City and County of San Francisco (PERB Dec. No. 1890M) (Issued 3/12/07)
This is one of the first cases addressing whether a local rule is “reasonable” under the MMBA. The Board discussed the “reasonableness” standard in broad terms; finding that a local agency has discretion in adopting local rules as long as they do not “frustrate the declared policies and purposes of the MMBA.” In this case, the Board held that the impasse procedure set forth in the City Charter was not unreasonable on its face.
This case is helpful in setting forth the general legal standards for determining whether a local rule is reasonable. However, this case did not appear to be that difficult for the Board. As more of these cases reach the Board’s docket, look for more difficult issues to arise.