SECTIONS 3596-3599 - California Statutes

GOVERNMENT CODE

SECTION 3596-3599

3596. All the proceedings set forth in this section shall be exempt
from the provisions of Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2, and Section 92030 of
the Education Code, unless the parties mutually agree otherwise:
(a) Any meeting and conferring discussion between a higher
education employer and a recognized or certified employee
organization.
(b) Any meeting of a mediator with either party or both parties to
the meeting and conferring process.
(c) Any hearing, meeting, or investigation conducted by a
factfinder or arbitrator.
(d) Any executive session of the higher education employer or
between the higher education employer and its designated
representatives for the purpose of discussing its position respecting
meeting and conferring or regarding any matter within the scope of
representation or instructing its designated representatives.

3597. (a) Subject to provisions of subdivision (d), in all meeting
and conferring between higher education employers and employee
organizations representing student service or academic personnel, a
student representative shall have the right to be notified in writing
by the employer and the employee organizations of the issues under
discussion. A student representative shall have the right to be
present and comment at reasonable times during meeting and conferring
between the employer and such employee organizations.
(b) The student representative shall be provided access to all
documents exchanged between the parties pertaining to the meeting and
conferring and shall have the right to have an aide present during
all meetings; in the case of mediation of impasses, the student
representative shall have an opportunity at reasonable times to
comment to the mediator on impasse issues; and shall be free from
coercion or reprisals in the exercise of his or her rights as set
forth in this section.
(c) The student representative shall respect and maintain the
rules governing confidentiality as they pertain to all parties
involved in the meeting and conferring. Violations of this provision
shall result in the termination of student involvement for the
remainder of such meeting and conferring, and such other remedy, if
any, deemed appropriate by the board.
(d) For purposes of this section, a student representative shall
be designated by the official student body association, if any, of
the higher education employer, or segment thereof, engaged in meeting
and conferring. If no student body association exists, the students
may elect and designate a representative for the purposes of this
section.

3598. No memorandum of understanding shall contravene any federal
or state law, including rules and regulations promulgated pursuant to
such laws, prohibiting discrimination in employment.

3599. If any provision of this chapter or the application of such
provision to any person or circumstance shall be held invalid, the
remainder of this chapter, or the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.