CC Resolution 10016
RESOLUTION NO. 10016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
RELATING TO EMPLOYER-EMPLOYEE RELATIONS
Article I - General Provisions
Sec. 1. Statement of Purpose:
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (Sections 3500 et seq.) captioned "Local Public Employee
Organizations," by providing orderly procedures for the administration of
employer-employee relations between the City of Campbell (hereafter "City") and its
employee organizations. However, nothing contained herein shall be deemed to
supersede the provisions of state law, City ordinances, resolutions and rules which
establish and regulate the merit and civil service system, or which provide for other
methods of administering employer-employee relations. This Resolution is intended,
instead, to strengthen merit, civil service and other methods of administering
employer-employee relations through the establishment of uniform and orderly methods of
communications between employees, employee organizations and the City.
a. It is the purpose of this Resolution to provide procedures for meeting and
conferring in good faith with Exclusively Recognized Employee Organizations
regarding matters that directly affect the wages, hours and other terms and
conditions of employment of employees in appropriate units and that are not
preempted by federal or state law. However, nothing herein shall be construed
to restrict any legal or inherent exclusive City rights with respect to matters of
general legislative or managerial policy, which include, among others: The
exclusive right to determine the mission of its constituent departments,
commissions, and boards; set standards of service; determine the procedures
and standards of selection for employment; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work orfor
other lawful reasons; determine the content of job classifications; subcontract
and/or transfer work out of the unit; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work. The rights set forth
herein shall not abrogate or in any way supersede the duty to meet and confer
as "Appropriate unit" means a unit of employee classes or positions, established
pursuant to Article II hereof.
"City" means the City of Campbell, and, where appropriate herein, refers to the established
by California Government Code section 3500 et seq.
Sec. 2. Definitions:
As used in this Resolution, the following terms shall have the meanings indicated:
b. City Councilor any duly authorized City representative as herein defined.
c. "Confidential Employee" means an employee who, in the course of his or her
duties, has access to confidential information relating to the City's administration
of employer-employee relations.
d. "Consult/Consultation in Good Faith" means to communicate orally or in writing
with all affected employee organizations, whether exclusively recognized or not,
for the purpose of presenting and obtaining views or advising of proposed
actions in an effort to reach a consensus; and, as distinguished from meeting
and conferring in good faith regarding matters within the required scope of such
meet and confer process as established by statutory and decisional law, does
not involve an exchange of proposals and counterproposals with an exclusively
recognized employee organization in an endeavor to reach agreement in the
form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
e. "Day" means calendar day unless expressly stated otherwise.
f. "Employee Relations Officer" means the City Manager or his/her duly authorized
representative.
g. "Impasse" means that the representatives of the City and a Recognized
Employee Organization have reached a point in their meeting and conferring in
good faith where their differences on matters to be included in a Memorandum
of Understanding, and concerning which they are required to meet and confer,
remain so substantial and prolonged that further meeting and conferring would
be futile.
h. "Management Employee" means an employee having responsibility for
formulating, administering or managing the implementation of City policies and
programs.
I. "Mediation" means the efforts of an impartial third party or parties functioning as
an intermediary to assist the parties in reaching a voluntary resolution or an
impasse through interpretation, suggestion and advice.
J. "Meet and Confer" means, as established by statutory and decisional law, the
mutual obligation of the City and its recognized employee organizations to meet
promptly upon request of either party and continue for a reasonable period of
time in order to exchange information, opinions, and proposals, and to endeavor
to reach agreement in the form of a Memorandum of Understanding on matters
within the required scope of the meet and confer process.
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k. "Peace Officer" means an employee who is a full time peace officer as that term
is defined in Section 830 of the California Penal Code.
I. "Proof of Employee Support" means (1) an authorization card recently signed
and personally dated by an employee, or (2) a verified authorization petition or
petitions recently signed and personally dated by an employee, or (3) employee
dues deduction authorization, using the payroll register for the period
immediately prior to the date a petition is filed hereunder, except that dues
deduction authorizations for more than one employee organization for the
account of anyone employee shall not be considered as proof of employee
support for any employee organization. If an authorization petition is submitted,
the petition shall clearly indicate that employees desire to be represented by the
employee organization for purposes of meeting and conferring on wages, hours
and other terms and conditions of employment. The only authorization which
shall be considered as proof of employee support hereunder shall be the
authorization last signed by an employee. The words "recently signed" shall
mean within ninety (90) days prior to the filing of a petition.
