4.1 Negotiations – General

Not later than the day of the first Board of Education meeting in May of the calendar year in which the Agreement expires or reopeners are desired pursuant to Section 1.4, unless mutually agreed otherwise, the process of meeting and negotiating will be initiated by the submission to the Board of the initial proposal of the Association. Meeting and negotiating shall not take place on any proposal until a sufficient 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 Board.

After the public has had the opportunity to express itself, the Board shall, at a meeting which is open to the public, adopt its initial proposal. 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 Board, the vote thereon by each member voting shall also be made public within 24 hours. Such notice may be made in a manner consistent with PERB regulations and Board Policy.

4.2 Outside Consultants

The Exclusive Representative and the Employer may utilize the services of outside consultants to assist in negotiations and will be responsible for their respective consultants' fees and expenses, if any.

4.3 Discharge of Duties

The Board and the Association may discharge their respective duties by means of authorized officers, representatives, or committees.

4.4 Release Time – Negotiations

The Exclusive Representative shall be allowed no more than eighty (80) person days per contract year of release time for five (5) of its members for the purpose of attending locally scheduled sessions for negotiations. Such representatives of the Exclusive Representative shall be scheduled to participate during working hours in locally scheduled negotiating sessions and impasse procedures and shall suffer no loss in regular compensation. An extension of negotiation sessions beyond the normal employee workday shall be by mutual consent. In the event that the Association exceeds the eighty (80) person day allowance, the substitute costs for additional days shall be borne by the Association.

4.5 Access to Information

The Board and the Association shall, upon request, furnish each other with single copies of all budgetary and other information not prohibited by law relating to the negotiations and maintenance of the Collective Bargaining Agreement. This information shall be limited to documents which are normal work products of the respective parties.

Maintenance of the Collective Bargaining Agreement shall be interpreted to mean contract implementation and grievance processing. Upon request for the above information the requesting party shall specify the reason(s) for such request. Normal work products shall be interpreted to mean such information as is prepared in the normal course of business.

4.6 Tentative Agreements

During negotiations, items tentatively agreed upon shall be reduced to writing and initialed by both parties.

4.7 Final Approval

After the Board and the Association reach tentative agreement on all matters being negotiated, the complete Agreement shall be submitted to the membership of the Association and to the Board respectively for final approval.

4.8 Impasse

If the Employer and Exclusive Representative are unable to reach agreement on all matters being negotiated and impasse has been determined to exist by PERB, impasse procedures prescribed by law may be invoked by either party. If mutually agreeable, the parties may, in an attempt to resolve their differences, continue to meet and negotiate during the implementation of the impasse procedure. The above shall in no way impair any duty to meet and negotiate as may be prescribed by law. Release time required for implementation of the impasse procedure shall not be deducted from the eighty (80) person days of release time provided in Section 4.4, above.

4.9 Personnel Placement List

Not later than October 15, the Board shall furnish the Association with the placement of personnel on the respective salary schedule as of October 1.

4.10 Contract Language Clarification

The language of this Agreement shall be subject to clarification at any time by mutual consent of the parties. Any such language clarification shall be reduced to writing and signed by the Employer's Representative and the Exclusive Representative. Such clarifications shall thereafter be considered part of the Agreement.