Decision 1465E – Los Angeles Unified School District

LA-PN-152-E

Decision Date: October 29, 2001

Decision Type: PERB Decision

Description: The Board dismissed the public notice complaint. The complaint alleged that the employer violated the EERA when it changed its policy regarding the time limit for public comment at Board of Education meetings.

Disposition: Dismissed. The employer had not changed its policy since at least 1988, and the policy was in conformance with PERB precedent, which has consistently held that three minutes is an adequate period of time to address initial proposals.

View Full Text (PDF)

Perc Vol: 26
Perc Index: 33004

Decision Headnotes

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.02000 – Initial Proposals

No violation of EERA when employer changed its policy regarding the time limit for public comment at Board of Education meetings. The previous policy allowed three minutes for individuals to comment on initial bargaining proposals and three minutes on all other agenda items; the policy was changed to allow a total of three minutes for comments on all topics. PERB has no jurisdiction over the District’s policy regarding public input on agenda items that are not related to public notice. Evidence showed that employer's policy has been to allow speakers at a public Board of Education meeting three minutes to speak to initial proposals and that there has been no change in this policy since at least 1988. PERB has consistently held that three minutes is an adequate period of time to address initial proposals. (Los Angeles Unified School District, supra, PERB Decision No. 405; Los Angeles Unified School District (1985) PERB Decision No. 494; Los Angeles Community College District (1991) PERB Decision No. 908; Los Angeles Unified School District (1993) PERB Decision No. 1000.