m. "Exclusively Recognized Employee Organization" means an employee
organization which has been formally acknowledged by the City as the sole
employee organization representing the employees in an appropriate bargaining
unit pursuant to Article II hereof, having the exclusive right to meet and confer in
good faith concerning statutorily required subjects pertaining to unit employees,
and thereby assuming the corresponding obligation of fairly representing such
employees.
n. "Supervisory Employee" means any employee having authority, in the interest of
the City, to hire, transfer, suspend, layoff, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibly to direct them, or to adjust
their grievances, or effectively to recommend such action if, in connection with
the foregoing, the exercise of such authority is not of a merely routine or clerical
nature, but requires the use of independent and discretionary judgment.
Article II - Representation Proceedings
Sec. 3. Filing of Recognition Petition by Employee Organization:
An employee organization which seeks to be formally acknowledged as an
Exclusively Recognized Employee Organization representing the employees in an
appropriate unit shall file a petition with the Employee Relations Officer containing
the following information and documentation:
a. Name and address of the employee organization.
b. Names and titles of its officers.
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c. Names of employee organization representatives who are authorized to
speak on behalf of the organization.
d. A statement that the employee organization has, as one of its primary
purposes, the responsibility of representing employees in their employment
relations with the City.
e. A statement whether the employee organization is a chapter of, or affiliated
directly or indirectly in any manner, with a local, regional, state, national or
international organization, and, if so, the name and address of each such
other organization.
f. Certified copy of the employee organization's constitution and bylaws.
g. A designation of those persons, not exceeding two in number, and their
addresses, to whom notice sent by regular United States mail will be deemed
sufficient notice on the employee organization for any purpose.
h. A statement that the employee organization has no restriction on
membership based on race, color, religion, creed, sex, national origin, age,
sexual orientation, mental or physical disability or medical condition.
I. The job classifications or position titles of employees in the unit claimed to be
appropriate and the approximate number of employees therein.
J. A statement that the employee organization has in its possession proof of
employee support as herein defined to establish that a thirty percent (30%) of
the employees in the unit claimed to be appropriate have designated the
employee organization to represent them in their employment relations with
the City. Such written proof shall be submitted for confirmation to the
Employee Relations Officer or to a mutually agreed upon disinterested third
party.
Effective January 1,2002, if the proof of support shows that a majority of the
employees in the appropriate unit have designated the petitioning employee
organization to represent them, and if no other employee organization filed a
challenging petition, the petitioning employee organization and the Employee
Relations Officer shall request the California State Mediation and Conciliation
Service, or another agreed upon neutral third party, to review the count,
form, accuracy and propriety of the proof of support. If the neutral third party
makes an affirmative determination, the Employee Relations Officer shall
formally acknowledge the petitioning employee organization as the Exclusive
Recognized Employee Organization for the designated unit.
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k. A request that the Employee Relations Officer formally acknowledge the
petitioner as the Exclusively Recognized Employee Organization
representing the employees in the unit claimed to be appropriate for the
purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying
documentation, shall be declared to be true, correct and complete, under
penalty of perjury, by the duly authorized officer(s) of the employee
organization executing it.
Sec. 4. City Response to Recognition Petition:
Upon receipt of the Petition, the Employee Relations Officer shall determine
whether:
a. There has been compliance with the requirements of the Recognition Petition,
and,
b. The proposed representation unit is an appropriate unit in accordance with
Section 8 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the
foregoing two matters, he/she shall so inform the petitioning employee
organization within fifteen (15) workinQ days, shall give written notice of such
request for recognition to the employees in the unit and shall take no action on
said request for thirty (30) days thereafter. If either of the foregoing matters are
not affirmatively determined, the Employee Relations Officer shall notify within
fifteen (15) workinQ days and offer to consult within ten (10) workinQ days with
such petitioning employee organization and, if such determination thereafter
remains unchanged, shall inform that organization of the reasons therefore in
writing. The petitioning employee organization may appeal such determination in
accordance with Sec. 11 of this Resolution.
