Decision 0602E – Rancho Santiago Community College District * * * Modified by Carpinteria Unified School District (2021) PERB Decision No. 2797, p. 14 and Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 21-23, as recognized in SunLine Transit Agency (2024) PERB Decision No. 2928-M, pp. 18-19 * * *
LA-CE-1643
Decision Date: December 30, 1986
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18021
Decision Headnotes
1500.02000 – Education Code Sections Considered by PERB (By Number)
* * * Modified on other grounds by Carpinteria Unified School District (2021) PERB Decision No. 2797, p. 14 and Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 21-23, as recognized in SunLine Transit Agency (2024) PERB Decision No. 2928-M, pp. 18-19.* * *
Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority.
300.15000 – Speech
* * * Modified by Carpinteria Unified School District (2021) PERB Decision No. 2797, p. 14 and Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 21-23, as recognized in SunLine Transit Agency (2024) PERB Decision No. 2928-M, pp. 18-19. PERB no longer follows a singular test for finding speech unprotected. Board now analyzes whether: (1) speech is proven, by clear and convincing evidence, to have been maliciously false; or (2) speech was sufficiently flagrant or insubordinate as to cause substantial disruption in the workplace, based on all relevant circumstances.* * *
An employee's newsletter articles criticizing the employers' administration is protected speech if it relates to matters of legitimate concern to employees as employees and is not opprobrious, flagrant, insulting, defamatory, insubordinate or fraught with malice as to cause substantial disruption of or material interference with school activities. Exaggerated and over stated language is not, by itself, enough where described events are widely known; pp. 12-13.
503.03000 – Warning Letters, Reprimands, Evaluations
* * * Modified on other grounds by Carpinteria Unified School District (2021) PERB Decision No. 2797, p. 14 and Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 21-23, as recognized in SunLine Transit Agency (2024) PERB Decision No. 2928-M, pp. 18-19. * * *
Notice of unprofessional conduct (Ed. Code sec. 87734) is disciplinary action that may not be taken and must be rescinded if due to the exercise of protected rights such as free speech; pp. 15-16.
1205.08000 – Expunging Employee Personnel Files
* * * Modified on other grounds by Carpinteria Unified School District (2021) PERB Decision No. 2797, p. 14 and Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 21-23, as recognized in SunLine Transit Agency (2024) PERB Decision No. 2928-M, pp. 18-19. * * *
Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority; pp. 15-16.