Saddleback Community College District (Goffredo) (PERB A235E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
)
)
)
MICHAEL A. 	GOFFREDO,
Charging 	Party,
v.
SADDLEBACK COMMUNITY COLLEGE
DISTRICT
Respondent.
Case 	No. 	LA-CE-3055
Motion 	to 	Reopen 	Record
PERB 	Order No. 	Ad-235
October 	27, 	1992
)
)
)
)
)
)
)
)
Appearances: 	Gail 	Goffredo 	and 	Michael A. 	Goffredo, 	for
Michael 	A. 	Goffredo; 	Parker, 	Covert 	& Chidester 	by 	Spencer 	E.
Covert, 	Attorney, 	for 	Saddleback Community College 	District.·
Before 	Hesse, 	Chairperson; 	Camilli 	and 	Carlyle, 	Members.
DECISION
CARLYLE, 	Member: 	This 	case 	is 	before 	the 	Public 	Employment
Relations 	Board 	(PERB 	or 	Board) 	on 	a 	motion 	by 	Michael 	A.
Goffredo 	(Goffredo) 	to 	reopen 	the 	record 	in Case 	No. 	LA-CE-3055.
Goffredo 	alleges 	in 	his 	motion 	that 	the 	State 	of 	California
(Department 	of 	Fair 	Employment 	and 	Housing) 	(DFEH) 	is 	in
possession 	of 	documents 	that 	contradicts 	testimony 	given 	by 	the
Saddleback Community 	College 	District 	representatives 	in 	his
hearing 	before 	the 	PERB 	administrative 	law 	judge 	(ALJ) . 1
Goffredo 	requests 	the 	Board 	to 	subpoena 	the 	documents 	for
inclusion 	in 	his 	case.
In 	considering 	motions 	to 	reopen 	the 	record, 	the 	Board 	has
reviewed 	such 	motions 	in 	the 	form 	of 	a 	request 	for
1Goffredo's 	discrimination 	case 	before 	the 	DFEH was 	closed
on August 	10, 	1992 	based 	on 	insufficient 	evidence.

reconsideration. 	(San Mateo 	Community 	College 	District 	(1985)
PERB 	Decision No. 	543.) 	PERB 	Regulation 	section 	32410 2 provi~es
that 	reconsideration 	may 	be 	granted 	by 	the 	Board 	on 	the 	basis 	of,
inter 	alia, 	"newly discovered 	evidence 	. 	which was 	not
previously 	available 	and 	could 	not 	have 	been discovered with 	the
exercise 	of 	reasonable 	diligence."
In 	his 	motion 	to 	the 	Board, 	Goffredo 	fails 	to 	provide
specifics 	or 	substance 	to 	his 	allegations. 	Further, 	the 	Board
will 	not 	consider a 	bare 	assertion 	that 	more 	documents 	are
available when 	there 	is 	no 	showing 	that 	the 	evidence was
previously unavailable. 	(Los 	Angetes 	Unified 	School 	District
(1989) 	PERB 	Decision No. 	705a.) 	Therefore, 	the 	Board 	denies 	the
request 	to 	reopen 	the 	record. 3
ORDER
The 	motion 	to 	reopen 	the 	record 	in Case 	No. 	LA-CE-3055 	is
DENIED. 	Goffredo 	has 	14 	days 4 from 	the 	date 	of 	service 	of 	this
2PERB 	Regulations 	are 	codified 	at 	California Code 	of
Regulations, 	title 	8, 	section 	31001 	et 	seq.
3Goffredo 	failed 	to 	serve 	the 	District with 	papers
concerning his 	extension 	of 	time 	request 	and 	his 	motion 	to 	reopen
the 	record. 	In 	both 	instances, 	the 	District was 	informed 	of
Goffredo's 	action 	by 	PERB's 	appeal 	assistant. 	As 	no 	objection
was 	made 	by 	the 	District 	to 	the 	extension 	of 	time 	and 	as 	the
District 	filed 	a 	statement 	of 	opposition 	to 	the 	motion 	to 	reopen
the 	record, 	the 	Board 	finds 	no 	prejudice 	to 	the 	District.
4Goffredo 	has 	previously 	been 	granted 	one 	extension 	of 	time
to 	file 	his 	statement 	of 	exceptions. 	At 	the 	time 	Goffredo 	made
his 	motion 	to 	reopen 	the 	record, 	14 	days 	remained 	on 	the
extension. 	As 	good 	cause 	has 	not 	been 	shown, 	the 	Board declines
to 	extend 	the 	filing 	deadline.
2

decision 	to 	file 	exceptions 	to 	the 	ALJ's 	proposed decision with
no 	further 	extension 	of 	time 	to 	be 	granted.
Member 	Camilli 	joined 	in 	this 	Decision.
Chairperson 	Hesse's 	concurrence 	begins 	on page 	4.
3

