CASE PROCESSING PROCEDURES; EVIDENCE – Hearsay

Single Topic for Decision 2221E

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* * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *

A telephone message left on charging party’s answering machine and a document memorializing statements made by the same individual in a telephone conversation with charging party the next day were admissible; even as inadmissible hearsay, the statements can be used to corroborate other evidence of retaliation under PERB Regulation 32176 and, as admissions of a party, the statements were admissible as independent evidence of retaliation under Evidence Code section 1220.