Decision 0335E – Los Angeles Unified School District

LA-PN-38

Decision Date: August 18, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14227

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.04000 – Statutues in Other Jurisdictions

Regional Director erred in dismissing public notice complaint on grounds allegations only alleged violation of local district public notice rules. Determination is made on basis of possible violations of statutory public notice requirements.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Regional Director erred in dismissing public notice complaint on grounds allegations only alleged violation of local district public notice rules. Determination is made on basis of possible violations of statutory public notice requirements.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Board has authority to determine whether statutory public notice provisions have been violated.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Broadly worded allegations of violation of statutory requirements are insufficient - specific acts must be alleged to support issuance of complaint.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.01000 – In General

Complaint of violation of local district rules is not determinative. Board must determine whether statutory public notice provisions have been violated. If local rules facially conflict or deprive statutory rights, Board will act. Violation of local rules that are requirements above those minimally required by EERA, unless they cause harm, are not EERA violations.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.09000 – Complaint/Timeliness/Standing/Service

Broadly worded allegations of violation of statutory requirements are insufficient - specific acts must be alleged to support issuance of complaint.