CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation

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A complaint included a facial challenge, as it alleged that the County violated the MMBA by “maintaining” the rule, which is a separate act from any alleged enforcement. A facial challenge may be brought at any time where a charging party would risk discipline or other adverse consequences if it were to violate the rule. (City and County of San Francisco (2017) PERB Decision No. 2536-M, pp. 14-15 & fn. 12.)