City of Brea (PERB 2083M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
DERRICK J. COFFMAN,
Charging Party,
V.
CITY OF BREA,
Respondent.
Case No. LA-CE-446-M
PERB Decision No. 2083-M
December 9, 2009
Appearances: Derrick J. Coffman, on his own behalf; Filarsky & Watt by Steve A. Filarsky,
Attorney, for City of Brea.
Before Dowdin Calvillo, Acting Chair; McKeag and Wesley, Members.
DECISION
DOWDIN CALVILLO, Acting Chair: This case is before the Public Employment
Relations Board (PERB or Board) on appeal by Derrick J. Coffman (Coffman) of a Board
agent's dismissal of his unfair practice charge. The charge alleged that the City of Brea (City)
violated the Meyers-Milias-Brown Act (MMBA) 1 by discriminatorily refusing to hire
Coffman. The Board agent dismissed the charge for lack of standing, untimeliness, and failure
to state a prima facie case of discrimination.
The Board has reviewed the dismissal and the record in light of Coffman's appeal, the
City's response to Coffman, and the relevant law. Based on this review, the Board dismisses
Coffman's appeal for failure to comply with PERB Regulation 32635(a)2 as discussed below.
DISCUSSION
PERB Regulation 32635(a) states, in relevant part, that an appeal of a dismissal must:
1 MMBA is codified at Government Code section 3500 et seq.
2 PERB regulations are codified at California Code of Regulations, title 8, section
31001 et seq.
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
DERRICK J. COFFMAN,
Charging Party, 	Case No. LA-CE-446-M
V . 	PERB Decision No. 2083-M
CITY OF BREA, 	December 9, 2009
Respondent.
Appearances: Derrick J. Coffman, on his own behalf; Filarsky & Watt by Steve A. Filarsky,
Attorney, for City of Brea.
Before Dowdin Calvillo, Acting Chair; McKeag and Wesley, Members.
DECISION
DOWDIN CALVILLO, Acting Chair: This case is before the Public Employment
Relations Board (PERB or Board) on appeal by Derrick J. Coffman (Coffman) of a Board
agent's dismissal of his unfair practice charge. The charge alleged that the City of Brea (City)
violated the Meyers-Milias-Brown Act (MMBA)' by discriminatorily refusing to hire
Coffman. The Board agent dismissed the charge for lack of standing, untimeliness, and failure
to state a prima facie case of discrimination.
The Board has reviewed the dismissal and the record in light of Coffman's appeal, the
City's response to Coffman, and the relevant law. Based on this review, the Board dismisses
Coffman's appeal for failure to comply with PERB Regulation 32635(a) as discussed below.
DISCUSSION
PERB Regulation 32635(a) states, in relevant part, that an appeal of a dismissal must:
MMBA is codified at Government Code section 3500 et seq.
2 PERB regulations are codified at California Code of Regulations, title 8, section
31001 et seq.

(1) 	State the specific issues of procedure, fact, law or
rationale to which the appeal is taken;
(2) 	Identify the page or part of the dismissal to which each
appeal is taken;
(3) 	State the grounds for each issue stated.
"[C]ompliance with regulations governing appeals is required to afford the respondent
and the Board an adequate opportunity to address the issues raised, and noncompliance will
warrant dismissal of the appeal." (California State Employees Association (Myers) (1992)
PERB Decision No. 942-S.)
Appeals that state nothing more than the charging party appeals the dismissal of the
unfair practice charge have historically been dismissed by the Board for failure to comply with
PERB Regulation 32635(a). For example, in United Teachers 	Los Angeles (Glickberg)	- L
(1990) PERB Decision No. 846, the Board dismissed an appeal that stated in its entirety:
"Claimant David Glickberg hereby appeals the decision by the Public Employment Relations
Board, dated June 29, 1990, Dismissing and Refusing to issue a complaint in the above
captioned matter." (Accord Lodi Education Association (Hudock) (1995) PERB Decision
No. 1124; California School Employees Association and its San Juan Chapter #127 (Hare)
(1995) PERB Decision No. 1089; Los Angeles Community College District (1990) PERB
Decision No. 847.)
Coffman's appeal states in its entirety:
Charging Party Derrick J. Coffman excepts to the dismissal of his charge and
appeals said dismissal.
Like the appeals in the cases cited above, Coffman's appeal fails to state specific issues
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(1) 	State the specific issues of procedure, fact, law or
rationale to which the appeal is taken;
(2) 	Identify the page or part of the dismissal to which each
appeal is taken;
(3) 	State the grounds for each issue stated.
"[Clompliance with regulations governing appeals is required to afford the respondent
and the Board an adequate opportunity to address the issues raised, and noncompliance will
warrant dismissal of the appeal." (California State Employees Association (Myers) (1992)
PERB Decision No. 942-S.)
Appeals that state nothing more than the charging party appeals the dismissal of the
unfair practice charge have historically been dismissed by the Board for failure to comply with
PERB Regulation 32635(a). For example, in United Teachers 	os Angeles (Glickberg)
(1990) PERB Decision No. 846, the Board dismissed an appeal that stated in its entirety:
"Claimant David Glickberg hereby appeals the decision by the Public Employment Relations
Board, dated June 29, 1990, Dismissing and Refusing to issue a complaint in the above-
captioned matter." (Accord Lodi Education Association (Hudock) (1995) PERB Decision
No. 1124; California School Employees Association and its San Juan Chapter #127 (Hare)
(1995) PERB Decision No. 1089; Los Angeles Community College District (1990) PERB
Decision No. 847.)
Coffman's appeal states in its entirety:
Charging Party Derrick J. Coffman excepts to the dismissal of his charge and
appeals said dismissal.
Like the appeals in the cases cited above, Coffman's appeal fails to state specific issues
or parts of the dismissal to which appeal is taken, or to state grounds for the appeal.
Accordingly, the Board dismisses Coffman's appeal for failure to comply with PERB
Regulation 32635(a).
or parts of the dismissal to which appeal is taken, or to state grounds for the appeal.
Accordingly, the Board dismisses Coffman's appeal for failure to comply with PERB
Regulation 32635(a).
2

ORDER
The unfair practice charge in Case No. LA-CE-446-M is hereby DISMISSED
WITHOUT LEAVE TO AMEND.
~v1embers ~v1cKeag
and
V/esley joined
in
this Decision.
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ORDER
The unfair practice charge in Case No. LA-CE-446-M is hereby DISMISSED
WITHOUT LEAVE TO AMEND.
Members Mckeag and Wesley joined in this Decision.
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