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Jenell  Van Bindsbergen

Partner | Fresno

More from Jenell  Van Bindsbergen

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More from Jenell  Van Bindsbergen

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More from Jenell  Van Bindsbergen

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jvanbindsbergen@lozanosmith.com
Tel: 559.431.5600
Fax: 559.261.9366
Vcard   | Bio

Overview

Jenell Van Bindsbergen is a Partner in Lozano Smith's Fresno office and co-chair of the firm's Municipal Practice Group. In addition to local government and labor and employment issues, she is also experienced with matters relating to the Americans with Disabilities Act, Family and Medical Leave Act, Pitchess motions, OSHA matters, code enforcement, harassment, and discrimination issues, layoffs, administrative and court trials for certificated, civil service and classified dismissals, public safety and grievance issues.

Ms. Van Bindsbergen has practiced law on behalf of public agencies for more than 20 years. She is an experienced litigator on behalf of public agencies and has 20 years of experience representing Fresno County area cities. She provides a full range of legal advice and services in all aspects of municipal, finance and public agency law. She represents both municipal agencies and school districts in personnel and safety compliance litigation.

In addition to attending city council meetings and advising city councils with regard to legal matters affecting their cities, Ms. Van Bindsbergen has worked with police departments on Pitchess motions, POBR/FOBR issues, records, personnel matters, policy updates, search warrants and other code enforcement issues. Ms. Van Bindsbergen has represented police and fire departments on personnel matters including litigation, implementation of personnel policies, bids for departmental purchases, and implementation of the Police Officer Bill of Rights and Fire Fighter Procedural Bill of Rights.

Additional Experience

She has organized and litigated many cases including preparation of complaints, answers, correspondence, mediation/arbitration, summary judgments, motions and all phases of discovery, interaction with clients and co-counsel, statute calendaring, trial preparation and trial. Ms. Van Bindsbergen has also represented various cities and school districts in matters of ADA, FMLA/CFRA and other personnel matters.

Education

Ms. Van Bindsbergen received her J.D. from the San Joaquin College of Law in 1996. She earned a B.A. in History from California State University, Fresno, in 1992. She was admitted to the California State Bar in 1997. Ms. Van Bindsbergen has received certification through ATIXA as a participant in Level 1 and Level 3 ATIXA Civil Rights Investigator Trainings.

Affiliations

She is admitted to practice before the U.S. District Court, Northern, Eastern and Central Districts. Ms. Van Bindsbergen is a member of the League of California Cities and the International Association of Chiefs of Police.

Governor’s Executive Order Impacts Collective Bargaining Deadlines, Administrative Hearings, and POST

By: Jenell Van BindsbergenLauren Lyman-

Deadline to Present Claims against Public Entities Extended

By: Jenell Van BindsbergenJunaid Halani-

UPDATE: California Supreme Court rules against Local Agencies- Local Agencies Cannot Recover Costs of Redacting Video Footage under the Public Records Act

By: Jenell Van BindsbergenMatthew Lear-

Industrial Disability Retirement May Still Be Considered a Constructive Discharge

By: Jenell Van BindsbergenLindsey Zwicker-

Public Agencies Must Disclose All Public Documents Regardless of the Record’s Origin

By: Jenell Van BindsbergenMatthew Lear-

CARES Act – Federal Funding for COVID-19 Prevention

By: Jenell Van BindsbergenWesley Carlson-

Federal Families First Coronavirus Response Act: Temporary Employer-Paid Sick Leave and Employer-Paid FMLA Leave for Childcare

By: Gabriela FlowersJenell Van BindsbergenKate Holding-

AB 101 And SB 330: The Juggernauts Of The 2019 Housing Laws

By: Jenell Van BindsbergenJames McCann-

New Law Requires All School Security Officers To Receive POST Training

By: Jenell Van Bindsbergen-

Law Enforcement Agencies May Disclose Officer Information To Prosecutors

By: Jenell Van BindsbergenMatthew Lear-

AB 392 Changes Use of Force Standards

By: Jenell Van BindsbergenJunaid Halani-

The United States Supreme Court Again Confronts The Reach Of The Establishment Clause

