GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION – General Principles

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The MMBA allows a considerable degree of local regulation, but where it sets a standard, local divergence is not allowed. Thus, the standards established by the MMBA may not be undercut by contradictory rules or procedures that would frustrate its purposes. When looking at a disputed local rule, the inquiry does not concern whether PERB would find a different rule more reasonable. Rather, the question is whether the disputed local rule is consistent with and effectuates the purposes of the MMBA. If the language of a statute is clear and unambiguous, then the intent of the Legislature is reflected in the plain meaning of the statute.