California State University (Watts) (PERB 0457H)

STATE OF CALIFORNIA	STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
HOWARD O. WATTS.
Complainant. 	Case No. LA-PN-50-H
v . 	PERB Decision No. 457-H
CALIFORNIA STATE UNIVERSITY. 	December 10, 1984
Respondent.
Appearance: Howard O. Watts, on his own behalf.
Before Hesse, Chairperson; Tovar and Jaeger, Members.
DECISION AND ORDER
HESSE, Chairperson: This case is before the Public
Employment Relations Board on an appeal by Howard O. Watts of a
Board agent's denial, attached hereto, of his request for
assistance made pursuant to California Administrative Code,
title 8, section 32163.
We have reviewed the Complainant's request and appeal, and
hereby AFFIRM the denial for the reasons set forth in Los
Angeles Unified School District and California State University
(8/16/84) PERB Decision No. 396-H.
Members Tovar and Jaeger joined in this Decision
ph&fax
HOWARD 0. 	WATTS.
Complainant.
v.
CALIFORNIA 	STATE 	UNIVERSITY.
Respondent.
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)
)
)
)
)
)
)
)
_____________________ )
Case 	No. 	LA-PN-50-H
PERB 	Decision No. 	457-H
December 	10, 	1984
Appearance: 	Howard 	O. 	Watts. 	on 	his 	own 	behalf.
Befo~e 	Hesse. 	Chairperson; 	Tovar 	and 	Jaeger. 	Members.
DECISION AND ORDER
HESSE. 	Chairperson: 	This 	case 	is 	before 	the 	Public
Employment 	Relations 	Board 	on 	an 	appeal 	by Howard 	o. 	Watts 	of 	a
Board 	agent's 	denial. 	attached 	hereto. 	of 	his 	request 	for
assistance 	made 	pursuant 	to 	California 	Administrative 	Code.
title 	8. 	section 	32163.
We 	have 	reviewed 	the 	Complainant's 	request 	and 	appeal. 	and
hereby AFFIRM 	the 	denial 	for 	the 	reasons 	set 	forth 	in 	Los
Angeles 	Unified 	School 	District 	and 	California 	State 	University
(8/16/84) 	PERB 	Decision No. 	396-H.
Members 	Tovar 	and 	Jaeger 	joined 	in 	this 	Decision

SSL OF CALIFORNIA	5,· .~ Of Cl\llrO.~NI•\
PUBLIC EMPLOYMENT RELATIONS BOARD
LOS ANGELES REGIONAL OFFICE
34/0 WILSHIRE BIVD., SUITE 1001
LOS ANGELE'S, CALFORNIA 90010
(2131 735-3127
GEORGE DEUXMAEJIAN, Goremar
[>LJBLIC 	Ei\\PLOY1\/1El'1T 	r?ELATIOt'-JS 	BOARD
IC)~.; /,HCEI l:5 r:ECIOl--lAL OrilCl:
:,.1/0 \'IJ!'.,HJ;.:E l\lVD., SUITE 1(>01
l(l:.; J,,~ :Gu.cs. C/- i.JJ'O?NIA 	S•C,('10
(213) 7J:,J12/
ph&fax
March 21, 1984
Mr. Howard O. Watts	Mr. 	Howa.:rc1 	o. 	Watts
1021 	North 	Mariposa Avenue, 	Apt. 	3 	1/2
Los 	Angeles, 	CA 	90029
Mr. Caesar J. Naples, Assistant Vice	Mr. 	Caesar 	J. 	Naples, 	Assistant 	Vice
Chancellor, Employee Relations	Chancellor, 	Employee 	Relations
California State University	California 	State 	University
400 Golden Shore	~00 	Golden 	Shore
Long Beach, CA 90802	Long 	Deach, 	CA 	90802
Re: NOTICE OF DISMISSAL	Re: 	N0'I;1CE 	01"" 	DISMISSl\L
Watts v. California State University; LA-PN-50-H	Watts 	v. 	California 	State 	Univers~t_y;. LA-~PN=50---H
Dear Parties:	Dear 	Parties:
The above-referenced Public Notice Complaint (Complaint) was	Tht~ 	ab.ove-•referenced 	Public: 	Notice 	Complc:tint 	(Complaint) 	was
filed with our office on March 7, 1983. A First Amended	filed 	with 	our: 	office 	on March 	7, 	1983. 	A F'irst 	Arnt•nu.ea
Complaint was filed February 14, 1984, subsequent to a December	Complaint 	\lat~ 	filed 	F'ebruary 14, 	1984, 	subsequerit 	to 	a 	December
1
28, 1983 personal meeting I had with Mr. Watts.	28, 	1983 	personal 	meeting 	I 	had 	with 	Mr. 	Watts. 	The	The
