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Article 16.1. Public Notice of Initial Proposals of Exclusive Representatives and CSU Procedures.   

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Meeting and conferring as defined in the Higher Education Employer-Employee Relations Act shall not commence on an initial proposal which relates to matters within the scope of representation until the Board of Trustees has conducted not less than four (4) public meetings scheduled no sooner than seven (7) calendar days from one another. Such meetings shall proceed in a manner to be determined by the Board of Trustees or its designated committee, subject to the following requirements:

(a) An initial meeting to present the proposal of an exclusive representative for a particular unit shall be scheduled within a reasonable time by the Board of Trustees or its designated committee.

(b) At the first meeting called for a particular representation unit, the exclusive representative shall present its proposal in writing and shall have ten (10) copies of such proposal for members of the Board of Trustees or its designated committee present, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At the time of such presentation, a representative of the exclusive representative may address the Board of Trustees or its designated committee for the purpose of clarifying or amplifying upon any portion of its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a second public hearing.

(c) At such second meeting, members of the public shall be given an opportunity to address the proposals presented at the previous meeting. If a member of the public wishes to speak, he or she will be asked but not required to give his or her name, address, name of organization, if any, and on whose behalf he or she is speaking. Members of the public may submit written statements in addition to or in lieu of oral statements. Such written statements shall become a part of the record. At the conclusion of the testimony with respect to the exclusive representative's proposal for a given unit, the Board of Trustees or its designated committee shall schedule a third meeting.

(d) At the third meeting, the Board of Trustees or its designated committee shall present management's proposal for the representation unit in question in writing and shall have six (6) copies of such proposal for the exclusive representative, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At such meeting, the Board of Trustees or its designated committee may, at its discretion, clarify or otherwise explain its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a fourth public meeting.

(e) At the fourth meeting, members of the public shall be given an opportunity to address the proposals presented at the third meeting. In all other respects, the rules which govern the second meeting, set forth in subsection (c) hereof, shall govern.

(f) After the public has had the opportunity to express itself, the Board of Trustees or its designated committee shall, at the fourth meeting or at an additional public meeting scheduled at the Board of Trustees' or its designated committee's discretion, adopt a proposal including any changes in its initial proposal which it deems appropriate in light of the proceedings described herein.

(g) Notwithstanding any other provision of this Article, for all meetings required pursuant to this Article, if the Board of Trustees or its designated committee fails to schedule a meeting, it shall be scheduled by the Chair of the Board of Trustees or of its designated committee.

(h) Nothing herein shall preclude the consideration or proposals for more than one representation unit at a particular public meeting.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500

Reference:

Education Code 89500

(Amended by Register 82, No. 39.)