CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Single Topic for Decision 2285S
Full Decision Text (click on the link to view): Full Text
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
* * * OVERRULED IN PART ON OTHER GROUNDS by Trustees of the California State University (Northridge) (2019) PERB Decision No. 2687-H. * * *
ALJ’s credibility determination based upon opinion that “gratuitous comments would not be volunteered by an experienced investigator” and that an experienced law enforcement officer would not make the statement attributed to her are more in the nature of speculative generalizations about the character of law enforcement than they are a product of firsthand observations by the ALJ of the witness’s testimony. Accordingly, the Board accords the ALJ’s credibility determination no particular deference.