PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

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Whether a mayor or other city officials and employees complied with other laws, regulations or policies does not determine the lawfulness of the City’s conduct under the MMBA. The constitutional right of a local electorate to legislate by initiative, like the home rule authority of a charter city, extends only to municipal affairs and, as such, it is preempted by general laws affecting matters of statewide concern such as the MMBA. In the absence of controlling appellate authority directing PERE that the meet-and-confer process is constitutionally infirm or preempted by the local initiative process, PERB will follow the MMBA and its case law requiring public employers to meet and confer with employee representatives before deciding to alter negotiable matters.