CASE PROCESSING PROCEDURES; DISCOVERY – Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt
Single Topic for Decision A448E
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1106.02000 – Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt
Under PERB Regulation 32150, subdivision (f), the Board must seek court enforcement of a subpoena upon recommendation of the General Counsel unless in the judgment of the Board the enforcement of such subpoena or notice would be inconsistent with law or the policies of the applicable Act. The Board declined to seek enforcement of a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board instead remanded the matter to the ALJ to clarify the scope of any potential waiver of the attorney-client or attorney work-product privileges, as well as the proper time span and scope of the subpoena as a whole.