REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS – In General
Single Topic for Decision 2540M
Full Decision Text (click on the link to view): Full Text
1200.01000 – In General
The appropriate remedy for a city charter provision that is an unreasonable local rule under MMBA section 3507 is to declare that provision void and unenforceable. The Board lacks the power to order the provision to be rescinded. In determining which provisions of a local rule are invalid, a severability clause establishes a presumption in favor of severance. However, in order to honor the severance clause, the portion to be severed and thus saved from invalidity depends on whether the remaining provisions are grammatically and mechanically severable, and whether it is functionally severable, i.e., the remaining portion is complete in itself and capable of independent application.