amendment make's new legal argument but fails to allege any new	amendment 	make~ 	new 	legal 	argument 	but 	fails 	to 	allege 	any 	new
facts. For the reasons which follow, all allegations in the	facts. 	For 	the 	reasons 	which 	follow, 	all 	allegations 	in 	the
Complaint fail to state a prima facie violation of Government	Cornp1a:i.lll: 	fail 	to 	s c::-:.i te 	a 	p:,: im:i 	f ac:.ie 	v io2..a t:on 	0£ 	Go-1e:n1me.nt
Code subsections 3595 (a) and (b) 2 and cannot be amended to do	Code 	subsections 	3595{a) 	and 	(b) 2 	and 	cannot 	be 	amended 	to 	ao
so.	so. 	The entire Complaint is, accordingly, hereby dismissed.	The 	entire 	Complaint 	is, 	accoraingly, 	hereby 	aisrnissed~
Allegation No. One: The respondent, California State	Allegation 	No. 	One: 	The 	respondent; 	California 	State
University (CSU) , violated subsections 3595 (a) and (b) by the	Unive.t:s1ty 	(CSff),~violated 	subsections 	3595(a) 	and 	(b) 	by 	the
presentation of its initial proposals at Long Beach and the	presentation 	of 	its 	initial 	proposals 	at 	Long 	Beach 	and 	the
conduct of a meeting for public response to those proposals	conduct 	of 	a 	meeting 	for 	public 	response 	to 	those 	proposals
1
lat that meeting I explained to Mr. Watts the Complaint's	At 	that 	m2eting 	I 	explai.nea 	to Mr. 	Wa.t-:ts 	th2 	Complaint's
deficiencies and the apparent impossibility of perfecting	deficiencies 	and 	the 	apparent 	impossibility 	of 	perfecting
them. However, at his insistence, I allowed time to amend the	them. 	However, 	at 	his 	insistence, 	I 	allowed 	time 	to 	amend 	the
Complaint.	Cor.1plaint.
2
All statutory references are to the Government Code	All 	statutory 	references 	are 	to 	the 	Government 	Coae
unless otherwise specified.	unless 	otherwise 	specifiea.
- --_:_·.-:-...-.-::.-----·--- ------ ·•--·-•·•·---- _..:_:_ . ..::.. 	. -- ---------··· ---··- ··.... :·.·_::::·:,.,·.:=.:-:-::-::...:.:-:

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\'7 at tr; 	Ei 	Nap 1 er;
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Harc11 	21, 	198 11
Pa.9e 	2
only 	at 	San 	Francisco~ 	There 	was 	no 	meeting 	held 	for 	public
only at San Francisco. There was no meeting held for publicresponse 	in 	southern 	California. 	Since 	Mr. 	Watts 	could 	not
response in southern California. Since Mr. Watts could notaffoJ~d 	to 	tr.avel 	to 	San 	Francisco, 	(so0 	cas0 	No. 	LA-P"N-·-48~H)
afford to travel to San Francisco, (see case No. LA-PN-48-H)preswn~bly 	he 	could 	not 	express 	himself 	regarding 	those
presumably he could not express himself regarding thoseproposals.
proposals.
Determination: 	Nothing 	in 	section 	3595 	requires 	the 	public
Determination: Nothing in section 3595 requires the publicmeetings 	for 	presentation 	and 	response 	to 	initial 	proposalr~ 	to
meetings for presentation and response to initial proposals tobe 	held 	at 	the 	same 	location. 	The 	only 	requirement 	of
be held at the same location. The only requirement ofsubsection 	3595(b) 	is 	that 	the 	public 	be 	given 	an 	opportunity
subsection 3595 (b) is that the public be given an opportunityto 	express 	itself 	at 	a 	(i.e. 	one) 	meeting 	of 	the 	higher
to express itself at a (i.e. one) meeting of the highereducation 	ernploy2:r. 	This 	was 	done.education employer. 	This was done.