Sec. 5. Open Period for Filing Challenging Petition:
Within thirty (30) days of the date written notice was given to affected employees
that a valid recognition petition for an appropriate unit has been filed, any other
employee organization may file a competing request to be formally acknowledged
as the exclusively recognized employee organization of the employees in the
same or in an overlapping unit (one which corresponds with respect to some, but
not all the classifications or positions set forth in the recognition petition being
challenged), by filing a petition evidencing proof of employee support in the unit
claimed to be appropriate of at least thirty (30) percent and otherwise in the same
form and manner as set forth in Sec. 3 of this Article II. If such challenging
petition seeks establishment of an overlapping unit, the Employee Relations
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Officer shall call for a hearing on such overlapping petitions for the purpose of
ascertaining the more appropriate unit, at which time the petitioning employee
organizations shall be heard. Thereafter, the Employee Relations Officer shall
determine the appropriate unit or units in accordance with the standards in Sec. 8
of this Article II. The petitioning employee organizations shall have fifteen (15)
days from the date notice of such unit determination is communicated to them by
the Employee Relations Officer to amend their petitions to conform to such
determination or to appeal such determination pursuant to Sec. 11 of this Article
II.
Sec. 6. Election Procedure:
The Employee Relations Officer shall arrange for a secret ballot election to be
conducted by State of California Mediation and Conciliation Service. All
employee organizations who have duly submitted petitions which have been
determined to be in conformance with this Article II shall be included on the
ballot. The ballot shall also reserve to employees the choice of representing
themselves individually in their employment relations with the City. Employees
entitled to vote in such election shall be those persons employed in regular
permanent positions within the designated appropriate unit who were employed
during the pay period immediately prior to the date which ended at least fifteen
(15) days before the date the election commences, including those who did not
work during such period because of illness, vacation or other authorized leaves of
absence, and who are employed by the City in the same unit on the date of the
election. An employee organization shall be formally acknowledged as the
Exclusively Recognized Employee Organization for the designated appropriate
unit following an election or run off election if it received a numerical majority of
all valid votes cast in the election. In an election involving three or more choices,
where none of the choices receives a majority of the valid votes cast, a run off
election shall be conducted between the two choices receiving the largest
number of valid votes cast; the rules governing an initial election being applicable
to a run off election.
There shall be no more than one valid election under this Resolution pursuant to
any petition in a 12-month period affecting the same unit.
Costs of conducting elections shall be borne in equal shares by the City and by
each employee organization appearing on the ballot.
Sec. 7. Procedure for Decertification of Exclusively Recognized Employee
Organization:
A Decertification Petition alleging that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in an
established appropriate unit may be filed with the Employee Relations Officer at
any time following the first full year of recognition, provided however, that if a
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Memorandum of Understanding is in effect for less than a three-year period of
time, then a Decertification Petition may only be filed during the thirty (30) day
period commencing one hundred twenty (120) days prior to the termination date of
the Memorandum of Understanding then having been in effect less than three (3)
years. (If the Memorandum of Understanding is in effect for a time period greater
than three (3) years, then the Decertification Petition may also be filed at any time
following the expiration of the three-year period.) A Decertification Petition may be
filed by two or more employees or their representative, or an employee
organization, and shall contain the following information and documentation
declared by the duly authorized signatory under penalty of perjury to be true,
correct and complete:
a. The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices or requests for further information.
b. The name of the established appropriate unit and of the incumbent Exclusively
Recognized Employee Organization sought to be decertified as a
representative of that unit.
c. An allegation that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in the
appropriate unit, and any other relevant and material facts relating thereto.
d. Proof of employee support that at least thirty (30) percent of the employees in
the established appropriate unit no longer desire to be represented by the
incumbent Exclusively Recognized Employee Organization. Such proof shall
be submitted for confirmation to the Employee Relations Officer or his/her
delegate within the time limits specified in the first paragraph of this Section.
An employee organization may, in satisfaction of the Decertification Petition
requirements hereunder, file a Petition under this Section in the form of a
Recognition Petition that evidences proof of employee support of at least thirty
(30) percent, that includes the allegation and information required under
paragraph (c.) of this Section 7, and otherwise conforms to the requirements of
Section 3 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has
been filed in compliance with the applicable provisions of this Article II. If his/her
determination is in the negative, he/she shall offer to consult thereon with the
representative(s) of such petitioning employees or employee organization and, if
such determination thereafter remains unchanged, shall return such Petition to the
employees or employee organization with a statement of the reasons therefore in
writing. The petitioning employees or employee organization may appeal such
determination in accordance with Sec. 11 of this Article II. If the determination of
the Employee Relations Officer is in the affirmative, or if his negative
determination is reversed on appeal, he/she shall give written notice of such
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Decertification or Recognition Petition to the incumbent Exclusively Recognized
Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election
to be held on or about fifteen (15) days after such notice to determine the wishes of
unit employees as to the question of decertification and, if a Recognition Petition
was duly filed hereunder, the question of representation. Such election shall be
conducted in conformance with Sec. 6 of this Article II.
