Thomas E. Gauthier

Partner | Sacramento

tgauthier@lozanosmith.com
Tel: 916.329.7433
Fax: 916.329.9050
Vcard Bio

Overview

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 school districts and community colleges throughout Northern California. 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.

When conflict arises, public agencies turn to Tom for successful representation in employee disciplinary hearings, arbitration hearings, court litigation, and administrative forums such as Public Employment Relations Board hearings. A practical and solution-focused approach helps clients resolve conflict in their best interests.

Experience

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
    • Lawfully managing data & records
    • Best practices for public records requests
    • Student supervision & rights
    • Technology contract requirements

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 on behalf of leading statewide associations, including for example:
  • Association of California School Administrators (ACSA):
    • Student Records, Privacy and Parental Consent
    • Laws as They Apply to Superintendency
    • Brown Act, Public Records Act and Conflicts of Interest
    • Signing on the Dotted Line
    • LCAP/Dashboard Evaluation
  • California School Boards Association (CSBA):
    • Reporting Gifts on Your Form 700
    • Legal Update: Collective Bargaining, LCFF
    • Brown Act
  • California Association of School Business Officials (CASBO):
    • California Voting Rights Act
    • Workers’ Compensation Insurance
    • Principles of School Law
  • Small School Districts’ Association (SSDA):
    • Effective Practices in Personnel Management
    • Preparing for Negotiations with Retirement System Changes
    • Teacher Evaluation and Discipline
    • How to Win a Certificated Dismissal Case
    • Developing the Board Agenda
    • Employee Leaves
    • Brown Act and Beyond: Successful Board Relationships

Publications and Resources

Mr. Gauthier is a frequent author of legal updates and client resources. He regularly publishes articles in response to changes in the law or legal decisions affecting public agencies.

Representative articles include:
  • California Passes New Laws to Protect Student-Athletes AED's
  • #MeToo Movement Leads to Increased Harassment Prevention Training and Related Requirements for California Employers
  • Asking Job Applicants about Criminal Conviction History: What You Need to Know about Assembly Bill 1008
  • California Travel Ban Does Not Apply to Local Agencies
  • Board Member Toolkit (Lozano Smith Resource)
  • It's Time to Fill Out Your Form 700! (Podcast Episode)

Education

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. Mr. Gauthier has received certification through ATIXA as a participant in Level 1 and Level 3 ATIXA Civil Rights Investigator Trainings.

Professional Affiliations

Member, California Council of School Attorneys

California Passes New Laws to Protect Student-Athletes AED's Required by July 1, 2019

By: Thomas GauthierKyle Raney-

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...

#MeToo Movement Leads to Increased Harassment Prevention Training and Related Requirements for California Employers

By: Thomas Gauthier-

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...

Asking Job Applicants about Criminal Conviction History: What You Need to Know about Assembly Bill 1008

By: Thomas GauthierCarolyn Gemma-

December 2017 Number 80 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. Background 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...

California Travel Ban Does Not Apply to Local Agencies

By: Thomas Gauthier-

July 2017 Number 41 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...

Recent Fines for Failure to Disclose Gifts on Form 700 Serve as a Reminder to Public Officials

By: Thomas Gauthier-

November 2014 Number 88 The Fair Political Practices Commission (FPPC) is the state agency responsible for administering and enforcing California's Political Reform Act. (Gov. Code § 81000, et seq.) Recently, the FPPC has been active in issuing fines to local government officials for failing to report gifts of meals and ballgame tickets on their Statement of Economic Interests, also known as Form 700. Accordingly, now more than ever is a good time to review the Political Reform Act...

Election Season 2012: Legal Guidelines For Political Activity On Public Property

By: Ruth MendykThomas Gauthier-

August 2012 Number 46 Election season 2012 is in full swing as campaigns gear up for November elections. Campaign activity often raises issues for cities, school districts and other public agencies related to the proper use of public facilities, equipment, and staff time. Several laws prohibit use of public resources to urge the support or defeat of a candidate for elected office or a ballot measure. (Gov. Code § 8314; Ed. Code § 7054.) At the same time, it is important to respe...

Vendors Bearing Gifts: Disclosure Requirements For Public Officials And Employees

By: Thomas Gauthier-

July 2010 Number 26 CLIENT NEWS BRIEF VENDORS BEARING GIFTS: DISCLOSURE REQUIREMENTS FOR PUBLIC OFFICIALS AND EMPLOYEES Especially in these troubled economic times, vendors, consultants and others seeking business from public agencies are often going to ever greater lengths to land new clients and drum up new business. These efforts may be coupled with promises of gifts and other free offerings, including meals, wine, tickets to concerts or sporting events, and more. As an important ...

Significant Cases

  • Successfully defended Brown Act lawsuit by school board member related to Superintendent’s evaluation process - Duval v. Coalinga-Huron Unified School District (2000) Fresno County Superior Court Case No. 632062-6
  • Won court judgment halting amendments to city general plan that would harm school facilities and funding; obtained award of attorney’s fees for school district - Atwater Elementary School District v. City of Atwater (2006) Merced County Superior Court Case No. 148355
  • Won decision at Public Employment Relations Board regarding disputed salary formula in union contract - Cottonwood Teachers Association v. Cottonwood Elementary School District (2009) Public Employment Relations Board Case No. SA-CE-2399-E
  • Successful defense of lawsuit seeking to circumvent grievance procedure and obtain 14 years of back pay - Nichols v. Sacramento City Unified School District (2011) Sacramento County Superior Court Case No. 34-2010-80000720
  • Won arbitration decision upholding school district interpretation of salary schedule affecting 1,100 employees - Elk Grove Unified School District v. AFSCME (2015) C.S.M.C.S. Case No. ARB-13-0462