All notes for Subtopic 1106.02000 – Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A448E | Community Learning Center Schools, Inc. 1106.02000: CASE PROCESSING PROCEDURES; DISCOVERY; 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. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A448E | Community Learning Center Schools, Inc. 1106.02000: CASE PROCESSING PROCEDURES; DISCOVERY; Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt PERB Regulation 32150, subdivision (d), governing motions to quash a subpoena state that the Board “shall revoke the subpoena if the evidence requested to be produced is not relevant to any matter under consideration in the proceeding or the subpoena is otherwise invalid.” The Board affirmed the ALJ’s partial denial of a motion to quash 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 found the requested documents relevant because the respondent had asserted its reliance on advice of counsel as a defense. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A448E | Community Learning Center Schools, Inc. 1106.02000: CASE PROCESSING PROCEDURES; DISCOVERY; 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. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A448E | Community Learning Center Schools, Inc. 1106.02000: CASE PROCESSING PROCEDURES; DISCOVERY; Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt PERB Regulation 32150, subdivision (d), governing motions to quash a subpoena state that the Board “shall revoke the subpoena if the evidence requested to be produced is not relevant to any matter under consideration in the proceeding or the subpoena is otherwise invalid.” The Board affirmed the ALJ’s partial denial of a motion to quash 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 found the requested documents relevant because the respondent had asserted its reliance on advice of counsel as a defense. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| 2122M | County of Tehama 1106.02000: CASE PROCESSING PROCEDURES; DISCOVERY; Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt Once a complaint is sent to formal hearing before a PERB Board agent, a party’s ability to obtain documentation to support its case is limited to the discovery mechanisms set forth in PERB regulations. Accordingly, a party seeking documentation for use at a formal hearing may not use a traditional request for information as a substitute for the mechanisms set forth in PERB regulations. more or view all topics or full text. | 34 | 111 | 06/28/10 |
| 1038H | Regents of the University of California (Lawrence Livermore National Laboratory) 1106.02000: CASE PROCESSING PROCEDURES; DISCOVERY; Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt The Board reaffirmed its prior decision that the University failed to meet its burden of proof to demonstrate that the appearance of a Board agent was essential to resolution of its case as required by Regulation 32150; p. 4. more or view all topics or full text. | 18 | 25052 | 03/04/94 |