CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 2273E
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1101.01000 – In General
Under the Gavilan “knew or should have known” standard, the statute of limitations for a charge alleging a violation of the public notice provisions of EERA begins to run either upon publication of a public notice or a meeting at which bargaining proposals will be sunshined or at the public meeting itself. Thus, if the charge alleges that the notice itself was defective, the statute of limitations begins to run upon publication of the notice. If the charge alleges that the notice itself was proper but the proposals sunshined at the meeting failed to comply with the provisions of EERA section 3547, the limitations period begins to run on the date of the meeting where the proposals were presented to the public.