Know the Law, Right?
Original post made by Stacey, Amberwood/Wood Meadows, on Feb 22, 2010
3547. (a) All initial proposals of exclusive representatives and of
public school employers, which relate to matters within the scope of
representation, shall be presented at a public meeting of the public
school employer and thereafter shall be public records.
(b) Meeting and negotiating 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 the public has
the opportunity to express itself regarding the proposal at a meeting
of the public school employer.
(c) After the public has had the opportunity to express itself,
the public school employer shall, at a meeting which is open to the
public, adopt its initial proposal.
(d) 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 such subject by the public school
employer, the vote thereon by each member voting shall also be made
public within 24 hours.
(e) The board may adopt regulations for the purpose of
implementing this section, which are consistent with the intent of
the section; namely that the public be informed of the issues that
are being negotiated upon and have full opportunity to express their
views on the issues to the public school employer, and to know of the
positions of their elected representatives.
3547.5. (a) Before a public school employer enters into a written
agreement with an exclusive representative covering matters within
the scope of representation, the major provisions of the agreement,
including, but not limited to, the costs that would be incurred by
the public school employer under the agreement for the current and
subsequent fiscal years, shall be disclosed at a public meeting of
the public school employer in a format established for this purpose
by the Superintendent of Public Instruction.
(b) The superintendent of the school district and chief business
official shall certify in writing that the costs incurred by the
school district under the agreement can be met by the district during
the term of the agreement. This certification shall be prepared in a
format similar to that of the reports required pursuant to Sections
42130 and 42131 of the Education Code and shall itemize any budget
revision necessary to meet the costs of the agreement in each year of
(c) If a school district does not adopt all of the revisions to
its budget needed in the current fiscal year to meet the costs of a
collective bargaining agreement, the county superintendent of schools
shall issue a qualified or negative certification for the district
on the next interim report pursuant to Section 42131 of the Education
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