While 	conaucting 	the 	meeting 	in 	San 	Francisco 	may 	have
While conducting the meeting in San Francisco may have
precluded 	Mr. 	Watts 	from 	attending 	the 	meeting, 	other 	members
precluded Mr. Watts from attending the meeting, other membersof 	the 	public 	would 	no 	doubt 	have 	been 	precluded 	from 	attending
of the public would no doubt have been precluded from attendingif 	the 	meeting 	had 	been 	held 	in 	Long 	Beach. 	In 	other 	words, 	noif the meeting had been held in Long Beach. In other words, no
matter 	where 	an 	employer 	c\ec.i.d2s 	to 	conduct 	such 	meetings,matter where an employer decides to conduct such meetings,someone 	will 	potentially 	be 	inconvenienced. 	This 	is 	especially
someone will potentially be inconvenienced. This is especiallytrue 	with 	respect 	to 	an 	employer 	with 	statewide 	facilities 	such
true with respect to an employer with statewide facilities suchas 	CSU. 	It 	is 	noted 	that 	CSU 	has 	attempted 	to 	mitigate 	this
as CSU. It is noted that CSU has attempted to mitigate thisproblem 	through 	its 	acceptance 	of 	·wr i tl:E:n 	comrnentf3 	from 	the
problem through its acceptance of written comments from thepublic 	as 	inclicc:d:ed 	by 	an 	unmarl:ed 	exhibit 	to 	tbe 	Complaintpublic as indicated by an unmarked exhibit to the Complaint
entitled 	"Corrdnittee 	on 	Collective 	Bargaining 	A92nda 	Item 	I 	for
entitled "Committee on Collective Bargaining Agenda Item I for~-· 	"'·'n 	•),, 	2[;'. 	1981
March 24-25, 1981. "3
1-·1a,_c_ 	,,.~- 	::>, 	.. 	• 11 3
Subsection 	3595(b) 	does 	not 	require 	the 	higher 	education
Subsection 3595 (b) does not require the higher educationemployer 	to 	schedule 	meetings 	in 	both 	northern 	and 	southern
employer to schedule meetings in both northern and southernCalifornia, 	nor 	does 	it 	require 	that 	the 	meeting 	conducted 	for
California, nor does it require that the meeting conducted forpublic 	response 	be 	held 	at 	the 	same 	location 	as 	the 	meeting 	at
public response be held at the same location as the meeting atwhich 	the 	initial 	pro:posals 	WE.,re 	presented. 	CSU' s 	internal
which the initial proposals were presented. CSU's internalpolicy 	implementing 	the 	statute 	appears 	to 	be 	a 	reasonable
policy implementing the statute appears to be a reasonableaccommodation 	to 	its 	statewide 	constituency. 	It 	is, 	therefore,
accommodation to its statewide constituency. It is, therefore,_found 	that 	this 	allegation 	aoes 	not 	constitute 	a 	violation 	of
found that this allegation does not constitute a violation of
subsections 3595 (a) or (b) .subsections 	3595(a) 	or 	(b).
3This is CSU's internal procedure implementing section3This 	is 	CSU's 	internal 	proc~dure 	implementing 	section
3595. 	See 	California 	Administrative 	Code, 	title 	5, 	section
3595. See California Administrative Code, title 5, Section43725.43725.

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Watt~: 	Et 	Napler:,
Ll\. -· P.N ... ~> 0 ·-·H
Mcu~ch 	?.l, 	19BI!
Page 	3
Allegation No. 	Two: 	The 	February 	9, 	1903 	meeting 	of	Allegation No. Two: The February 9, 1983 meeting of CSU's 	CStJ 1 s
committee on collective bargaining was not an appropriate	COJn1fl.1.L.	' - - -, -• ·- ·t· ,.,_ on 	. ·t 'l C:-.-.::.C.'	0c 	t· ." 	-c.., 	\. ·- -· . c i . • . 	' '	.J.V .... 	Ud1.ga .. 111ng 	,.,,1..:,c- 	llOC	• 	' 	c1n	• 	~-f>}_.>:COp_	·1 . . . 	"	
C(J . .. 	r' lace	• • ..._
meet 	of 	the 	h 	education 	becau:::e 	the 	com.mi 	tee,	meeting of the higher education employer because the committee,	in.g 	ighe1: 	cmployT:r.· 	t
being 	composed 	of 	staff 	rather 	than 	trustees, 	cannot 	tflke	being composed of staff rather than trustees, cannot take
"official action."	"official 	action.n
The Complaint goes on to argue that Education Code section	The 	Complaint 	goes 	on 	to 	argue 	that 	Education 	Code 	section
89035 precludes the board of trustees from delegating the	89035 	precludes 	the 	boara 	of 	trust0.0.s 	fLorn 	delegating 	the
authority for conduct of such meetings to the committee onauthority 	for 	conduct 	of 	such 	rn0e:tin9s 	to 	the 	co:;n;ni ttee 	on
collective bargaining.	collective 	bm.:·gainin9 ~
Determination: 	Subsection 	3562(h) 	defines 	"higher 	educationDetermination: Subsection 3562 (h) defines "higher education
employer" as follows:	employer" 	as 	follows:
"higher	(h)	(h) "Employer" or "higher education	"Employer" 	or 	eaucation
employer» 	means 	the 	regents 	in 	theemployer" means the regents in the case of case 	of
the University of California, the directors	the 	University 	of 	California, 	th2 	directors
in 	the 	case 	of 	Hastings 	College 	of 	Lnw, 	and	in the case of Hastings College of Law, and
the Trustees in the case of the California	the 	Trustees 	in 	the 	case 	of 	the 	California
State University and Colleges, including any	Stat0~ 	University 	and 	Collc--:-9es, 	il~S:J.:~~-~]t1_1_9__;!DY
per_son __ actin9	person acting as an agent of an employer.	as_ an 	agent 	of_ an 	e~Jl~e_r.
(Emph~sis 	added.)	(Emphasis added.)
