REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – In General

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Because PERB is a quasi-judicial agency, the separation of powers doctrine prevents PERB from compelling legislative action by a city or county. (City of Palo Alto v. Public Employment Relations Bd. (2016) 5 Cal.App.5th 1271, 1310 (Palo Alto).) Therefore, PERB lacks the authority to order the City to rescind charter provisions. However, it is “appropriate and within PERB’s authority to declare void and unenforceable portions of the Charter that conflict with the MMBA. Unlike ordering the language ‘rescinded,’ such an order does not amount to ‘rewriting’ the Charter, but merely enjoins enforcement of the illegal regulation.” (CCSF III, supra, PERB Decision No. 2536-M, p. 39.) (pp. 53-54.)