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City attorney briefs commissioners on what parts of bargaining can be closed under Sunshine law
Summary
City Attorney Kimberly Rothenberg reminded the commission that collective bargaining is governed by state statute and that portions of negotiations — specifically internal strategy discussions between the city's bargaining team and commission members — are exempt from the Sunshine Law and should be handled outside public meetings; alleged violations can be brought to PERC.
City Attorney Kimberly Rothenberg gave a focused overview of the legal rules that govern collective-bargaining meetings and what the commission may and may not discuss in public.
Rothenberg said collective bargaining is governed under state statute and that the city must bargain in good faith with bargaining-unit representatives. She explained the statute distinguishes which portions of bargaining must be held in public and which may be exempt. “All of the meetings between the chief executive officer and or his or her designee... the collective bargaining team, together with the union representatives are to be held in the sunshine,” she said, but conversations between the bargaining team and members of the commission about bargaining strategy and directions related to compensation are statutorily exempt and should be closed.
When commissioners asked about penalties for violating those requirements, Rothenberg said the statute itself does not list specific penalties but noted that an alleged violation could be brought to the Public Employees Relations Commission (PERC) as an unfair-labor-practice complaint, which could result in a PERC hearing and penalties or remedies.
