REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Notices; Posting, Reading, and Mailing

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The District’s argument--that the Board’s remedial order requiring recently appointed superintendent to read PERB’s notice verbatim would violate superintendent’s constitutional rights—was contrary to precedent. (See, e.g., Barke v. Banks (9th Cir. 2022) 25 F.4th 714, 719 [public officials’ statements in their official capacities do not implicate individual constitutional rights].) Choosing the superintendent to read the notice does not reflect any finding of bad intent on the superintendent’s part, as intent is irrelevant to the violations found. (Clovis Unified School District (2024) PERB Decision No. 2904, p. 36.) Rather, the superintendent is the District official whose participation in the spoken notice will have the greatest tendency to convince listeners that the District will, in fact, comply with the law going forward. (pp. 38-39.)