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Know the Law, Right?

Original post made by Stacey on Feb 22, 2010

The law regarding public notification of public school contract negotiations.

Web Link

"
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
its term.
(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
Code.
"

Comments (18)

Posted by resident, a resident of Another Pleasanton neighborhood
on Feb 22, 2010 at 4:57 pm

Well that's interesting. You mean the District can't just nod, wink, and say it's already done and out of our hands?


Posted by Yawn, a resident of Apperson Ridge
on Feb 22, 2010 at 5:20 pm

So what?


Posted by frank, a resident of Pleasanton Heights
on Feb 22, 2010 at 6:34 pm

So, has any of this been followed? Seems to me a proposal has already been adopted and a, b, and c not followed. Look at e. The union representative has already announced a deal (3 year contract plus side agreement) and no one in the public knew the content of this negotiation.


Posted by Sandy Piderit, a resident of Mohr Park
on Feb 22, 2010 at 7:20 pm

I'm not going to comment on all of the legal clauses above. But regarding 3547.5. (a) -- I don't believe a written agreement has been completed -- only a tentative agreement. (It's one of those legalese things, I think, that a tentative agreement may be written down, but it still doesn't equal a final written agreement.) At this point, if the board chose not to approve a tentative agreement, I do not believe that the tentative one would have any standing in court.

Unfortunately, there doesn't seem to be any legal requirement to publicize the terms of the tentative agreement at one meeting, and then allow time for public comment before approving the agreement at a later meeting. Public disclosure and a board vote to approve the tentative agreement can occur all at the same meeting.

It looks like, in this case, if you want to be heard, you have to actually attend the board meeting.


Posted by Kathleen Ruegsegger, a resident of Vintage Hills Elementary School
on Feb 22, 2010 at 7:54 pm

Doesn't seem cricket if they do this in one meeting. I didn't see the Disclosure of Bargaining Agreement posted with the board materials.


Posted by dear stacy and kathleen, a resident of Birdland
on Feb 23, 2010 at 5:53 am

GET A LIFE!


Posted by Don't fire til you see the whites of their eyes, a resident of another community
on Feb 23, 2010 at 6:36 am

They have a life. They're actually proactively trying to change the community for what they feel is the better. I guess Martin Luther King shouldve gotten a life too. After all, he was always obsessing about civil rights, always talking about it, dedicating his entire life to it.

If someones not being perpetually vigilant, how is the community to know what's going on? And don't think I'm defending them cause we're ideological buddies. We've battled it out as much as anyone. I'm just tired of the insults from people who attack them, me, anyone for daring to be persistent. I've heard people say that those who comment a lot must not work. What?! Says who?! In the end, unless you're slow, it doesn't take that long to write a comment, even when thumbtyping on a computer phone


Posted by resident, a resident of Another Pleasanton neighborhood
on Feb 23, 2010 at 7:25 am

Stacey and Kathleen are looking out for our interests. And the union and district are trying to slide a couple of days off surrounding holidays as big concessions. Frankly they need to go back to the table and get a fixed percentage cut and suspension of S&C. Until then, community support for additional funding will be bleak.


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Feb 23, 2010 at 7:57 am

Stacey is a registered user.

Sandy,

Just trying to find out the information..

Web Link

" 2. Collective Bargaining. LEAs are required to disclose to the public information about proposed collective bargaining agreements and to provide notification of salary settlements to their reviewing agencies.

* LEAs are required by Government Code Section 3547.5 to publicly disclose the provisions of all collective bargaining agreements before they enter into a written agreement. This provision ensures that the public is aware of the costs associated with a tentative collective bargaining agreement before it becomes binding on the school district or county office of education. In Management Advisory 92-01, entitled "Public Disclosure of Collective Bargaining Agreements" (issued May 15, 1992), we gave advice on the minimum amount of information that should be included in these public disclosure documents, and advised that such minimum amount of information would also serve to satisfy the requirements of the salary settlement notification component in the Criteria and Standards. The Criteria and Standards require that when employee negotiations are not settled, upon settlement, the reviewing agency (SPI for county offices and county superintendent for districts) must be provided with a salary settlement notification that includes an analysis of the cost of the settlement and its impact on the operating budget. Because these cost analyses are such an important and integral part of the overall review and assessment of an entity's fiscal health, we ask that you routinely provide these documents whenever settlements occur, even if the settlement does not occur until the next fiscal year.

For more information about our recommendations on the procedures and format LEAs should use in meeting the public disclosure and salary settlement notification requirements, please see Management Advisory 92-01.