Black's Law Dictionary, Fifth Ed., defines "agent" in the	Black's 	Law 	Dictionary, 	Fifth 	Ed~, 	ae~ine?:. 	11 a~,ent" 	:i.n 	th~
following manner :	follo~ing 	manner:
person 	authorized 	another 	'coAgent. A person authorized by another toAg_f!l~t. 	A 	by
act for him, one intrusted with another's	act 	for 	him, 	one 	int::rusted 	with 	c.1noth2:r:'s
busines!::;.. 	(Citation 	omitted.} 	One 	whobusiness. (Citation omitted.) One who
represents 	and 	acts 	for 	another 	under 	therepresents and acts for another under the
contract 	or 	relation 	of 	agency. 	A businesscontract or relation of agency. A businessrepresentative, 	who~e 	function 	is 	to 	bringrepresentative, whose function is to bring
about, 	modify, 	affect, 	accept 	p2:rforrnanc2
about, modify, affect, accept performanceof, 	or 	terminate 	contractual 	obligationsof, or terminate contractual obligations
between 	principal 	and 	third 	persons. 	Onebetween principal and third persons. one
who undertakes to transact some business, orwho 	undertakes 	to 	transact 	some 	business, 	or
to 	manage 	some 	~ffair 	for 	another, 	by 	theto manage some affair for another, by the
authority 	and 	on 	account 	of 	the 	latter, 	and	authority and on account of the latter, and
to 	render 	an 	account 	of 	it. 	One 	who 	acts	to render an account of it. One who acts
for or in place of another by authority from	for 	or 	in 	place 	of 	c:i.nother 	by 	authority 	from
him; 	a 	substitute, 	a 	deputy, 	appointedhim; a substitute, a deputy, appointed by by
principal 	with 	power 	to 	do 	the 	things 	whichprincipal with power to do the things whichprincipal 	may 	do. 	One 	who 	deals 	not 	onlyprincipal may do. One who deals not only

Watts & Naples
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with things, as does a servant, but with	with 	things, 	as 	does 	a 	servant, 	but 	with
persons, using his own discretion as to	persons, 	using 	his 	own 	discretion 	as 	to
means, and frequently establishing	means, 	and 	fr~quently 	e~lablishing
contractual relations between his principal	contractuaJ. 	rel.ations 	between 	his 	principal
and third persons.	ana 	third 	persons.
The above-specified functions which an agent may perform on	The 	above-specified 	functions 	which 	an 	agent 	may 	perform 	on
behalf of a principal are certainly broad enough to encompass	behRlf 	of 	a 	principal 	are 	certainly 	broad 	enough 	to 	encompass
the functions of the committee on collective bargaining	thEi 	functions 	of 	tbE:) 	committee 	on 	collective 	b~,r~Ftin:i.n9
pursuant to subsections 3595 (a) and (b) .	pursuant 	to 	subsections 	3595(a) 	and 	(b).4
Education Code section 89035 provides:	Education 	Code 	section 	89035 	provides:
Wherever in this code a power is vested in	Wher.eve:r~ 	in 	this 	code 	a 	po\·JEX: 	is 	vesteu 	in
the trustees, the trustees by majority vote	the 	trustees, 	the 	trustees 	by 	majority 	vote
may adopt a rule delegating such power to	may 	adopt 	a 	rule 	delegating 	such 	power 	to
any officer, employes or committee as the	any 	officer, 	employee 	or 	committee 	as 	the
trustees may designate.	trustees 	may 	designate.
Subsection 5(h) of article VI of the Rules of Procedure of CSU's	Subsection 	5(h) 	of 	article 	VI 	of 	the 	Rules 	of 	ProceJure 	of 	CSU's
board of trustees provides as follows:	board 	of 	trustees 	provides 	as 	follo~s:
,·
(h)	(h) . Committee on Collective Bargaining	~ 	Corn,-rt:i.tteE: 	on 	Collectiv(_:: 	Bargaining
The Committee on Collective Bargaining Shall	'l'he 	Commith~c-~ 	Co1lect:i.ve _BargaiD:inq 	r...;hall
have delegated authority to act for the	have 	delegated 	authority 	to 	act 	for 	the
Board of Trustees in order to comply with	Board 	of 	Trustees 	in 	order 	to 	comply 	0ith
the requirements of the Higher Education	the 	re~irements 	of 	the 	Hi9hr~r. 	EcJucation
Employer Employee Relations Act (HEERA)	Ernplqye r-Ernploy_c=f.:- Re lat ions 	Ac'l: . (B.R0;:RA)
(including section 3595) and implement the	(including 	sect.ion 	359 5) 	.?.!.!9. .:~.!~J?}.':0.:C~~-r1~S: _!:_!:)_~
collective bargaining policy of the board of	E_OJ_}c~_S;ti_y_§:_ 	ba~gaining 11olicy .. of 	the 	Board 	of
Hzitts 	t 	Naple[;
LA-·PN--'.5 0- I-I
l-iarch 	21, 	198'1
Pugo 	'1
on_
~Mr.	Mr. Watts implies that since the Los Angeles Unified	Watts 	implies 	that 	since 	the 	Los 	Angeles 	Unified
School District (LAUSD) board of education and the Los Angeles	School 	District 	(LAUSD) 	board 	of 	education 	ana 	the 	Los 	Angeles
Community College District (LACCD) board of trustees themselves	Community 	College 	District 	{LACCD) 	board 	of 	trustees 	them~elves
conduct these meetings, the instant board of trustees must do	conduct 	th2se 	meetings, 	the 	instant 	board 	of 	trustees 	must 	do
so.. However, the definition of employer under the Educational	However, 	the 	definition 	of 	employer 	under 	the 	Educational
Employment Relations Act (Government Code section 3540 et seg. )	Employment 	Relations 	Act 	(Government 	Code 	section 	3510 	ct 	seq.)
