Penelope (Penny) R. Glover is Senior Counsel in Lozano Smith's Walnut Creek Office and chair of the firm's Technology & Innovation Practice Group. Ms. Glover’s practice is also focused on the Labor & Employment and Student aspects of public agency law. Ms. Glover frequently advises public agencies on issues of employment, labor negotiations, technology use, liability, and student discipline, and she regularly conducts independent investigations into alleged claims of misconduct, technology misuse, and unlawful discrimination.
She handles cases involving certificated and classified discipline, leaves of absence, unfair practice charges, contract grievances, and disability accommodations. She assists clients with training human resources professionals, supervisors, and employees about investigating, responding to, and preventing harassment, bullying, discrimination, and technology misuse. Ms. Glover develops and implements technology policies and practices consistent with current law, new legislation, and changing technologies. She also provides clients with training and insight into legal issues facing free speech, privacy, safety, ethics, security, and copyright.
Ms. Glover received her Juris Doctor degree from University of Colorado School of Law. She earned her Bachelor of Arts degree in English and German from Texas Tech University.
In Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al., the United States District Court for the Southern District of New York ruled that President Donald J. Trump's act of blocking Twitter users who criticized his policies from the @realDonaldTrump Twitter account violated the users' right to free speech. The court recognized Twitter's "interactive space" as a "designated public forum" based on the President's use of the forum as...
Do citizens care about privacy anymore? If they don’t, must our public agencies nonetheless protect it? These are questions with answers complicated by the accepted expansion of technology into our personal lives and institutions. Even so, most of us maintain some privacy boundaries. We don’t want our data hacked or our identity stolen, and some of us don’t want to be tracked, monitored, or subjected to targeted marketing. Yet, when we download ...
Today’s parents face tough questions when it comes to their children’s use of technology: Is my child being tracked by malicious or harmful cookies? Could my child’s personal information become public? Could this technology expose my child to pornography or other harm? Parents are understandably cautious about their children using technology: Student privacy matters.
Parents entrust schools with monitoring and controlling their children’s use of education tech...
A new law will restrict the public disclosure of video and audio recordings created during the commission or investigation of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate
body part, or voice of a victim of the incident. Assembly Bill (AB) 459 goes into effect on January 1, 2018.
The California Public Records Act (CPRA) requires public agencies to respond to a records request within 10 days, and to make eligible...
An arm of the U.S. Department of Education is warning schools and colleges to prepare themselves to address a new threat from cyber criminals hacking into schools' data systems.
On October 16, 2017, the Department's Federal Student Aid office (FSA) warned that cyber criminals attempted to extort money from school districts in Texas, Montana and Iowa by threatening to publicly release sensitive student information. According to news reports, the hacker or hackers,...
When WikiLeaks published more than 20,000 leaked Democratic National Committee emails in the heat of the 2016 presidential election, political journalist Olivia Nuzzi famously tweeted that one should “Dance like no one is watching; email like it may one day be read aloud in a deposition.”
Nuzzi’s adage has long been true for public agency officials and employees, whose work communications are generally a matter of public record. But the California Supreme Court’...
In our technology-driven world, a California Public Records Act request typically seeks some form of electronic communication or record created using a computer and software program. Frequently, an agency’s response is to send an email attaching the requested record if it is not otherwise exempt from disclosure. Public agencies must be careful when responding to these requests. Without taking adequate precautions, this common response may actually reveal hidden electronic data, calle...
This article was featured in the Spring 2017 Issue of Lozano Smith's TIPJar
Technology offers a seemingly boundless array of opportunities: It can provide targeted learning to students with diverse abilities, make instruction available to anyone with a computer and an Internet connection, and aid law enforcement efforts to safeguard communities. But this virtual bounty and the constant change it imposes also creates many challenges, some obvious, others difficult to discern. Frequently, th...
Armed with the understanding that Social Security numbers are the piece of information most used by criminals perpetrating identity thefts, the California legislature has barred local education agencies from collecting them.
Effective January 1, 2017, Assembly Bill (AB) 2097 modified section 56601 of the Education Code to prohibit school districts, county offices of education and charter schools from collecting or soliciting Social Security numbers or the last four...
Governor Jerry Brown considered several bills this legislative season that impact the rights of public employees and their employers. In this first part of a two-part series, Lozano Smith examines four new laws with the greatest potential impact on public employers in 2017, plus two major bills the Governor vetoed.
Assembly Bill (AB) 1918: County Offices of Education May Issue Temporary Certificates to Teachers Working in Nonpublic Schools while their Credential...