Decision A321M – City of Anaheim


Decision Date: April 9, 2003

Decision Type: Administrative Appeal

Description: The Board affirmed the Board Agent’s interlocutory order denying the City’s motion to dismiss the complaint as untimely on grounds that it was based on conduct occurring more than six months prior to filing of the charge. The Board agent found that a three- year statute of limitations applies to MMBA cases and that PERB has jurisdiction over cases based on conduct occurring prior to transfer of MMBA jurisdiction to PERB on July 1, 2001. The Board agent issued a complaint and joined the City’s interlocutory appeal to the Board, wherein the City argued the complaint should be dismissed on grounds of untimeliness, failure to exhaust contractual remedies, laches, and failure to state a prima facie case.

Disposition: Affirmed. PERB is statutorily required to administer MMBA in conformity with judicial interpretations courts have applied a three-year limitations period to MMBA claims; transfer of jurisdiction to PERB was change in forum, not change in rights or obligations of affected parties, so PERB’s exercise of jurisdiction over cases based on conduct occurring prior to July 1, 2001, is not retroactive change to statute; other PERB-administered statutes contain express six-month limitations period while MMBA does not; PERB cannot impute Legislative intent to retroactively repeal settled, substantive statutory rights through statutory silence. Board also ruled MMBA does not require exhaustion of contractual remedies before filing charge; laches defense rejected. Case remanded for further processing. Petition for Writ of Mandate denied 6-11-03, Court of Appeal, Second District, Case No. B164811. Petition for Writ of Mandate denied 6-26-03; Orange County Superior Court, Case No. 03CC01047.

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Perc Vol: 27
Perc Index: 53

Decision Headnotes

1101.01000 – In General

This decision was overturned by the California Supreme Court. The California Supreme Court held that a six-month statute of limitations applies to cases filed under the Meyers –Milias –Brown Act.(see Coachella Valley Mosquito and Vector Control District v. California Public Employment Relations Board (2005) 35 Cal 4th. 1072.