to which LAUSD and LACCD are subject, has an employer	to 	which 	LAUSD 	ana 	LACCD 	are 	subject, 	has 	an 	employer
definition	definition distinguishable from subsection 3562 (h) . Further,	distinguishable 	from 	subsection 	35G2(h). 	Further,
PERB has never found that those governing boards must perform	PERB 	has 	nev2r 	found 	that 	those 	governing 	bonras 	must 	perform
these functions as a matter of law. Hence, what LAUSD and	these 	functions 	as 	a 	mnt ter. 	of 	law. 	Hence, 	what: 	I,KrJ;',;n 	c:rnd
LACCD do with respect to public notice is irrelevant.	LACCD 	do 	with 	respect 	to 	public 	notice 	is 	irrcl0vant.

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Trustees. The delegation to the Committee	Trur;t:ees. 	'I'he 	cfolega.t:ton 	to 	the- 	CornH!i'ctoe
on Collective Bargaining includes, but is	on 	Collective 	Bargaining 	includes, 	but 	is
not limited to, authority to negotiate	not 	limited 	to, 	authority 	to 	ne9oti2te
memoranda of understanding pursuant to thememoranda 	of 	understandin0 	pursuint 	lo 	the
policies of the Board of Trustees. The	policies 	of 	the 	Board 	of 	Trustees~ 	The
Committee on Collective Bargaining shall	Comrni'ct:ee 	on 	Collective 	B2irga:i.n:i.n9 	::;h«11
submit periodic progress reports to the	submit 	periodic 	progress 	~eports 	to 	the
Board 	of 	Trustees 	on 	matters 	pertaining 	to	Board of Trustees on matters pertaining to
collective bargaining and actions which it	collective 	bargaining 	and 	actions.which 	it
has taken. (Emphasis supplied.)	h w<> S 	·•-L<">.J	··,k"'r'l	c ... ., 	(t',rtp'	.C.1 ... ~ ..,..ud··....r:•,..i..u	-: "' 	._;,.	..--1.1np·	J:' 	l~ ..··, C(J o }
The above plainly permits the board of trustees to delegate to	The 	above 	plainly 	permits 	the 	hoard 	of 	trustees 	to 	delegate 	to
the committee on collective bargaining authority to act in the	the 	co~mittee 	on 	collective 	bargaining 	authority 	to 	act 	in 	the
realm of collective bargaining, including the public notice	realm 	of 	collective 	bargain:i.ng, 	including 	thE~ 	public 	not.ice
requirements of section 3595.5	requirements 	of 	section 	3595.5
As to Mr. Watts' allegation that a committee composed entirely	As 	to 	r,1r .. 	Watts' 	alle9ation 	that 	a 	conmdttee 	composed 	entirely
of staff cannot take "official action," this argument is	of 	staff 	cannot 	take 	"official 	action, n 	this 	argument: 	is
also irrelevant. The Complaint alleges only that subsections	also 	irrelevant. 	The 	Complaint 	alleges 	only 	that 	subsections
3595 (a) and (b) were violated. Unlike subsection (c), these	3595 (a) 	and 	(b) 	were 	vi.ol<.tted. 	UnlikC:-; 	subss-c-:tion 	(c), 	ther::c~
subs':.:ctions 	do 	not 	requ:trc:'! 	the	subsections do not require the committee to take any action.	comrnH:l-.e:,e 	to 	take~ 	c1ny 	c:1ctior1.
They require only the holding of a meeting open to the public,	They 	require 	only 	the 	holding 	of 	a 	meeting 	open 	to 	the 	public.
This was done.	This 	W3S 	done. 	Hence, this allegation is also without merit.	Hence, 	this 	allegation 	is 	also without 	merit.
'L,·1111· C.'	
• J. - •··-' c'"tJ __·1,::_,,·,·~'-·
Allegation No. Three:	l 	·1·	.:.,}--~---~-	J r->C 1 a·1 	,...._.._	L---~-:~J.1 	No	~1 ;;~....
,.l.'l1r,-:.,-,..	___ -·c eo 	This allegation, raised for the first.·L('!c 	, ••.l!tC'('.,,:l	
.. U 	~or 	'··'11c, 	r.r:· 1' -,-,-~'-	.-._;~,ci.t.. v i 1 	J~<- . .. :, 	L 	L 	,,.. 	.J . •• L
time in the first Amended Complaint, is that CSU violated	tim,:: 	in 	the 	first 	AmendE~d 	C01npla:i.nt, 	is 	that 	CSU 	violatc~d
Government Code section 11120 et seq., the so-called "state	Gov2rnment 	Code 	section 	11120 	et 	seg., 	the 	so-called 	"state
open 	meeting 	act."	open meeting act."
