SB 331 Process (City Contracts)

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Effective January 1, 2016, SB 331 requires agencies with a COIN Ordinance for labor negotiations to comply with additional public disclosure requirements when negotiating contracts for services. The process applies to new, extended or amended contracts valued at or greater than $250,000 during the City's fiscal year for specific types of services:

a. Accounting
b. Financing
c. Hardware maintenance (IT)
d. Software maintenance (IT)
e. Health care
f. Human resources
g. Human services
h. Information technology
i. Telecommunications
j. Janitorial maintenance
k. Legal services
l. Lobbying
m. Marketing
n. Office equipment maintenance
o. Passenger vehicle maintenance
p. Property leasing
q. Public relations
r. Public safety
s. Social services
t. Transportation
u. Waste removal

 

In addition, if any changes to the contract are proposed after Council has approved the contract, the whole process would need to be followed before such changes could go into effect.

Process

Once a department completes an Internal Qualifying Evaluation to determine that a contract is subject to SB 331, they work with the Purchasing Division to submit information to an independent auditor.

Prior to submitting the request to the auditor, two requirements must be met:

  1. The release of additional information relating to the “negotiation” meeting per 22178(d) must occur, which provides: (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 location where the session took place, and any pertinent facts regarding the negotiations that occurred in that session. SB 331 requires that communications be publicly disclosed within 24 hours.
  2. The report cannot be prepared until there is a proposed contract.

The independent auditor reviews the cost of the proposed contract and completes a viability report within 14 days. Once received back by the City, the report is made public on the City's website. Items must have at least two Council meetings before approval. The prepared contract and supporting documentation is to be available to the public 60 days before City Council action and 30 days before City Council hearing.

Below are the independent auditor reports for city contracts meeting SB 331 requirements: