March 15th, 2012
To:
District Superintendent’s
Chief Business Officials
From: Michelle Buell, Fiscal Services Department
Subject: Public Disclosure Responsibilities-Collective Bargaining
The following information is intended to serve as a reminder to district staff of the
requirements for collective bargaining.
Statute requires that the public is made aware of the costs associated with a tentative
collective bargaining agreement before it becomes binding on the district or county
office of education. Government code 3547.5 states:
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.
Public Disclosure Advisory
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The summarized process for Collective Bargaining:
1) District must disclose the costs associated with the tentative agreement before it
becomes binding. G.C 3547.5 (a). Provide separate documents for each
bargaining agreement.
2) The district superintendent and chief business official shall certify in writing that
the costs incurred by the district under the agreement can be met by the district
during the terms of the agreement. G.C 3547.5 (b)
3) The district must adopt all of the revisions to its budget needed in the current
fiscal year to meet the costs of the collective bargaining agreement within 45
days of the adoption and send to the county superintendent. E.C. 42412. If the
district does not, the county superintendent will issue a qualified or negative
certification on the next interim report. E.C. 42131, G.C. 3547.5 (c)
4) The information required must be submitted on the forms included with this
advisory (and available on our website) or on other forms that are in a similar
format.
Certification Signature Form
Cost Worksheet
Impact on Current Budget Worksheet
Impact on Unrestricted Reserves Worksheet
5) The county office will review the information on the contract settlement, and the
financial impact on the district.
If the county staff determine that the settlement will adversely impact the financial
position of the district, a letter will be sent to the governing board expressing the
concerns. In some instances the county may need to take action under E.C.
Section 42127.6
Districts with Qualified or Negative Certifications
Government Code Section 3540.2 provides added oversight related to the collective
bargaining process. Any school district with a qualified or negative certification under
EC 42131 shall allow the county office of education at least ten working days to review
and comment on any proposed agreement made between the exclusive representative
and the public school employer, or designated representative and the public school
employer, or designated representatives, before it is ratified. The school district shall
provide the county office with all information relevant to yield an understanding of the
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financial impact of that agreement. The county superintendent shall notify the school
district, county board of education, district superintendent, governing board of the
school district, and each parent and teacher organization of the district within those 10
days, if in his or her opinion, the agreement would endanger the fiscal well-being of the
school district.
Conclusion
We hope that this reminder of the requirements and process for Public Disclosure of
Collective Bargaining has been helpful. Please feel free to contact Becky Jeffries at
262-4138 or myself at 262-4114 if you have questions or need additional assistance.
Michelle Buell
Director of Fiscal Services
707 262-4114
michelleb@lakecoe.org
Public Disclosure Advisory
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