Determination: PERB does not administer the open meeting act.	Determination: 	PERB 	aoes 	not 	adrninist:e:r 	the 	open 	meeting 	act.
1'~r.	l..7 	r,r-~, t·c•	,w 	aJ.F]...,	na C 	f" 	..., 	t 0 	exc•·r·;, 1__ fl..lD	. _. 	h. QF!,. 	,-·c-.	u~•.C t.lOllV 	] ....•	"l] 2 l~J 	e,l·~ ..r.•r.,r	,,;:.-J. 	h.a.:."'Mr. Watts fails to explain how section 11120 et seq. has been i."'	JJ,.:.cen
violated, much less how such a violation would also constitute	violat:ca, 	much 	less 	how 	snch 	a 	violc::1.tior1 	would 	also 	constitute
a violation of section 3595. In any event, the opening meeting	a 	violation 	o{ section 	3595. 	In 	any 	ev2ntr 	tht~ 	opening 	meeting
act does not appear to in any manner buttress Mr. Watts'	act 	does 	not 	appear 	to. 	in 	any 	rnanne:r 	buttrer-;;s 	Mr. 	Watts'
arguments 	dismissed 	above.	arguments dismissed above. 	Thus, this allegation, too, lacks	Thus, 	this 	allegation, 	too, 	lacks
merit.	merit.
\Ii.! t U.; 	& l'Japlc:s
LA·-PN····50-If
Mcl r c L 	2 1 , 	19 fJ 4
Paqe 	5
5
The fact that Mr. Watts can find no appellate decisionsThe 	fact 	that 	Mr. 	Watts 	can 	find 	no 	appellate 	aecisions
allowing 	the 	board 	of 	trustees 	to 	aelegate 	this 	~uthority 	to	allowing the board of trustees to delegate this authority to
the committee on collective bargaining does not decide, nor	the 	committee 	on 	collective 	bargo.inin9 	does 	not 	decide, 	nor.
even 	imply, 	that 	such 	delegation 	is 	improper.even imply, that such delegation is improper.

Watts & Naples
LA-PN--50-II
March 21, 1984
Page 6
REQUEST FOR ASSISTANCE
Mr.	Mir. Watts has filed PERB form GC-5 requesting assistance with	Watts 	has 	filed 	PERB 	form 	GC-5 	requesting 	assistance 	with
his Complaint. A cover letter to the request states that he	h .:L'-'._.,. Cc1i·1•·J:	1·01~1·r1·~-	'=--.. . 	L ~ 	1"t). 	c-ov·•·I·	, 	C. 	....le,'('"',•,::,,,•	\..,.. -• ,_..__..t.,. 	'-co 	tl·1{C•~-- 	J
''('',..Jll'-'•'-''l·	.. --'-~L .-C~,.~ • 	,J
c•{··i'··,:,c-	\--C. .. I..,~•~• 	th·,i-	CJ. t., 	\.l_c,	l ~-
hopes that he will not " .	hopu; 	that 	he 	vlill 	not 	11 	.... 	have 	to 	appcc11 	this 	rcqueGt 	for
.Assistance since (he) did qualify for this Assistance in theA<-;... sl 1' ....
r:: ·)•\,, ;,1·1c·	.. 	e·:• 	C'	-! 	0 ..•l ···1c i;:.:;:
c., 	( 1·1 	.: have to appeal this request for1 	c,:, ) 	a _1' c·1· 	c,u	:l 	'~---, 1 	7\	. J... .\.,Fu	_ 	1"'or	- 	{-...... '11. .'L •··•:~ .l.. J. "s·	1-..> •
1·- ,_,,
{.' ,L....c~ nn....... r:,~ 	1· n 	t· 1
(1 ,,:,..	1
past." While it is true that Mr. Watts financially qualified	Pc·1c·t	,_, 	• II 	•r171·1,·L	-'-· "-...... 	J''c	. 	)'c:·	.0 	t·r·t1~,	. c. 	'·l~·,1-	L 	~",· 	",1
	..,c,-.. 1'11- • 	~·1c-1t·'-~	\..,. 	f':ir1···r·c;1'·-.1·Lv	.. .., n J ··--<'--- . .l 	(;ill"'l-i£:-j,,,;i	:, c1- .... J.• -"'-U
for Board assistance in prior cases, PERS denied his requests	f -.,...,.,,. 	1'•c·,.,,·c] .,.,-,·•·i c:-•,11r-e 	1·1·1 1·,"'1•0,~ 	c•·>~tc·(o,	o. :::, 	PFrH:>	x·,.u 	c:",_
	1
	: '-, ,_ 	,_, - c, ~ 	n ..-, ~-, .,. ,::, ~ w 	" 	- 	; J. - 	,_ 	C ,:, , 	.. _..., 	,·•1"ir.('.l	l -- ,. - 	1---1·	.J ·••
c•:, 	,.
