As used in this chapter, "civic openness in negotiations
ordinance" or "COIN ordinance" means an ordinance adopted by a city,
county, city and county, or special district that requires any of the
following as a part of any collective bargaining process undertaken
pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code):
(a) The preparation of an independent economic analysis describing
the fiscal costs of benefit and pay components currently provided to
members of a recognized employee organization, as defined in Section
3501 of the Government Code.
(b) The completion of the independent economic analysis prior to
the presentation of an opening proposal by the public employer.
(c) Availability for review by the public of the independent
economic analysis before presentation of an opening proposal by the
(d) Updating of the independent economic analysis to reflect the
annual or cumulative costs of each proposal made by the public
employer or recognized employee organization.
(e) Updating of the independent economic analysis to reflect any
absolute amount or change from the current actuarially computed
unfunded liability associated with the pension or postretirement
(f) The report from a closed session of a meeting of the public
employer's governing body of offers, counteroffers, or supposals made
by the public employer or the recognized employee organization and
communicated during that closed session.
(g) The report from a closed session of a meeting of the public
employer's governing body of any list of names of persons in
attendance during any negotiations session, the date of the session,
the length of the session, the location of the session, or pertinent
facts regarding the negotiations that occurred during a session.
(a) This chapter applies only to a city, county, city and
county, or special district that has adopted a COIN ordinance, which
is effective and operative. This chapter shall not apply if the city,
county, city and county, or special district suspends, repeals, or
revokes its COIN ordinance.
(b) This chapter shall not apply to a contract if the contract is
required to respond to, recover from, or mitigate the effects of any
of the following:
(1) A temporary public safety emergency declared by the chief law
enforcement officer of a city, county, city and county, or special
(2) A state of war emergency, state of emergency, or local
emergency, as those terms are defined in Section 8558 of the
(c) This chapter shall not apply to a renewal of a contract if the
employees performing the services are covered by a collective
bargaining agreement that is governed by the National Labor Relations
Act (29 U.S.C. Sec. 151 et seq.).
(a) This chapter shall apply to any contracts with a value
of at least two hundred fifty thousand dollars ($250,000), and to any
contracts with a person or entity, or related person or entity, with
a cumulative value of at least two hundred fifty thousand dollars
($250,000) within the fiscal year of the city, county, city and
county, or special district, being negotiated between the city,
county, city and county, or special district, and any person or
entity that seeks to provide services or goods to the city, county,
city and county, or special district, in the following areas:
accounting, financing, hardware and software maintenance, health
care, human resources, human services, information technology,
telecommunications, janitorial maintenance, legal services, lobbying,
marketing, office equipment maintenance, passenger vehicle
maintenance, property leasing, public relations, public safety,
social services, transportation, or waste removal.
(b) The city, county, city and county, or special district shall
designate an unbiased independent auditor to review the cost of any
proposed contract. The independent auditor shall prepare a report on
the cost of the contract and provide the report to all parties and
make it available to the public before the governing body takes any
action to approve or disapprove the contract. The report shall comply
with the following:
(1) The report shall include a recommendation regarding the
viability of the contract, including any supplemental data upon which
the report is based, and shall determine the fiscal impacts
attributable to each term and condition of the contract.
(2) The report shall be made available to the public at least 30
days before the issue can be heard before the governing body and at
least 60 days before any action to approve or disapprove the contract
by the governing body.
(3) Any proposed changes to the contract after it has been
approved by the governing body shall adhere to the same approval
requirements as the original contract. The changes shall not go into
effect until all of the requirements of this subdivision are met.
(c) The city, county, city and county, or special district shall
disclose all offers and counteroffers to the public within 24 hours
on its Internet Web site.
(d) Before approving any contract, the city, county, city and
county, or special district shall release a list of names of all
persons in attendance, whether in person or by electronic means,
during any negotiation session regarding the contract, the date of
the session, the length of the session, the location where the
session took place, and any pertinent facts regarding the
negotiations that occurred in that session.
(e) Representatives of the governing body shall advise the
governing body of all offers, counteroffers, information, or
statements of position discussed by the contracting person or entity
and city, county, city and county, or special district
representatives participating in negotiations regarding any contract.
(f) Each governing body member and staff members of governing body
offices shall disclose publicly all verbal, written, electronic, or
other communications regarding a subject matter related to the
negotiations or pending negotiations they have had with any official
or unofficial representative of the private entity within 24 hours
after the communication occurs.
(g) A final governing body determination regarding approval of any
contract shall be undertaken only after the matter has been heard at
a minimum of two meetings of the governing body wherein the public
has had the opportunity to review and comment on the matter.