Public Disclosure of Proposed Collective Bargaining Agreement in Accordance with AB 1200_Version_Feb 2025v2.xlsx

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1	Alameda County Office of Education - Business Advisory Services
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3	Public Disclosure of Collective Bargaining Agreements
4	General Instructions
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6	Requirement to Disclose for Public Review:
7	Assembly Bill 1200 Public Disclosure of Proposed Collective Bargaining Agreements requires local educational agencies to publically disclose the provision of all collective bargaining agreements before entering into a written agreement. Government Code (GC) Section 3547.5 states:
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9		"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."
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11	►	Please make the disclosure document available for public review prior to the governing board taking action on the proposed bargaining agreement. The entire collective bargaining disclosure document, including multiyear projections, the Superintendent / CBO certifications and assumptions, and board actions needed in current and subsequent years, must be reviewed by the board prior to board action on the agreement.
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13	►	If the District would like a formal letter indicating ACOE review, please indicate on the form and provide at least 10 working days prior to the date needed for board action.
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15	►	The manner in which the public is made aware of the proposed agreement and its availability for public inspection and review is at the discretion of the district. Districts may select one or more methods for communicating to the public as long as notification includes the public at large and is not limited to district parents only. The standard disclosure document should be utilized and be available for public review.
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17	Requirement to Submit to ACOE:
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19	►	Districts with a qualified or negative certification MUST submit documents to the County Office for review and comment at least 10 working days prior to the date of board action. This includes any modification to existing agreements(s). [GC 3540.2]
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21	►	Within 45 days of adopting a collective bargaining agreement, the superintendent of the school district shall forward to the County Superintendent of Schools any revisions to the school district's current year budget that are necessary to fulfill the terms of that agreement. [GC 42142]
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23	►	All required documents to be submitted to the County Office with each collective bargaining are indicated in blue on this page.
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25	What to Disclose:
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27	►	Any time a contract is reopened with an impact on "any area of the existing contract", financial or non-financial, a disclosure of the proposed agreement must be made. This is especially applicable to multiyear agreements that are tied to projected cost of living adjustments in the subsequent years. Once an actual percentage rate and dollar increase is established, that salary increase must be disclosed even though it may have been partially budgeted.
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29	►	If the only change is non-financial and in language only, please describe the agreement in the Narrative section (Page 2) and put N/A in the financial sections.
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31	►	Please complete separate documents for each collective bargaining agreement, but if more than one agreement is discussed at the same time, you may summarize the financial impact of "all" agreements (further instructions provided on the forms).
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33	►	The District must conduct a fiscal impact analysis of the settlement for ALL FUNDS affected, and disclose the potential for deficits in any fund as a result of the settlement and the potential impact of such deficits on the General Fund.
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35	►	Attach a copy of the proposed bargaining agreement to each disclosure form. Tentative Agreements submitted to the County Office should be signed by all the necessary and represented parties.
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37	CERTIFICATION FORMS:
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39	Certificate of Affordability
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41	►	The Certificate of Affordability - Certification of the District's Ability to Afford the costs of a Collective Bargaining Agreement - must be signed by the District Superintendent and Chief Business Official (CBO) at the time of public disclosure and submitted to County Office. "I hereby certify" or "I am unable to certify" must be checked by both signers.
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43	►	The Superintendent's and CBO's certifications are meant to be independent of one another.
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45	►	The certifications serve as additional information provided to the board regarding the affordability of the proposed agreement before the board takes action on the agreement.
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47	►	The certifications should be accompanied by:
48		- The fiscal planning assumptions that are used in making the certification.
49		- Any qualifying comments made by the Superintendent and/or CBO that speak to the agreement's affordability within the context of the district's entire budget.
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51	►	The absence of a certification signature or a check on the "I am unable to certify" line does not prevent a board from taking action on an agreement. However, if a board approves an agreement missing a certification signature or with the "I am unable to certify" checked, it is still expected to adopt the budget revisions needed to pay for the agreement.
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53	►	The Alameda County Office of Education (ACOE) will process any payroll adjustments reflected in an agreement, even if the superintendent and/or CBO do not provide certifying signatures. However, the absence of a certification signature or if the "I am unable to certify" box is checked serves as an alert to the ACOE to carefully analyze and review the district's ability to fund the agreement.
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55	►	Within 45 days of adopting a collective bargaining agreement, or prior to, or with its next interim report submission (or budget submission if the agreement is adopted after the submittal of the district's Second Interim Report), whichever comes first, any budget revisions to the school district's current year budget that are necessary to fulfill the terms of the agreement must be forwarded to the ACOE. 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 is required to issue a qualified or negative certification of the district's next interim report (Ed Code Section 42142).
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57	Certification of Board Action
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59	►	The Certification of Board Action must be signed by the District Superintendent at the time of public disclosure and submitted with the completed disclosure forms to the County Office.
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61	►	After the Governing Board takes action on the proposed agreement, Certification of Board Action must be signed by the Board President or Clerk and resubmitted to the County Office.
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