,-,:,ul''->,....{·c•	~- J. l (_, c:, l.. ,c.>
for assistance in those cases because Mr . Watts had already	for 	~ss1stnnce 	1n 	th~se 	c~ses 	because.Mr. 	Watts 	hacl 	a~~eady
received the level of assistance required by Board policy.	received 	th8 	l0vel 	ot 	assistance 	required 	by 	Board 	policy. 	For	For
the same reason, the instant request must also be denied.	the 	same 	reason, 	the 	instant 	request 	mus~ 	also 	be 	denied.
In Los Angeles Community College District (12/15/81) PERB Order	In 	Lo::-:, ll.n_gyle8 5ormrmnisr .. ~ol_le.5y: -~is_trict 	(12/lS/81) 	P~~;RH 	O:cder
No.	No. Ad-119, Los Angeles Community College District (12/15/81)	Ad-119, 	Los 	Angeles 	Community 	College 	District 	(12/15/81)
PERB Decision No. 186 and Los Angeles Unified School District	PERR 	Dc,cision 	No • ..,186 	and 	Los 	A11q1cd.es 	U:r1:i:Li.ed 	School 	District
(2/22/82) PERS Decision No. 18la, the Board itself affirmed the	(2/22/82} 	PERB 	Decision 	No& 	181a: 	the 	Boi::.rd 	itself 	aff irrned · the
regional director's denial of Mr. Watts' requests for	regional 	director's 	denial 	of 	Mr. 	Watts' 	requests 	for
assistance. PERB regulation 37030 (now regulation 32920) was	assistance. 	PERB 	re9ula-tion 	37030 	(now 	:re9ulation 	32920} 	was
then the only regulation which addressed the assistance to be	then 	the 	only 	regulation 	which 	addressed 	the 	assistance 	to 	be
given public notice complainants. The Board itself stated that	given public 	notice 	complainants. 	The 	Doara 	itsslf 	stated 	that
that_regul~tion	that regulation required that a public notice complainant	re~uired 	that 	a 	p~blic_not~ce 	co0plainant
receive only technical (as opposed to legal) assistance.	rec0J.ve- 	only 	tecbr11cal 	(as 	opposed 	to 	.Le9tLl.) 	assJ.stnnc2 ~
\-h1 t U_: 	t 	N,1pl0::;
J.A-PN-·~iO--II
Hctr-c:h 	7.1, 	19 n1
Pz19,: 	G
Effectiva	Effective September 20, 1982, public notice complainants were	September 	20, 	1982, 	public 	notice 	complainants 	were
pl2c0d	placed under PERS regulation 32163, which had previously	unclr:>r. 	pj,;RH 	regulation 	32163, 	,,.1hich 	hac1 	pre·viously
applied only to charging parties in unfair practice cases.	applied 	only 	to 	cha;:ging 	partic:3 	in 	unL-·d.r 	pi:,:.ic:ticE.~ 	car:-r~s.
As	As Mr. Watts suggests, that regulation provides as follows:	Mr. 	Watts 	suggests, 	that 	regulation 	provides 	as 	follows:
32163. Board Assistance. If a party is	32163. 	Board Assistance. 	If 	a 	party 	is
unable to retain counsel or demonstrates	unable 	to t·e-ta:in--C{J·unsel or. 	demm:1st.rat0s
extenuating circumstances, as determined	extenuating 	circumstances, 	as 	determin2a
by the Board, a Board agent may be assigned	by 	the 	Board, 	a 	Board 	ngent 	may 	be 	assigned
to assist the party in accordance with	to 	assist 	the 	party 	in 	accordance 	with
Board policy.	Boa:ca 	policy.
As I have previously advised Mir. Watts, there presently exists	As 	I 	have 	previously 	advised 	Mr. 	Watts, 	there 	presently 	exists
no different Board policy delineating the assistance to be	no 	different 	Board 	policy 	delineating 	the 	assist<lnce 	to 	be
given under regulation 32163. Mr. Watts has already been	given 	under 	regulation 	32163. 	Mr. 	Watts 	has 	already 	been
provided the same manner of assistance the Board found to be	provided 	the 	same 	mann2~ 	of 	assistance 	the 	Board 	found 	to 	b2
appropriate in the above-cited decisions. Although those	appropriate 	in 	the 	Dbove-citea 	aecisions. 	Although 	those
decisions were issued prior to regulation 32163 becoming	decisions 	were 	issued 	prior 	to 	regulation 	32163 	becoming

Watts & Naples
LA- PN-50-HI
March 21, 1984
Page 7
\'-1 c1 Lt r~ 	~·~ 1-J ~ll? le~~:;
Ll\- PH-~.>0-·ll
Mc,t'Ch 	?.l, 	19[l,1
Pz,9e 	7
re levc:,n t 	to 	public 	not ic(:~ 	r.equc-~s t:s 	con~; t
relevant to public notice requests, they constitute the onlyr 	they 	:i tu te 	'che 	only
Boar<l 	policy 	regarding 	the 	appropriate 	extent 	of 	Board
Board policy regarding the appropriate extent of Board	ass i :,; t,Jncct.assistance.
furtherIn the absence of any further direction from the Board itselfIn 	the 	absenc~ 	of 	nny 	direction 	from 	the 	Board 	itself
as 	to 	the 	assistDnce 	to 	be 	9rantea 	a 	public 	notice 	comp].oin~nt,as to the assistance to be granted a public notice complainant,
it is determined that, for the reasons stated above, Mr. Watts'it 	is 	determined 	that, 	for 	the 	reasons 	stated 	above, 	Mr. 	W2tts 1
request 	for 	assistance 	must 	be 	DENIED.request for assistance must be DENIED.
