Inside This Issue
–Interested in Joining CCEA?
–Training Opportunities
–Privacy Rights at Work
–May Anniversaries
Join us for our monthly snack talk to participate in the discussion.
Upcoming Snack Talk:
Thursday June 13th
12:00pm – 1:00pm
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
What are we doing well?
What can we do better?
Do you have ideas for Snack Talk topics?
Please submit your feedback to feedback@carlsbadcea.org
Anniversaries
May 2019
Scott Evans 05/01/1985 34
Joe Pimentel 05/04/1987 32
Zillah Johnson 05/24/1993 26
Susan Burke 05/07/1997 22
Andy Chang 05/17/1999 20
Shad Cotton 05/30/2000 19
Janean Hawney 05/06/2002 17
Jordan Peraino 05/05/2004 15
Mike Lichtenfels 05/28/2002 17
Pam Drew 05/02/2005 14
Kylee Seal 05/16/2005 14
Juan Ojeda Jr. 05/02/2005 14
Kamling Tsang 05/17/2005 14
Anthony Little 05/15/2006 13
Michael Collins 05/15/2006 13
Hugh Barker 05/15/2006 13
Conrad Avila 05/21/2007 12
Erin Peak 05/24/2007 12
Bonnie Crane–Sullivan 05/19/2008 11
Jamie Somera 05/04/2009 10
James Jones 05/02/2011 8
Ashleigh Hvinden 05/07/2013 6
Christopher Cunningham 05/20/2013 6
Tam Tran 05/04/2015 4
Brandon Tiongison 05/14/2015 4
Esther Lan 05/10/2018 1
Esteban Danna 05/14/2018 1
Torrey Wolf 05/21/2018 1
Kevin Gohres 05/21/2018 1
Jaime Santiago 05/29/2018 1
