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HomeMy WebLinkAboutCC Ord 1310 Not Adopted ORDINANCE NUMBER /.9/0 ;Y:r /l ~L)r.: c..... /'(1J '-'ELJ ? - 9- Po -...... ~ ..,~ '- 7-ae-9t:J '. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 16A OF THE SEAL BEACH MUNICIPAL CODE RELATING TO EMPLOYEE RELATIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: I SECTION 1. Sec. 16A-1. Sec. ,16A-2. Sec. 16A-3. Sec. 16A-4. Sec. 16A-5. Sec. 16A-6. Sec. 16A-7. Sec. 16A-8. Sec. 16A-9. Sec. 16A-10. I Sec. 16A-ll. Sec. 16A-12. Sec. 16A-13. Sec. 16A-14. Sec. 16A-15. Sec. 16A-16. Sec. 16A-17. Sec. 16A-18. Sec. 16A-19. Chapter 16A of the Code of the City of Seal Beach, California is hereby amended to read as follows: Employer-Employee Relations. Article I - General provisions Statement of purpose Definitions Article II - Reoresentation proceedinas Filing of Recoanized "Recognition" Petitions by Employee Organizations. City Response to Recognition Petitions Open Period for Filing Challenging Petition Election Procedure Procedure for Decertification of Exclusively Recognized Employee Organizations Policy and Standards for Determination of Appropriate Units Procedure for Modification of Established Appropriate Units Appeals Article III - Administration Submission of Current Information by Recognized Employee organizations Payroll Deduction on Behalf of Employee o~:ganizations Employee Organization Activities - Use of city Resources. Administrative Rules and Procedures Article IV - Imoasse Procedures Initiation of Impasse Procedures Impasse Procedures Costs of Impasse Procedures Article V - Miscellaneous provisions Construction Severability Article I -- General Provisions section 16A-1. Statement of Puroose. I This Chapter implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500 et seq) captioned "Local Public Employee Organization," by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of State law, city Charter, 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 Chapter is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the Ordinance Number ~/~ establishment of uniform and orderly methods of communications between employees, employee organizations and the city. It is the purpose of this Chapter to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve 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 or the city Charter. However, nothing herein shall be construed to restrict any legal or inherent exclusive city rights with respect to matters of general I legi~lative 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; directs its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; 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. Section 16A-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: a. "Appropriate Unit" means a unit of employee classes or positions established pursuant to Article II hereof. b. "Board" means the civil Service Board of the City of Seal Beach. c. "City" means the city of Seal Beach, and, where appropriate herein, refers to the city Councilor any duly authorized City representative as herein defined. I d. "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. e. "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter proposals 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. f. "Day" means calendar day unless expressly stated otherwise. g. "Employee Relations Officer" means the City Manager or his duly authorized representative. h. "Fact-finding" means identification of the major issue or issues in a particular difference between employer and a recognized employee organization, review of the positions of the parties, resolution of factual differences by one or more impartial fact finders, and, in the discretion of the fact finders, the making of recommendations for settlement. I .. I I I Ordinance Number ;I~~o i. "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. j. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. ,k. "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. The only authorization Mhich shall be considered a proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition. 1. "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 representation 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. m. "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 $uch authority is not of a merely routine or clerical nature, but requires the use of independent judgement. Article II -- Representation proceedinas section 16A-3. Filina of Recoanition Petition bv Emp10vee oraanization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employee in an appropriate unit shall file a petition with the Employee Relll'l:.i.ons Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. c. Name of employee organization representatives who are authorized to speak on behalf of the organization. Ordinance Number /~/o 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. 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. e. certified copies of the employee organization's constitution and by-laws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United state mail will be deemed sufficient notice on the employee organization for any purpose. f. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age or physical disability. i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. The petition for a representation unit or a recognized employee organization must be accompanied by proof of employees approval equal to at least fifteen (15) percent of the employees within the proposed representation unit; provided, that upon a showing that the approval of the petition by a number equal to fifteen (15) percent of the total full-time city employees is not possible because of the limitations and requirements concerning professional' employees, management employees, supervisory employees, and confidential employees not being in the same unit with nonsupervisory, nonconfidential employees, and nonmanagement employees as the case may be, the petitioning organization may request a waiver of this reqirement from the personnel officer.. 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. j. If the employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization seeks to represent full-time peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, the Petition for Recognition must contain the following additional information and documentation: a. b. The peace organizations composed solely of full-time peace officers, as defined in Chapter 4.5 (commencing with section 830 of Title 3 of Part 2 of the Penal Code; The employee organization concerns itself solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of academic and vocational training in furtherance of the police profession; c. The employee organization is not subordinate to any other organization. I I I I I I Ordin~nce Number ~~,1~ 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. Section 16A-4. Citv Response to Recoanition Petition. Upon receipt of the Petition, the Employee Relations Officer shall determine whether: 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 16A-8 of this Article II. a. If a~ affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall inform the petitioning employee organization, by giving written notice of such required affirmative action 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 offer to consult thereon 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 Section 16A-10 of this Chapter. section 16A-5. Open Period for Filina Challenaina 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 section 16A-3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations 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 section 16A-8 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination as communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to section 16A-10 of this Article II. Section 16A-6. Election Procedure. