Richland Elementary School District (PERB A036E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
RICHLAND 	ELEMENTARY 	SCHOOL 	DISTRICT,
Employer, 	APPELLANT,
and
CALIFORNIA 	SCHOOL EMPLOYEES 	ASSOCIATION,
CHAPTER 	39,
Employee 	Organization.
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Case 	No. 	LA-UC-14
PERB 	Order 	No. 	Ad-36
Administrative Appeal
May 30, 	1978
Appearances: 	Frank 	J. 	Fekete, 	Attorney 	(School 	Legal 	Service 	of
Kern 	County) 	for 	Richland Elementary 	School 	District;
Carl 	B. 	A. 	Lange, 	III 	(Schools 	Employer-Employee 	Relations 	Service)
for 	Richland 	Elementary Sc½ool 	District; 	Robert 	M. 	Baker 	for
California 	School 	Employees 	Association, 	Richland 	Chapter 	39.
Before: 	Giuck, 	Chairperson; 	Gonzales 	and Cossack Twohey, 	Members.
OPINION
This 	administrative 	appeal 	is 	from 	a 	determination 	by 	the
executive 	assistant 	to 	the 	Board 	that 	Richland 	Elementary 	School
District's 	appeal 	from 	a 	hearing 	officer's 	proposed 	decision 	was
filed 	untimely.
The 	appeal 	of 	the 	proposed 	decision 	has 	nevertheless 	been
considered 	and 	disposed 	of 	by 	the 	Board 	itself. 	Richland 	Elementary
School 	District 	(9/12/77) EERB 	Decision 	~o. 	26. 	The 	question 	now
before 	us 	is 	therefore 	moot.
ORDER
The 	appeal 	from 	the executive 	assistant 	to 	the 	Board's
determination 	that 	the 	exceptions 	to 	the 	proposed 	decision 	were
untimely 	filed 	by Richland 	Elementary 	School 	District 	is 	dismissed
because 	the 	issue 	raised 	by 	the 	appeal 	is 	moot.
UJA.k
By: 	By:
By:

STATE
OF
CALIFORNIA
EDUCATIONAL 	EMPt.OYMENT
	RELATIONS
	BOARD
Headquarters Office
923 	12th Stret?t, Suite 201
Sacrcmento, Cclifcrnia 	95814
(916) 322-3088
August
	17,
	1977
~
!ECEllVE
JD
AUG
2 2
1977
KERN COUNTY
SCHOOLS
LEGAL SERVICE	
Mr.
	Frank
J.
	Fekete
Schools
Legal
Service
of
Kern County
5801 Sundale Avenue
Bakersfield,
	CA
	93309
Re:
	Richland
Elementary
School
District,
	U-UC-14
Dear
Mr.
	Fekete:
filed	
This	
letter
will
acknowledge
	receipt
	of
	the exceptions
	by
Richland
	Elementary School
District
	in
	the
above-captioned
case.
Unfortunately,
	your
documents were
not 	timely
	filed
	pursuant to
California
Administrative
Code
Section
33380.
received
	Our
	records
	indicate 	that
	the
	proposed
decision
was
	in
your
office
	~n
July
25, 	1977.
	Section
33380
	states
	that
	a
	party
may
	file
calendar
	days
	after
exceptions to 	the
proposed
decision within
seven
receipt
of 	the
proposed
decision.
	Your
	exceptions
were due
	to
be
were
not
	actually
	filed
	on
or before
August
1,
	1977. 	The
exceptions
filed 	until
August
	3, 	1977.
exceptions	
As a
	result
	of
	this 	failure
	to 	timely
	file,
	the enclosed
cannot
	be
	submitted 	to 	the
Board
	itself
	for 	consideration. 	Please
	be
advised
	that
while
	there are
no
	rules
	to
	this
	effect~
	you
	are
welcome
itself.
	Should
to
	appeal
	this rejection
of your
	filing
	to 	the
	Board
you choose 	to
	do
	so,
	your appeal should be
	filed
	in
	this office
	on
	or
before
	seven
calendar
	days from
receipt
	of
	this
	communication.
Sincerely,
~
o3
~	
Stephen Barber
Executive Assistant
to 	the
	Board