Thursday June 6th
Wednesday June 12th

Experience Carlsbad Bus Tour
Thursday June 13th

Mental Health Training
Tuesday June 18th
Tuesday June 25th

ICMA Social Security
Tuesday June 18th

10 Steps to Financial Success – SDCCU
Wednesday June 26th

Yoga

Every Wednesday & Friday

Emily Guinaugh
(760) 602-2436
emily.guinaugh@carlsbadca.gov

CCEA Board Members

Tye Gillespie President
Hallie Thompson Vice President
Marie Ashe-Nutter Treasurer
Mayra Turchiano Secretary
Allison Dietrich CED
Terry Ennis Public Works: Transportation
Daisy Hernandez Public Works: GFE
Tom Vega Public Works: Utilities
Allen Edwards Housing & Neighborhood Services, Policy & Leadership, and Safety 
Eric Smith Parks 
Rosario Aranda HR, IT, and Finance
Bonnie Crane -Sullivan Library & Recreation 
Tammy McMinn At-Large

Anniversaries

May 2019