Because the Governing Board has a responsibility to represent the public's interest in negotiations with employee organizations, the Board is committed to keeping the public informed about issues being negotiated, providing members of the public an opportunity to express their views, and disclosing the position of each Board member.
(cf. 1100 - Communication with the Public)
(cf. 1112 - Media Relations)
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4141.6/4241.6 - Concerted Action/Work Stoppage)
(cf. 4143/4243 - Negotiations/Consultation)
(cf. 9000 - Role of the Board)
(cf. 9010 - Public Statements)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
Public Notice
All initial contract proposals of the Board and an employee organization which relate to matters within the scope of representation shall be presented at a public meeting and shall thereafter be public records. (Government Code 3547)
(cf. 1340 - Access to District Records)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
Meeting and negotiating between district and employee organization representatives shall not take place on these initial proposals until a reasonable time has elapsed after the submission of these proposals to enable the public to become informed and to express itself regarding the proposals at a public meeting. (Government Code 3547)
After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting. (Government Code 3547)
New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on any such subject by the Board, each member's vote also shall be made public within 24 hours. (Government Code 3547)
Public Disclosure
Before entering into a written agreement covering matters within the scope of representation, the Board shall disclose, at a public meeting, the major provisions of the agreement, including but not limited to the costs that would be incurred by the district under the agreement for the current and subsequent fiscal years. (Government Code 3547.5)
A copy of the proposed agreement shall be made available to the public prior to the day of the Board meeting.
The Superintendent or designee shall prepare a summary of the major provisions and changes in the proposed agreement.
Certification of Agreement
Before the Board approves any agreement, the Superintendent and chief business official shall certify in writing that any costs incurred by the district under the agreement can be met by the district during the term of the agreement. The certification shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term. (Government Code 3547.5)
(cf. 3460 - Financial Reports and Accountability)
Legal Reference:
EDUCATION CODE
42130-41234 Financial reports and certifications
GOVERNMENT CODE
3540.2 Meeting and negotiating in public educational employment
3547 Proposals relating to representation; informing public
3547.5 Major provisions of agreement with exclusive representative
CODE OF REGULATIONS, TITLE 8
32075 PERB regional office defined
32900 EERA and HEERA public notice: requirements for governing boards to adopt policy
32910 Filing of EERA or HEERA complaint
Management Resources:
CDE MANAGEMENT ADVISORIES
0515.92 Public Disclosure of Collective Bargaining Agreements, 92-01
CSBA PUBLICATIONS
Public Notice and Disclosure, Resource Guide for Employment Relations, December 1996
Maximizing School Board Leadership: Collective Bargaining, 1996
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
Fiscal Crisis and Management Assistance Team: http://www.fcmat.org
Public Employment Relations Board: http://www.perb.ca.gov
Policy STANDARD SCHOOL DISTRICT
Adopted: April 19, 2005 Bakersfield, California