Schipske proposes more public scrutiny of worker contract negotiations

Fifth District Long Beach City Councilwoman Gerrie Schipske today announced she is proposing that the council place a charter amendment on the ballot that would open up the process of negotiating contracts with city employee associations to more public scrutiny. The announcement comes a day before the council is to vote on new contracts that include pay freezes for six employee associations. Schipske's item won't be heard by the council until next week. Following is Schipske's press release in its entirety.

Fifth District Councilwoman Gerrie Schipske is placing an item on the Council agenda which she calls the "Public Pay Bargaining Sunshine Requirements" that if approved by the City Council and the voters would open up the process utilized by the Council in negotiating wages, benefits and working conditions with city public employees.

"The public is clamoring for transparency and input --not only of what the City negotiates but how much it costs the city for the agreements over the life of the agreements and whether or not the city can afford the agreements," says Schipske.

Currently, state law requires that the collective bargaining process for employees in higher education and employees in school districts provide for the "sun shining" of initial proposals for negotiations, including re-openers as well as proposals that arise later in the course of bargaining. The laws also require a delay after the proposals are presented at a public meeting to allow the public to become informed and provide input regarding the proposals. Additionally, in the case of schools districts, the Superintendent must disclose the costs of the contract and certify that the costs of the contract can be met by the school district during the term of the agreement.

Schipske points out that public employee collective bargaining is regulated by state law -- the Meyers-Milias-Brown Act which is found in the Government Code. Enforcement of this law is done by the Public Employment Relations Board (PERB), the same agency which regulates labor laws for teachers, faculty members and employees of public universities and schools.

Government Code Section 3547 provides for the public disclosure of any proposals being negotiated between school district and their public employees and the requirement that the public have an opportunity to express itself regarding the proposals at a public meeting.

"The Government also requires school districts to publicly disclose the costs that would be incurred under the agreement for the life of the contract and to certify that the school district can cover the costs of the contract," Schipske explains. "I have advocated for this at the city government level even before I was elected to the City Council."

"Opening up the process to the public is needed. There isn't any reason that our City Council cannot do the same as is required by the Long Beach Unified School District," Schipske adds. "Nothing in the Meyers-Milias-Brown Act which governs labor relations of municipalities prohibits the City from adopting the same requirements for public disclosure and input."

Schipske says that the California Supreme Court has been favorable to the public disclosure requirements of the school districts in its rulings: "Thus, although the public is excluded from actual negotiating sessions . . . its opportunity to be fully informed and to express its views is preserved." San Mateo City School District v. PERB, 33 Cal.3d 850, 864 (1983).

"I hope my colleagues and the voters agree to let the sunshine in on this process."