Policy 4143.1/4243.1 - Public Notice - Personnel Negotiations
Series: 4000 - Personnel
Policy: 4143.1/4243.1 - Public Notice - Personnel Negotiations
Adopted: 04/21/1998
Last Revised: 05/03/2005
Last Reviewed: 05/03/2005
Download Policy 4143.1/4243.1 - Public Notice - Personnel Negotiations PDF (English)
Download Rule 4143.1/4243.1 - Public Notice - Personnel Negotiations PDF (English)
Public Notice - Personnel Negotiations
Because the Board of Education 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 positions of Board members.
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.
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.
After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting.
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.
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.
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.
Legal References
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
Legal References:
STATE
CALIFORNIA CODE OF REGULATIONS
8 CCR 32075 PERB regional office defined
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 representation
MANAGEMENT RESOURCES
WEBSITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/
California Public Employment Relations Board http://www.perb.ca.gov/
CSBA http://www.csba.org/
Fiscal Crisis and Management Assistance Team http://www.fcmat.org/
School Services of California, Inc. http://www.sscal.com/
California Department of Education http://www.cde.ca.gov/
Rule 4143.1/4243.1
Adopted: 04/21/1998
Last Revised: 09/17/2024
Last Reviewed: 09/17/2024
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.
Public Notice/Sunshining of Initial Proposals
All initial contract proposals of the Board of Education and an employee organization shall be presented at a public meeting and shall thereafter be public records.
Meeting and negotiating between district and employee organization representatives shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and to express itself regarding the proposal at a public meeting.
After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting.
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.
Public Disclosure
Before entering into a negotiated agreement, 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.
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.
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.