Decision 1698M – City of San Rafael
SF-CE-149-M
Decision Date: October 20, 2004
Decision Type: PERB Decision
Description: Alleged that local agency violated MMBA by enforcing unreasonable rule.
Disposition: Board found disputed rule consistent with and effectuating purpose of express provisions of MMBA. Board declined to depart from holding in City of Santa Barbara 125 Cal.App.3d 459 where court held the contract-bar doctrine is not incorporated within the MMBA.
Perc Vol: 28
Perc Index: 267
Decision Headnotes
100.01000 – In General
Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution.
101.01000 – In General
Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution.)
750.01000 – In General
When a rule is disputed as unreasonable, the inquiry does not concern whether PERB would find a different rule more reasonable or the existing rule is unreasonable measured against an arbitrary standard. The question is whether the disputed rule is consistent with and effectuates the purposes of the express provisions of the MMBA.
1301.01000 – In General
Board declined to depart from holding in City of Santa Barbara 125 Cal.App.3d 459, where court held that contract-bar doctrine is not incorporated within the MMBA.