California Government Code 3549.1 – All the proceedings set forth in subdivisions (a) to (d), inclusive, …
All the proceedings set forth in subdivisions (a) to (d), inclusive, are exempt from the provisions of Sections 35144 and 35145 of the Education Code, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), unless the parties mutually agree otherwise:
(a) Any meeting and negotiating discussion between a public school employer and a recognized or certified employee organization.
Terms Used In California Government Code 3549.1
- certified employee organization: means an organization that has been certified by the board as the exclusive representative of the public school employees in an appropriate unit after a proceeding under Article 5 (commencing with Section 3544). See California Government Code 3540.1
- employee: means a person employed by a public school employer except persons elected by popular vote, persons appointed by the Governor of this state, management employees, and confidential employees. See California Government Code 3540.1
- employer: means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of §. See California Government Code 3540.1
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Meeting and negotiating: means meeting, conferring, negotiating, and discussing by the exclusive representative and the public school employer in a good faith effort to reach agreement on matters within the scope of representation and the execution, if requested by either party, of a written document incorporating any agreements reached, which document shall, when accepted by the exclusive representative and the public school employer, become binding upon both parties and, notwithstanding Section 3543. See California Government Code 3540.1
- Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
(b) Any meeting of a mediator with either party or both parties to the meeting and negotiating process.
(c) Any hearing, meeting, or investigation conducted by a factfinder or arbitrator.
(d) Any executive session of the public school employer or between the public school employer and its designated representative for the purpose of discussing its position regarding any matter within the scope of representation and instructing its designated representatives.
(Amended by Stats. 2006, Ch. 538, Sec. 229. Effective January 1, 2007.)