Marisa Lincoln is a Partner in Lozano Smith's Walnut Creek office. She has experience working with school districts, community colleges, and county offices of education with an emphasis in personnel/labor relations and charter school law. Ms. Lincoln is one of the firm's specialists in the area of classified and certificated personnel matters. Ms. Lincoln's experience includes:
- Advising and representing clients with regard to employee discipline including termination proceedings
- Advising and representing school districts and county offices of education in certificated layoff hearings and classified layoffs
- Drafting responses to EEOC and DFEH complaints
- Drafting responses to unfair practice charges before PERB
- Advising clients with regard to scope of bargaining and contract management issues
- Conducting complex investigations on behalf of school districts and community colleges related to claims of sexual harassment, discrimination, wrongful termination, and various other complaints
Further, Ms. Lincoln's extensive experience with charter schools includes:
- Reviewing and analyzing petitions on behalf of school districts and county offices of education
- Advising charter school authorizers with regard to oversight and monitoring issues
- Analyzing charter school renewal petitions
- Drafting agreements and memoranda outlining respective charter school and charter authorizer obligations
- Processing Proposition 39 requests for facilities and negotiating facility agreements
- Advising charter school authorizers with regard to charter school revocation issues
- Advising school districts and county offices of education in drafting charter school petitions
Ms. Lincoln also advises on general education law matters, including: Brown Act open meeting laws, conflict of interest, FERPA and student confidentiality, student discipline and expulsion, and Public Record Act requests.
Ms. Lincoln is a frequent workshop presenter on topics such as: employee discipline matters, charter school issues, AB 1825 sexual harassment, technology-related personnel matters and Brown Act training for new Board members.
Ms. Lincoln earned her J.D. from University of the Pacific, McGeorge School of Law. She earned her B.A. (cum laude) from California State University, Sacramento.
Ms. Lincoln was named by Super Lawyers Magazine
as a 2013 Northern California "Rising Star," a designation only given to less than two and a half percent of lawyers in the state.
Governor Brown recently signed into law Assembly Bill (AB) 1611, effective January 1, 2015. AB 1611 amends Government Code section 3543.2 to require public school employers to provide "reasonable written notice" to an exclusive representative of the employer's intent to make any change to matters within the scope of representation. The purpose of the written notice is to provide the exclusive representative "a reasonable amount of time to negotiate" the proposed cha...
In Sanchez v. Swissport Inc. (2013) 21 Cal.App.4th 1331, the California Court of Appeal considered a case of first impression regarding the interplay between pregnancy disability leave under the state Pregnancy Disability Leave Law (PDLL) and leave that may be granted to an employee as a reasonable accommodation pursuant to the California Fair Employment and Housing Act (FEHA). Specifically, the Court held that an employee who has exhausted her four-month entitleme...
With the passage of Proposition 30 by voters in November 2012, many school districts are in a position where they may avoid certificated layoffs. In order to achieve this result, school districts may be planning to release all temporary certificated employees when their temporary employment agreements expire at the end of the 2012-2013 school year. In light of the Stockton Teachers Association v. Stockton Unified School District decision issued last year, administra...
On September 12, 2012, Governor Jerry Brown signed into law Assembly Bill (AB) 340, a bill which enacts the much anticipated California Public Employees' Pension Reform Act of 2013 (PEPRA). The intent of the bill is to save the State tens of billions of dollars over the next 30 years by capping retirement benefits, increasing retirement age, and implementing other measures meant to stop retirement benefit abuse.
PEPRA is of special interest to educational entit...