Tom Gauthier is a partner in Lozano Smith's Sacramento office. With over 20 years of experience representing public agencies and public officials, Tom serves as general counsel to numerous school districts, community college districts, and other local governments. He specializes in labor and employment law, and also has broad expertise in key governance laws such as open meetings rules, public records, ethics, and conflicts of interest. Focusing on prevention of legal disputes and ensuring best practices, Tom provides day-to-day support to public agencies with the goal of creative problem solving. He regularly counsels clients on employee/employer relations and negotiates labor agreements throughout California. Tom has extensive experience in creating crucial governance documents such as employer policies, contracts, and inter-agency agreements.
When conflict arises public agencies turn to Tom for successful representation in employee disciplinary hearings, arbitration hearings, and numerous types of administrative hearings such as Public Employee Public Relations board hearings. A practical and solution-focused approach helps clients resolve conflict in their best interests.
Trainings & Presentations
Tom leads interactive, hands-on seminars on topics such as best personnel practices, open government laws, student-related laws, constitutional law, ethics in public service, and school board governance. He is a frequent presenter to school audiences such as: Association of California School Administrators, California Council of School Attorneys, California School Boards Association, and California Association of School Business Officials.
Tom’s practice focuses on the following areas:
- General governance
- Brown Act compliance
- Effective board governance
- Conflicts of interest
- Public records laws
- Labor & employment Law
- Employee discipline & dismissal
- Effective evaluation systems
- Leaves of absence
- Employment contracts & recruitment
- Wage & hour rules
- Free speech
- Employment discrimination & harassment
- Employee complaints & investigations
- Student discipline & student rights
- Free speech
- Equity & access laws
- Uniform Complaint procedures
- Constitutional law on campus
- Technology & innovation
- Managing data & records lawfully
- Best practices for public records requests
- Student supervision & rights
- Technology contract requirements
Mr. Gauthier received his J.D. from the University of California at Davis School of Law in 1996. He received his B.A. from the University of California at Riverside in Political Science and Administrative Studies, cum laude
Member, California Council of School Attorneys
February 2019Number 13In the wake of several high profile deaths of high school student-athletes, California recently enacted two new laws aimed at improving school responses to heart and heat-related emergencies involving students.Assembly Bill (AB) 2009 Given that sudden cardiac arrest (SCA) is a leading cause of death among young athletes, AB 2009 requires school districts and charter schools that offer interscholastic athletics to have written, posted emergency action plans in place and t...
December 2018Number 86Effective January 1, 2019, California employers, including public agencies, will be required to comply with new requirements aimed at preventing sexual harassment in the workplace as a result of the #MeToo movement that began in 2017. On September 30, 2018, Governor Jerry Brown approved Senate Bill (SB) 1300 and SB 1343, which both make significant changes to the California Fair Employment and Housing Act (FEHA).BackgroundUnder FEHA, it is unlawful to harass persons base...
Effective January 1, 2018, Assembly Bill (AB) 1008 amends the Fair Employment and Housing Act (FEHA) to restrict an employer's ability to make hiring decisions based on a job applicant's criminal conviction history.
AB 1008 prohibits an employer from asking about criminal conviction history until the applicant has received a conditional offer of employment. After a conditional offer of employment has been made, an employer may conduct a criminal co...
A California law that bars state agencies from funding travel, and from requiring employees to travel, to states that permit discrimination on the basis of sexual orientation, gender identity or gender expression - and Attorney General Xavier Becerra's recent expansion of the list of states covered by the ban - have raised questions regarding whether the law applies to cities, counties, school districts and community college districts.
While there is no definitive l...
It’s that time of year, when California public servants must prepare and submit their annual statements of economic interest. The statement, commonly referred to as Form 700, is due on April 2 this year. Devon Lincoln talks to ethics expert Tom Gauthier about common pitfalls in filling out the form, what you need to know to get it right, and why it matters.