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 in accordance with law.
(cf. 1112 - Media Relations)
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4143/4243 - Negotiations/Consultation)
(cf. 9000 - Role of the Board)
(cf. 9010 - Public Statements)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
Public Notice/Sunshining of Initial Proposals
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 Board 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 Board 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 Board member's vote also shall be made public within 24 hours. (Government Code 3547)
Public Disclosure of Proposed Agreement
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)
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 and shall submit the certification to the Board prior to the Board's approval 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)
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.
Legal Reference:
EDUCATION CODE
42130-42134 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
Management Resources:
CSBA PUBLICATIONS
Collective Bargaining DVD-ROM
Maximizing School Board Governance: Collective Bargaining
Public Notice and Disclosure, Resource Guide for Employment Relations, December 1996
CALIFORNIA DEPARTMENT OF EDUCATION MANAGEMENT ADVISORIES
0515.92 Public Disclosure of Collective Bargaining Agreements, 92-01
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
School Services of California: http://www.sscal.com
Policy SANTA CLARA UNIFIED SCHOOL DISTRICT
adopted: August 22, 2013 Santa Clara, California