| Arthur M. Palkowitz
apalkowitz@stutzartiano.com@stutzartiano.com
Senior Counsel
Public Entity, General Tort Litigation, Employment, Education
San Diego
Phone: (619) 232-3122
Fax: (619) 232-3264
Education
Art Palkowitz has an impressive background in the area of public education and civil litigation as a practicing attorney for over 28 years, including nine years with San Diego Unified School District (120,000 students, 200 school sites) handling litigation and providing legal advice.
Art’s knowledge includes transactional personnel matters arising from the Education Code and other statutory provisions, representation of the governing board in certificated and classified employee suspension and termination proceedings, planning, strategy and compliance in the collective bargaining arena, including agreement interpretation and administration. Art has experience in employment-related litigation, involving discrimination, dismissal hearing, sexual harassment, wrongful termination and EEOC complaints as well as contractual matters and other torts.
His background includes comprehension of the Brown Act, Public Records Act, California Tort Claims Act, preparation, review and revision of District policies and Administrative Procedures and all issues arising out of charter school petitions, operations, renewals and appeals. Art has experience in investigations (civil, criminal) by Office of Inspector General, review of audits and compliance.
Mr. Palkowitz has appeared before State Appellate Courts and California State Supreme Court on cases involving school state mandates. Victorious in Supreme Court decision involving Suspensions, Expulsions and obtained a favorable court decision resulting in over $35 million revenue. He has appeared before the U.S. Supreme Court, making new law distinguishing ERISA with California’s notice/prejudice rule, Unum v. Ward, 119 S. Ct. 334 (February 1999).
Art, on behalf of San Diego Unified School District, negotiated a Statewide settlement (after 10 years of litigation) agreement that will increase special education funds by $65 million annually and additional payments totaling $520 million to be received by local school districts and Special Education Local Plan Areas. The lawsuit sought recovery of costs incurred in providing services for special education students who have severe behavior problems. Art has served as committee member of Education Mandated Cost Network (Vice Chairman). Art has appeared several times a year in Sacramento for the past nine years representing San Diego Unified School District in administrative hearings, legislative hearings, budget sessions and meetings with other California Department Agencies.
Art is admitted to all State Courts in California, as well as the Southern and Central District courts, the United States Supreme Court, has served as a San Diego Court Judge Pro Tem, San Diego Superior Court Arbitrator, and has testified as an expert in Superior Court.
He has been elected for two terms on the Solana Beach School District board and has held the positions of President/Vice President. He has appeared as speaker at State Controller conference, California Association School Business (CASBO) annual conventions and San Diego County of Education lecture series.
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Bar Admissions
Southern and Central District Courts
State of California
United States Supreme Court
Honors/Affiliations
Member, San Diego County Bar Association
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