Michael Krause, a former superintendent of the Adelanto Elementary School District (District), appeals from an order granting the District’s request for a workplace violence restraining order (WVRO) against him on behalf of three of its employees. (Code Civ. Proc., § 527.8.) Krause, who is now an elected member of the District’s Board of Trustees (Board), contends that the District waived its right to seek a WVRO as part of an employment separation agreement releasing any existing claims against him. We conclude that, even assuming the release would apply to a WVRO proceeding, an employer’s right to prosecute a WVRO on behalf of its employees is unwaivable under Civil Code section 3513. We also find sufficient evidence of a future threat of harassment to support the WVRO, and we reject Krause’s contention that the WVRO violates his parental rights. We conclude, however, that one portion of the WVRO is overbroad and violates Krause’s First Amendment rights as an elected Board member by prohibiting him from making any comment on the WVRO or the WVRO proceedings at regular Board meetings. Accordingly, we will modify the WVRO to vacate this provision. We also modify the WVRO by limiting its duration to the statutory maximum of three years, rather than four years as ordered by the trial court, subject to early termination under the terms of the original order. (See § 527.8, subd. (l)(1).) We affirm the order as so modified.
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