Based 	upon 	my 	investigzi.tion 	of 	t:h0 	instant 	Cc>rnpla:lnt 	and 	th'c.'~
Based upon my investigation of the instant Complaint and theabove 	rationale, 	it 	is 	determined 	that 	none 	of 	the 	c:il.Jegations
above rationale, it is determined that none of the allegationsrnade 	by 	Mr. 	Watts 	state 	a 	prima 	facie 	violation 	of 	Governmentmade by Mr. Watts state a prima facie violation of GovernmentCode 	subsections 	3595(a) 	or 	(b}. 	They 	cannot 	be 	amenaea 	to 	doCode subsections 3595 (a) or (b) . They cannot be amended to do
so. 	Accordingly, 	they 	ar0 	hereby 	DISMISSED 	without 	further
so. Accordingly, they are hereby DISMISSED without further
leave 	to 	amend~ 	Moreover, 	Mr. 	Watts• 	request 	for 	further
leave to amend. Moreover, Mr. Watts' request for furtherassistance 	in 	this 	matter 	is 	also 	hereby 	DENIED.assistance in this matter is also hereby DENIED.
Pursuant 	to 	PERB 	re9ulaU.on 	32925, 	Mr. 	Watts 	may 	appr~al 	the
Pursuant to PERB regulation 32925, Mr. Watts may appeal thedismissal 	to 	the 	Boara 	itself 	as 	follows.dismissal to the Board itself as follows.
Right to Appeal
.i::-'t.--:c._...	')]
An appeal of this decision pursuant to PERR regulation 32925~·;..'l\ 1-l 	C.i.j:	., ,-}r -- 	o.r;JO# ¾·}11· r•	,._ 	. ,._·.:, 	c"'.! c.:c.c 1· s~ 1·- on 	l")ll	J:: 	..I. ..(.'_. ll CA'"rl- '·- 	t-- ~) Y),,'RT'	J_J 	). t.:.•·,erJ u] _(:at.·• -i C'"	>.U. ..)? ')	t., 	~\.. 	.t 	u..~ 	. 	L. 9 2.j .)
r-
may 	be 	mad0 	v-Ji'<:hin 	20 	caJ.enaar 	da.yr; 	followin9 	th<::-:- 	dr:tte 	ofmay be made within 20 calendar days following the date of
service of this decision by filing an original and five copies
c:• (~ ,. \)' 	<'.• 	ro 	1.· 	J-· 	(f	... > _ 	.CJ	
.t_ 	·-
,• (';''·	_.. -· 	0 r- 	t~1 i 	c·1"' 	1' c; •M
i v··n l->Y	.. 	.I...	
-~ 1· .L 	r1n 	.. l n 	() 	·j ~J ·i·'-· r1"	::J 	(,J..
,l 	.. , ,, ('	.L 	_t -- .....- 	C.\..~ 	·- 	t........ 	. ., 	~ C. 1 \ .,l 	.. 1· v· '---
,.., 	C"<')1.·)	,J'- J";' J.,t.,	
·i ., ,.,•>
of 	a 	stateraent 	of 	the 	facts 	upon 	which 	the 	appe~l 	~s 	based 	withof a statement of the facts upon which the appeal is based with
the 	Board 	itf,'.'!lf 	at 	1031 	18th 	Street,. 	Suite 	200, 	Sac:ca.m~::nto,the Board itself at 1031 18th Street, Suite 200, Sacramento, concurrentlyCalifornia 95815. Copies of any appeal must be concurrentlyCalifornia 	95815. 	Copies 	of 	any 	appeal 	must 	be
served 	upon 	all 	parties 	and 	the 	Los 	Angeles 	regional 	office.served upon all parties and the Los Angeles regional office.Proof 	of 	service 	pursuant 	to 	regulation 	32140 	is 	required.Proof of service pursuant to regulation 32140 is required.
Very 	tr~ly 	yours,Very truly yours,
Frances 	A. 	KreilingFrances A. Kreiling
Regional Director?-9.g.J.,.o.:o,:i. 1 	Dir CC t Or
.
/c;:f_- re- . 0,~t-~'----:-·-------.Robert 	R. 	DergesonkoDerC K. BeLyesun
Sr. 	RepresentativeSr. Representative
7
RRB:bw	RRB : bw