Second Substitute H.B. 362

Representative Daniel McCay proposes the following substitute bill:

1 TRANSPARENCY IN PUBLIC EMPLOYMENT
2 NEGOTIATION PROCESS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Daniel McCay
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill enacts provisions relating to negotiation meetings between public employers
11 and public employee labor organizations.
12 Highlighted Provisions:
13 This bill:
14 . requires negotiation meetings between public employers and public employee labor
15 organizations to be open to the public;
16 . requires public employers to provide public notice of a negotiation meeting;
17 . requires public employers to keep minutes of negotiation meetings and to make
18 audio recordings of those meetings; and
19 . requires public employers to make minutes and audio recordings available to the
20 public.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 ENACTS:
27 34-20a-101, Utah Code Annotated 1953
28 34-20a-102, Utah Code Annotated 1953
29 34-20a-201, Utah Code Annotated 1953
30 34-20a-202, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 34-20a-101 is enacted to read:
34 CHAPTER 20a. TRANSPARENCY IN PUBLIC EMPLOYMENT
35 NEGOTIATION
36 Part 1. General Provisions
37 34-20a-101. Title.
38 This chapter is known as "Transparency in Public Employment Negotiation."
39 Section 2. Section 34-20a-102 is enacted to read:
40 34-20a-102. Definitions.
41 As used in this chapter:
42 (1) "Employment agreement" means an agreement between a public employer and a
43 public employee labor organization regarding salary and benefits of public employees
44 represented by the public employee labor organization.
45 (2) "Negotiation meeting" means a meeting between a public employer and a public
46 employee labor organization for the purpose of negotiating the terms of a new employment
47 agreement.
48 (3) "Public employee" means an employee of a public employer.
49 (4) "Public employer" means:
50 (a) the state or any department, division, agency, or other instrumentality of the state,
51 including an institution of higher education; or
52 (b) a county, city, town, school district, local district, special service district, or other
53 political subdivision of the state.
54 (5) "Public employee labor organization" means an organization of any kind, in which
55 public employees participate, that exists, in whole or in part, for the purpose of negotiating
56 with public employers on behalf of public employees about matters addressed by an

57 employment agreement.
58 Section 3. Section 34-20a-201 is enacted to read:
59 Part 2. Negotiation Meetings
60 34-20a-201. Negotiation meetings open to the public -- Notice of meeting.
61 (1) (a) A negotiation meeting shall be open to the public.
62 (b) Subsection (1)(a) does not apply to a separate meeting held by a public employer or
63 public employee labor organization during the course of a negotiation meeting, if:
64 (i) for a separate meeting held by a public employer, the meeting does not include an
65 individual representing the public employee labor organization; and
66 (ii) for a separate meeting held by a public employee labor organization, the meeting
67 does not include an individual representing the public employer.
68 (2) (a) A public employer shall give written public notice of a negotiation meeting, as
69 provided in Subsection (2)(b), at least 24 hours in advance.
70 (b) A notice under Subsection (2)(a) shall:
71 (i) state the date, time, and location of the negotiation meeting;
72 (ii) state the subject matter to be addressed at the negotiation meeting; and
73 (iii) be posted:
74 (A) at the principal office of the public employer;
75 (B) at the location of the negotiation meeting; and
76 (C) electronically on the Utah Public Notice Website created under Section 63F-1-701 .
77 Section 4. Section 34-20a-202 is enacted to read:
78 34-20a-202. Minutes and audio recording of negotiation meeting.
79 (1) (a) A public employer shall:
80 (i) prepare minutes of a negotiation meeting; and
81 (ii) make an audio recording of a negotiation meeting.
82 (b) Minutes under Subsection (1)(a)(i) shall include:
83 (i) the date, time, and location of the negotiation meeting;
84 (ii) the name of each public employer and public labor organization representative
85 present at the meeting;
86 (iii) the substance of all matters discussed, proposed, or decided at the meeting; and
87 (iv) if applicable, a record of any action taken or decided upon at the meeting.

88 (c) An audio recording under Subsection (1)(a)(ii) shall:
89 (i) be a complete and unedited audio record of all portions of a negotiation meeting
90 from its commencement through its adjournment; and
91 (ii) be accurately labeled with the date, time, and location of the meeting.
92 (2) (a) Within 10 business days after a negotiation meeting is held, a public employer
93 shall:
94 (i) make minutes of the meeting available to the public; and
95 (ii) post the minutes on the public employer's Internet website, if the public employer
96 has an Internet website.
97 (b) Within three business days after a negotiation meeting is held, a public employer
98 shall:
99 (i) make an audio recording of the meeting available to the public; and
100 (ii) post the audio recording on the public employer's Internet website, if the public
101 employer has an Internet website.

[Bill Documents]