During the "open period" specified in the first paragraph of this Sec. 7, the
Employee Relations Officer may on his/her own motion, when he/she has reason
to believe that a majority of unit employees no longer wish to be represented by the
incumbent Exclusively Recognized Employee Organization, give notice to that
organization and all unit employees that he/she will arrange for an election to
determine that issue. In such event, any other employee organization may within
fifteen (15) days of such notice file a Recognition Petition in accordance with this
Sec. 7, which the Employee Relations Officer shall act on in accordance with this
Sec. 7.
If, pursuant to this Sec. 7, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization, such
organization shall be bound by all the terms and conditions of any Memorandum of
Understanding then in effect for its remaining term.
Sec. 8. Policy and Standards for Determination of Appropriate Units:
The policy objectives in determining the appropriateness of units shall be the effect
of a proposed unit on (1) the efficient operations of the City and its compatibility with
the primary responsibility of the City and its employees to effectively and
economically serve the public, and (2) providing employees with effective
representation based on recognized community of interest considerations. These
policy objectives require that the appropriate unit shall be the broadest feasible
grouping of positions that share an identifiable community of interest. Factors to be
considered shall be:
a. Similarity of the general kinds of work performed, types of qualifications required,
and the general working conditions.
b. History of representation in the City and similar employment; except however, that
no unit shall be deemed to be an appropriate unit solely on the basis of the extent to
which employees in the proposed unit have organized.
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c. Consistency with the organizational patterns of the City.
d. Number of employees and classifications, and the effect on the administration of
employer-employee relations created by the fragmentation of classifications and
proliferation of units.
e. Effect on the classification structure and impact on the stability of the employer-
employee relationship of dividing a single or related classifications among two or
more units.
f. Effect of differing legally mandated impasse resolution procedures.
Notwithstanding the foregoing provisions of this Section, managerial and confidential
responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in
establishing appropriate units hereunder, and therefore managerial and confidential
employees may only be included in a unit consisting solely of managerial-or confidential
employees respectively. Managerial and confidential employees may not represent any
employee organization which represents other employees.
Peace Officers may be required to be represented in separate units composed solely of
such peace officers. These units shall not be represented by an organization that,
directly or indirectly, is subordinate to any other employee organization which includes
non-peace officers.
The Employee Relations Officer shall, after notice and consultation with affected
employee organizations, allocate new classifications or positions, delete eliminated
classifications or positions, and retain, reallocate or delete modified classifications or
positions from units in accordance with the provisions of this Section. The decision of
the Employee Relations Officer shall be final to the extent the decision withstands any
appeals pursuant to (Section 11) herein Appeals.
Sec. 9. Procedure for Modification of Established Appropriate Units:
Requests by employee organizations for modifications of established appropriate units
may be considered by the Employee Relations Officer only during the period specified
in Sec. 7 of this Article II. Such requests shall be submitted in the form of a Recognition
Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall
contain a complete statement of all relevant facts and citations in support of the
proposed modified unit in terms of the policies and standards setforth in Sec. 8 hereof.
The Employee Relations Officer shall process such petitions as other Recognition
Petitions under this Article II.
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The Employee Relations Officer may, at the request of any employee or group of
employees or on his/her own motion, propose during the period specified in Sec. 7 of
this Article that an established unit be modified. The Employee Relations Officer shall
give written notice of the proposed modification(s) to any affected employee
organization and shall hold a meeting concerning the proposed mOdification(s), at
which time all affected employee organizations shall be heard. Thereafter the
Employee Relations Officer shall determine the composition of the appropriate unit or
units in accordance with Sec. 8 of this Article II, and shall give written notice of such
determination to the affected employee organizations. The Employee Relations
Officer's determination may be appealed as provided in Section 11 of this Article. If a
unit is modified pursuant to the motion of the Employee Relations Officer hereunder,
employee organizations may thereafter file Recognition Petitions seeking to become
the Exclusively Recognized Employee Organization for such new appropriate unit or
units pursuant to Sec. 3 hereof.
