Generally, anyone who works for any local, state, or federal government, agency, department, or board is employed in the public sector. School districts, transit authorities, police and fire departments all fall under the umbrella of the public sector. Employees in these positions have rights, and privileges that generally do not exist in the private sector. The attorneys at Adams, Stepner, Woltermann, & Dusing, PLLC help guide our public sector clients through issues involving matters such as pre-deprivation and post-deprivation termination hearings; tribunals; mandatory disciplinary procedures, such as the Policeman Bill of Rights; civil service laws; First and Fourteenth Amendment considerations; and whistle-blower claims.
Public sector employers are generally subject to Open Records laws. We frequently provide legal advice to our clients in responding to all manner of Open Records requests in Kentucky, Ohio, and Indiana. We counsel our clients as to not only what is subject to disclosure, but the manner in which it is disclosed, and the exemptions which operate to protect confidential information. We regularly litigate Open Records disputes in Court.
We also alert our public sector clients as to the proper expenditure of monies for employee fringe benefits and bonuses. Public employers’ discretionary spending is limited by state and federal statutes, and state and federal constitutional provisions. We assist our clients by keeping them apprised of the requirements of these laws, and notifying them when there are changes in these laws. We also help draft, formulate, and implement personnel policies and procedures, and procurement policies and procedures that are consistent with the various local, state, and federal regulations and laws, and the court decisions interpreting them.
Finally, our attorneys are knowledgeable of the intricacies of the various laws of governmental immunity which shield both public sector employers and employees from civil tort claims seeking monetary damages asserted by third persons. If you as a governmental employer are facing litigation, or threatened litigation, we will guide you through the litigation; assert on your behalf all of the defenses that uniquely apply to you as a public sector employer. Because of our experience in this area, and our ambitious, proactive case management, most of the litigation that we defend on behalf of public sector employers is dismissed without even having to reach a jury.