Decision 0857E – North Orange County Regional Occupational Program * * * SUPERCEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828

LA-R-943

Decision Date: December 17, 1990

Decision Type: PERB Decision

 * * * SUPERCEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828 * * *

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Perc Vol: 15
Perc Index: 22010

Decision Headnotes

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Ed. Code expressly provides for creation and characterization of regional occupational centers and programs operating pursuant to joint powers agreements; pp. 9-12.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Section 52300, et seq. Ed. Code expressly provides for creation and characterization of regional occupational centers and programs operating pursuant to joint powers agreements; pp. 9-12.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

The fundamental rule is for a court to ascertain the intent of the Legislature so as to effectuate the purpose of the law. Where no ambiguity exists, the intent of the Legislature is to be gleaned from the words of the statute itself, according to the usual and ordinary import of the language. An administrative agency may not alter or amend a statute or enlarge its scope where a statute enumerates things upon which it is to operate, it is to be construed as excluding from its effect, all those not expressly mentioned. The function of the word "or" is to mark an alternative such as "either this or that." Every word in a statute is intended and a construction making some words surplusage is to be avoided.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

PERB has only that jurisdiction and powers as have been conferred by the statutes; PERB acts in excess of that jurisdiction if it violates the express language of the statutes; and its jurisdictional limit cannot be overcome by past practices or its regulations or rulings nor can it acquire jurisdiction by the parties, consent, agreement, stipulation or acquiescence, nor by waiver or estoppel; pp. 6, 7, 8, 15, 16.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.05000 – Joint Powers Agreements

A regional occupational program operating pursuant to a joint powers agreement is not a school employer under subdivision (k) of section 3540.1 of the Government Code. Board overruled Tulare County (1978) PERB Decision No. 57; pp. 7-16.