Sec. 10. Procedure for Processing Severance Requests:
An employee organization may file a request to become the recognized employee
organization of a unit alleged to be appropriate that consists of a group of employees
who are already a part of a larger established unit represented by another recognized
employee organization. The timing, form and processing of such request shall be as
specified in Sec. 9 for modification requests.
Sec. 11. Appeals:
An employee organization aggrieved by a determination of the Employee Relations
Officer regarding a Recognition Petition (Sec. 3), Challenging Petition (Sec. 5),
Decertification of Recognition Petition (Sec. 7), Policy and Standards for Determination
of Appropriate Units (Sec. 8), Unit Modification Petition (Sec. 9), or Severance Petition
(Sec. 10) may, within ten (10) days of notice thereof, submit the matter to mediation
by requesting the intervention of the California State Mediation and Conciliation
Service or may, in lieu thereof or thereafter, appeal such determination to the City
Council for final decision within fifteen (15) days of notice of the Employee Relations
Officer's determination or the termination of mediation, whichever is later.
If a group of employees has filed a Decertification Petition and they are aggrieved by a
determination of the Employee Relations Officer regarding the processing of such
petition, the employees may use the appeal process outlined above.
Appeals to the City Council shall be filed in writing with the City Manager, and a copy
thereof served on the Employee Relations Officer. The City Council shall commence
to consider the matter within thirty (30) days of the filing of the appeal or such later
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time as is practicable. The City Council may, in its discretion, refer the dispute to a
third party hearing process for an advisory decision. Any decision of the City Council
on the use of such procedure, and/or any decision of the City Council determining the
substance of the dispute shall be final and binding.
Article III - Administration
Sec. 12. Submission of Current Information by Recognized Employee Organizations:
All changes in the information filed with the City by an Exclusively Recognized
Employee Organization under items (a.) through (h.) of its Recognition Petition
under Sec. 3 of this Resolution shall be submitted in writing to the Employee
Relations Officer within fourteen (14) days of such change.
Sec. 13. Employee Organization Activities - Use of City Resources:
Access to City work locations and the use of City paid time, facilities, equipment
and other resources by employee organizations and those representing them
shall be authorized only to the extent provided for in Memoranda of
Understanding, City Personnel Rules and Regulations and/or administrative
procedures, shall be limited to lawful activities consistent with the provisions of
this Resolution and shall not interfere with the efficiency, safety and security of
City operations.
Sec. 14. Administrative Rules and Procedures:
The City Manager is hereby authorized to establish such rules and procedures as
appropriate to implement and administer the provisions of this Resolution after
consultation with affected employee organizations.
Article IV - Impasse Procedures
Sec. 15. Initiation of Impasse Procedures:
If the meet and confer process has reached impasse as defined in Section 2 of
this Resolution, either party may initiate the impasse procedures by filing with the
other party a written req uest for an impasse meeting, together with a statement of
its position on all issues. An impasse meeting shall then be scheduled promptly
by the Employee Relations Officer. The purpose of such meeting shall be:
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a. To review the position of the parties in a final effort to reach agreement on a
Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss arrangements for the utilization of
the impasse procedures provided herein.
Sec. 16. Impasse Procedures:
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and agree on the
selection of a mediator, the dispute shall be submitted to mediation. All
mediation proceedings shall be private. The mediator shall make no public
recommendation, nor take any public position at any time concerning the
Issues.
b. If the parties fail to agree to submit the dispute to mediation or fail to agree on
the selection of a mediator, or fail to resolve the dispute through mediation
within fifteen (15) days after the mediator commenced meeting with the
parties, the parties may agree to submit the impasse to fact-finding.
If the parties agree on fact-finding, they may agree on the appointment of one
or more fact-finders. If they fail to so agree on one or more fact-finders, a
fact-finding panel of three (3) shall be appointed in the following manner: One
member of the panel shall be appointed by the Employee Relations Officer,
one member shall be appointed by the Exclusively Recognized Employee
Organization, and those two shall name a third, who shall be the chairperson.
If they are unable to agree upon a third, they shall select by agreement the
third member from one or more lists of seven (7) names of individuals having
fact-finding experience in the municipal sector to be provided by the California
State Mediation and Conciliation Service.
The following constitute the jurisdictional and procedural requirements for
fact-finding:
(1) The fact-finders shall consider and be guided by applicable federal and state
laws (and Municipal Code provisions).
