State Board Had Exclusive Jurisdiction Over the Matter, Leading to Fee Award Against County.
As reported by Joe Nelson in an August 10, 2010 post entitled “County to appeal judge’s decision on paying attorney’s fees” San Bernardino County has decided to appeal an adverse attorney’s fees order of more than $51,000 against it.
Apparently, the fee award came in an action commenced by San Bernardino County against the San Bernardino County Public Attorney’s Association, trying to bar prosecutors from serving as union delegates for deputy public defenders. A superior court judge in December 2009 dismissed the lawsuit on the ground that the state Public Employment Relations Board had exclusive jurisdiction over the matter. Then, subsequently, the union moved for fees and was awarded more than $51,000 by another superior court judge.
Because this may well go the distance on appeal, we will report to you later on what happens at the appellate level.