Hesse, 	Chairperson, 	concurring: 	Based on 	the 	following
discussion, 	I 	would 	deny 	the 	request 	to 	reopen 	the 	record.
Michael 	A. 	Goffredo 	(Goffredo) 	requests 	the 	Board 	to 	reopen
the 	record 	in Case 	No. 	LA-CE-3055 	for 	the 	taking 	of 	further
evidence which 	allegedly 	proves 	that 	the 	Saddleback Community
College 	District's 	witnesses 	committed perjury 	during 	the 	formal
evidentiary 	hearing 	before 	the 	Public 	Employment 	Relations
Board's 	(PERB 	or 	Board) 	administrative 	law 	judge.
PERB 	Regulation 	section 	32320(a) 1 provides:
(a) 	The 	Board 	itself 	may:
(1) 	Issue 	a 	decision 	based 	upon 	the 	record
of 	hearing, 	or
(2) 	Affirm, 	modify 	or 	reverse 	the 	proposed
decision, 	order 	the 	record 	reopened 	for 	the
taking 	of 	further 	evidence, 	or 	take 	such
other 	action 	as 	it _considers 	proper.
In determining whether 	the 	Board 	should 	grant 	or deny 	a
request 	to 	reopen 	the 	record 	in a 	given 	case, 	the 	Board 	has
utilized 	the 	standard 	applied 	to 	requests 	for 	reconsideration
based 	on 	new evidence. 	(See 	San Mateo 	Community 	College 	District
(1985) 	PERB 	Decision 	No. 	543.)
PERB 	Regulation 	32410 	provides 	that 	reconsideration may 	be
granted 	by 	the 	Board 	on 	the 	basis 	of 11 newly 	discovered 	evidence
or 	law which was 	not 	previously 	available 	and 	could 	not 	have 	been
discovered with 	the 	exercise 	of 	reasonable 	diligence. 11 	Applying
this 	standard 	to 	the 	present 	request 	to 	reopen 	the 	record,
1PERB 	Regulations 	are 	codified 	at 	California 	Code 	of
Regulations, 	title 	8, 	section 	31001 	et 	seq.
4

Goffredo 	has 	failed 	to 	provide 	any 	facts 	to 	support 	his 	request
to 	reopen 	the 	record. 	He 	merely 	states 	that 	the 	evidence 	or
information 	is 	located 	at 	the 	Department 	of 	Fair 	Employment 	and
Housing, 	and 	requests 	PERB 	to 	subpoena 	this 	evidence 	or
information. 	As 	Goffredo 	has 	failed 	to 	demonstrate 	that 	the
evidence was 	not 	previously 	available 	or 	could 	not 	have 	been
discovered with 	the 	exercise 	of 	reasonable 	diligence, 	the 	Board
must 	deny 	Goffredo's 	request 	to 	reopen 	the 	record.
As 	a 	result 	of 	the 	Board's 	denial 	of 	Goffredo's 	motion 	to
reopen 	the 	record, 	I 	would 	allow Goffredo 	the 	opportunity 	to 	file
exceptions 	to 	the 	proposed decision. 	Consistent with 	PERB
Regulation 	323002 , 	any 	exceptions 	to 	the 	proposed 	decision 	must
be 	filed 	within 	20 	days 	following 	the 	date 	of 	service 	of 	the
Board's 	decision.
2PERB 	Regulation 	32300(a) 	provides, 	in pertinent 	part:
A party 	may 	file 	with 	the 	Board 	itself 	an
original 	and 	five 	copies 	of 	a 	statement 	of
exceptions 	to 	a 	Board 	agent's 	proposed
decision 	issued 	pursuant 	to 	section 	32215,
and 	supporting 	brief, 	within 	20 	days
following 	the 	date 	of 	service 	of 	the 	decision
or 	as 	provided 	in 	section 	32310.
5