* Government Code Section 3540.2 requires a school district with a qualified or negative interim report certification to submit any proposed (tentative) collective bargaining agreement to the county office for review and comment. The school district shall provide the county with all information relevant to yield an understanding of the financial impact of that agreement. The school district must allow the county office at least six days from the date it receives the appropriate forms, to review and comment on the proposed agreement. The county office must notify the school district publicly within those six days if the agreement would endanger the fiscal well-being of the district.
"


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Feb 23, 2010 at 8:06 am

Stacey is a registered user.

Is PUSD still "qualified"? Then they'll give the county six days, right?


Posted by Looks like, sounds like, a resident of Another Pleasanton neighborhood
on Feb 23, 2010 at 10:11 am

I gotta hunch it's suppose to be like that also with Mayors, Council, Fire Boards, Supervisors, etc ..... They all seem to forget WHO the REAL BOSSES and EMPLOYERS are suppose to be ! ! ! !
These others are merely TEMPORARY representatives.


Posted by Sandy, a resident of Mohr Park
on Feb 23, 2010 at 11:41 am

Yes, they're still qualified. Thanks for continuing to hunt down the relevant legal code, Stacey.

I'm puzzled that the current certification of costs does not seem complete.... currently following up on email.


Posted by Ashamed I Dont Trust The Community Enought To Post My Name, a resident of Birdland
on Feb 23, 2010 at 5:01 pm

If you think you are Dr. Martin Luther King Jr. because you have anonymous discussions on this blog then you are being delusional. Last time I checked the beauty of Dr. King's legacy is that he made public statements for seemingly private manners to be resolved by the government and accepted the consequences of his actions regardless of his view towards the law he broke.

Here are points to consider for discussion.

1) Does anybody have a system they can show working at a public school where merit pay in some form is being used? It seems that this system of pay is highly favored but I have never seen an example of it implemented. What does merit mean and how do we measure it?

2) Race to the Top Funds have been discussed but never explained (in part due to the vague nature of the program). Can a school district or an individual site try to claim some of that money? If the money is taken what hooks has the federal government placed in it (what federal obligations would be required to be followed if state and local governments took the cash)?

3) Is it legal to ask a teacher to work without pay? From what I read about the furlough days for state workers those workers were forbidden from accessing work e-mail or the work site itself on a furlough day. Is that because any work performed for free violates federal minimum wage guarantees?


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Feb 23, 2010 at 8:49 pm

Stacey is a registered user.

1) There's various systems being implemented across the country. Washington DC recently implemented one. Another is being tried in Michigan or somewhere around there. Arizona also has something going on. I haven't done the necessary research to evaluate those systems in depth, mostly because my attention has been focused on more immediate concerns. I think "merit" is measured differently in each system. As I posted a topic on this earlier, I think the Board should start a committee or task force to start exploring such things because the Race to the Top funds are supposed to be available for paying for implementation costs of such changes. The current teacher compensation system hasn't been the only one around in the past. Things change as needs change.

2) There is talk about a Race to the Top 2 which will be some additional funding made available that districts can apply directly for instead of this State-wide thing on the first round. The real purpose of RTTT funds are to pay for implementation costs of a new program, not to pay for the program itself.

3) Probably not. *shrug*


Posted by Alice, a resident of Ruby Hill
on Feb 24, 2010 at 3:03 pm

"And the union and district are trying to slide a couple of days off surrounding holidays as big concession"

The ignorance and arrogance in this community are amazing. Both sides worked very hard for this solution. Come up with a reasonable solution yourself if not satisifed, go to the Board meetings IN PERSON, join a committee, be REASONABLE and compassionate with one another. Stop your rantings that do no good. You all will never be satisfied, no wonder our children are self-centered.


Posted by Spacy, a resident of another community
on Feb 24, 2010 at 4:58 pm

yes, clear, effective, and successful merit pay models have been adopted in school districts in Brigadoon, Shangri-La, the People's Republic of Atlantis, Gormenghast, and some communities in Texas. note that I'm providing just as much backup to my claims as prior posters (cough cough!)


Posted by COWARDS!, a resident of another community
on Feb 24, 2010 at 9:15 pm

For God's sake, get off your butt and make some changes instead of complaining about it behind fake names on Pleasanton Weekly.

I would admire you if you actually tried to change something, but sitting in front of the couch, typing on your laptop about things you are too weak to publicly stand up for, does not cut it.

You people do need to get a life.


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Feb 24, 2010 at 9:20 pm

Stacey is a registered user.

Yes, your post is rife with irony.


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