By: Sloan SimmonsJenell Van Bindsbergen-

Police Officer’s Pre-Promotion Conduct Could Be Basis to Rescind Promotion

By: Jenell Van Bindsbergen-

Supreme Court Says Plaintiffs In Law Enforcement First Amendment Retaliation Cases Must Prove No Probable Cause For Arrest

By: Jenell Van BindsbergenSloan SimmonsRyan Harrison, Sr.-

First Published Case On Issues Raised By SB 1421, Which Requires The Disclosure Of Certain Police Records

By: Jenell Van BindsbergenMatthew Lear-

PERB Decision Provides Guidance Addressing “Public Hearing” Requirement

By: Jenell Van Bindsbergen-

New Laws Restrict Law Enforcement Agencies’ Right to Withhold Recordings Relating to “Critical Incidents”

By: Jenell Van Bindsbergen-

Court Limits Enforcement of Public Sleeping Ordinances

By: Jenell Van BindsbergenWesley Carlson-

Mayor-Sponsored Pension Reform Ballot Measure Triggered Meet and Confer Requirement, Court Rules

By: Jenell Van Bindsbergen-

Public Entities May Rely on Claimant’s False Representations of Timeliness on Claim Forms

By: Jenell Van Bindsbergen-

New Law Requires Legal Consult Prior to Custodial Interrogation of Minor under Age 16

By: Jenell Van Bindsbergen-

California Supreme Court Holds Disclosure Is the Rule, Not the Exception, in Public Record Requests

By: Jenell Van BindsbergenAlyse Pacheco Nichols-

Despite Marijuana Industry Efforts, Local Control Survives

By: Jenell Van Bindsbergen-

Proposition 64: Legal and Practical Considerations

By: Dulcinea GranthamJenell Van Bindsbergen-

California Agencies May Now Have Their Code Enforcement Officers Certified

By: David WolfeJenell Van BindsbergenNicholas Felahi-

Significant Cases

  • In Govan v. City of Clovis, Lozano Smith successfully obtained dismissal of several constitutional and other statutory claims asserted by a plaintiff business operator against the City of Clovis individual City police officers, where the plaintiff challenged the City of Clovis' sign ordinance and its enforcement.

  • In City of Clovis Police Department v. The Superior Court of Fresno County Appellate Division, California Court of Appeal Case No. F07085, Lozano Smith successfully defended the City after a defendant appealed a ruling from the trial court denying an in camera review for failure to meet the standards required under California Evidence Code section 1043 and Pitchess. Following approval of the Defendants appeal by the Superior Court Appellate Division, Lozano Smith filed a writ of mandate with the 5th District Appellate Court, on behalf of the City, alleging various procedural errors and misapplication of the law. The 5th District Court found good cause to vacate the Superior Court Appellate Division Order.

The New Year Brings A Huge Wave of Affordable Housing Legislation: What Does It All Mean for California Cities?

By: Jenell Van Bindsbergen-

Host Devon Lincoln talks with William P. Curley III and Jenell Van Bindsbergen, co-chairs of the firm’s Municipal Practice Group, about the unprecedented crush of affordable housing legislation enacted by the California Legislature in 2019. The team discusses what the new laws mean for city governments, and how the legislation strikes at local control and other issues of importance to local municipalities.

Police in Schools – The Role of a School Resource Officer

By: Devon LincolnThomas MannielloJenell Van Bindsbergen-

The role of law enforcement officers on school campuses is not well understood. Devon Lincoln is joined by attorney Tom Manniello, an expert in student discipline issues and discipline reform, and Jenell Van Bindsbergen, an attorney specializing in working with police officers and police departments. In a wide ranging discussion, the panelists lay out the complex issues that come up when an officer polices a school campus.