(2) Subject to the stipulations of the parties, the fact-finders shall determine and
apply the following measures and criteria in arriving at their findings and
recommendations:
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a. First, as relevant to the issues in dispute, the fact-finders shall
compare the total compensation, hours and conditions of employment
of the employees involved in the fact-finding proceeding with the total
compensation, hours and conditions of employment of other
employees performing similar services in public and private
employment in the same and comparable communities. ''Total
compensation" shall mean all wage compensation, including but not
limited to premium, incentive, minimum, standby, out-of-class and
deferred pay; all paid leave time; all allowances, including but not
limited to educational and uniform benefits; and employer payments
for all health, welfare and pension benefits.
b. The fact-finders shall then adjust the results of the above
comparisons based on the following factors:
(i) The compensation necessary to recruit and retain qualified
personnel.
(ii) Maintaining compensation relationships between job
classifications and positions within the City.
(iii) The pattern of change that has occurred in the total
compensation of the employees in the unit at impasse as
compared to the pattern of change in the average "consumer
price index" for goods and services, and the pattern of change
in wages and compensation of other wage earners.
c. The fact-finder(s) shall then determine preliminary recommendations
based on the comparisons as adjusted above which, however, shall
be reduced as appropriate based on the financial resources of the
City to implement them. In assessing the City's financial resources,
the fact-finder(s) shall be bound by the following:
(i) Other legislatively determined and projected demands on
agency resources, i.e., budgetary priorities as established by
the governing body; and
(ii) Allowance for equitable compensation increases for other
employees and employee groups for the corresponding fiscal
period(s); and
(iii) Revenue projections not to exceed currently authorized tax
and fee rates for the relevant fiscal year(s); and
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(iv) Assurance of sufficient and sound budgetary reserves; and
(v) Constitutional and statutory limitations on the level and use of
revenues and expenditures as well as adopted Financial
Policies.
(3) The fact-finders shall make written findings of fact, and advisory
recommendations for the resolution of the issues in dispute, which shall be
presented in terms of the criteria, adjustments, and limitations specified
above. Any member of a fact-finding panel shall be accorded the right to file
dissenting written findings of fact and recommendations. The fact-finder or
chairperson of the fact-finding panel shall serve such findings and
recommendations on the Employee Relations Officer and the designated
representative of the Exclusively Recognized Employee Organization. If
these parties have not resolved the impasse within ten (10) days after
service of the findings and recommendations upon them, the fact-finder or
the chairperson of the fact-finding panel shall make them public by
submitting them to the City Manager for consideration by the City Council in
connection with the Council's legislative consideration of the impasse.
If the parties did not agree on mediation or the selection of a mediator and
did not agree on fact-finding, or having so agreed, the impasse has not been
resolved, the City Council may take such action regarding the impasse as it
in its discretion deems appropriate as in the public interest. Any legislative
action by the City Council on the impasse shall be final and binding.
In the case of law enforcement personnel, the lawful impasse procedures
provided by applicable statutes of the Meyers-Milias-Brown Act shall govern.
Sec. 17. Costs of Impasse Procedures:
The cost for the services of a mediator and fact-finder or chairperson of a
fact-finding panel utilized by the parties, and other mutually incurred costs of
mediation and fact-finding, shall be borne equally by the City and Exclusively
Recognized Employee Organization. The cost for a fact-finding panel member
selected by each party, and other separately incurred costs, shall be borne by such
party.
Article V - Miscellaneous Provisions
Sec. 18. Construction:
This Resolution shall be administered and construed as follows:
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a. Nothing in this Resolution shall be construed to deny to any person, employee,
organization, the City, or any authorized officer, body or other representative of the
City, the rights, powers and authority granted by federal or state law.
b. This Resolution shall be interpreted so as to carry out its purpose as set forth in
Article I.
c. This Resolution shall be construed in a manner consistent with any and all existing
federal or state laws relating to employee-employer relations.
Sec. 19. Severability:
If any provision of this Resolution, or the application of such provision to any
persons or circumstances, shall be held invalid, the remainder of this Resolution, 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.
PASSED AND ADOPTED this 21st day of May, 2002, by the following roll call
vote:
AYES:
Councilmembers: Burr I Kennedy I Furtado I Watson
NOES:
Councilmembers: None
ABSENT:
Councilmembers: Dean
APPROVED:
~d:r
Je81lette Watson, Mayor
ATTEST:
~
Anne Bybee, City Clerk
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