Jenell Van Bindsbergen
Partner | Fresno
More from Jenell Van Bindsbergen
More from Jenell Van Bindsbergen
More from Jenell Van Bindsbergen
jvanbindsbergen@lozanosmith.com
Tel: 559.431.5600
Fax: 559.261.9366
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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
Deadline to Present Claims against Public Entities Extended
UPDATE: California Supreme Court rules against Local Agencies- Local Agencies Cannot Recover Costs of Redacting Video Footage under the Public Records Act
Industrial Disability Retirement May Still Be Considered a Constructive Discharge
Public Agencies Must Disclose All Public Documents Regardless of the Record’s Origin
CARES Act – Federal Funding for COVID-19 Prevention
Federal Families First Coronavirus Response Act: Temporary Employer-Paid Sick Leave and Employer-Paid FMLA Leave for Childcare
AB 101 And SB 330: The Juggernauts Of The 2019 Housing Laws
New Law Requires All School Security Officers To Receive POST Training
Law Enforcement Agencies May Disclose Officer Information To Prosecutors
AB 392 Changes Use of Force Standards
The United States Supreme Court Again Confronts The Reach Of The Establishment Clause
Police Officer’s Pre-Promotion Conduct Could Be Basis to Rescind Promotion
Supreme Court Says Plaintiffs In Law Enforcement First Amendment Retaliation Cases Must Prove No Probable Cause For Arrest
First Published Case On Issues Raised By SB 1421, Which Requires The Disclosure Of Certain Police Records
PERB Decision Provides Guidance Addressing “Public Hearing” Requirement
New Laws Restrict Law Enforcement Agencies’ Right to Withhold Recordings Relating to “Critical Incidents”
Court Limits Enforcement of Public Sleeping Ordinances
Mayor-Sponsored Pension Reform Ballot Measure Triggered Meet and Confer Requirement, Court Rules
Public Entities May Rely on Claimant’s False Representations of Timeliness on Claim Forms
New Law Requires Legal Consult Prior to Custodial Interrogation of Minor under Age 16
California Supreme Court Holds Disclosure Is the Rule, Not the Exception, in Public Record Requests
Despite Marijuana Industry Efforts, Local Control Survives
Proposition 64: Legal and Practical Considerations
California Agencies May Now Have Their Code Enforcement Officers Certified
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.