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer, in accordance with its rules and procedures subject to the provisions of this Chapter. 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 Ordinance Number 1~/t' section 16A-4. citv Resconse to Recoanition 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 16A-8 of this Article II. If an affirmative determination is made by the Employee Relations I Officer on the foregoing two matters, he shall inform the petitioning employee organization, by giving written notice of such ,required affirmative action 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 offer to consult thereon 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 section 16A-10 of this Chapter. Section 16A-5. Ocen Period for Filina Challenaina 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 I to be appropriate of at least thirty (30) percent and otherwise in the same form and manner'as set forth in Section 16A-3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations 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 Section 16A-8 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination as communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section l6A-l0 of this Article II. Section 16A-6. Election Procedure. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to ~y the Employee Relations Officer, in accordance with its rules and procedures subject to the provisions of this Chapter. All employee organizations who have duly submitted petitions which have been dete~mined 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 I I I I Ordiiartce Number ~~/~ 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 eiec~ion. There shall be no more than one valid election under this Chapter 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. Section 16A-7. Procedure for Decertification of Exclusivelv Recoanized EmDlovee Oraanization. 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 only during the month of March of. any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination dated of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. 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 t~ue, 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 or the incumbent Exclusively Recognized Employee Organization sought to be decertified as the 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 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 conformation "confirmation" to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organi~ation 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) Ordinance Number J'~~ percent that includes the allegation and information required under paragraph (c.) of this Section l6A-7, and otherwise conforms to the requirements of Section 16A-3 of this Article. The Employee Relations officer shall initially determine whether the Petition has been filed in compliance with the applicable provision of this Article II. If his determination is in the negative, he 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 I employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with section 16A-10 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 shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee organization and to the 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 Section 16A-6 of this Article II. During the "open period" specified in the first paragraph of this Section 16A-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 I employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section l6A- 7, which the Employee Relations Officer shall act on in accordance with this Section 16A-7. If, pursuant to this Section 16A-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. Section 16A-S. Policy and Standards for Determination of Annronriate 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. I b. History of representation in the City and similar employment; except however, that no unit shall be deemed, to be an appropriate unit soley on the basis of the extent to which employees in the proposed unit have organized. I I I OrdiJ!~uice Number /~/O c. consistency with the organizational patterns of the city. d. Number of employees and classifications, and the effect on the adminstration of employer-employee relations created by the fragmentation of classifications and proliferation of units. 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. e. Notwithstanding the foregoing prov1s1ons of this section, managerial, supervisory and confidential responsibilities, as defined in Section 16A-2 of this Chapter, are determining factors in establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential employees may only be included in units that do not include non-managerial, non- supervisory and non-confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. The Employee Relations Officer shall, after notice to 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. Section 16A-9. Procedure for Modification of Established A~~ro~riate 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 Section 16A-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 Section 3 of this Article, shall contain a complete modified unit in terms of the policies and standards set forth in Section 16A-8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions u~der this Article II. The Employee Relations Officer may on his/her own motion propose during the period specified in Section 16A-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 Section 16A-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 16A-10 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 Section 16A-3 hereof. Section 16A-10. A~~eals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article II 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 Grdinance Number /~/l? determination or the termination of proceedings pursuant to Government Code Sections 3507.1 and 3507.3 whichever is later. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 16A-3)i Challenging Petition (Section 16A-5) or Decertification of Recognition Petition (Section 16A-7) -- or employees aggrieved by a ,determination of the Employee Relations Officer that a compliance with the applicable provisions of this Article may, within fifteen (15) days of notice of such determination, appeal the determinatioD to the city Council for final decision, or may, I within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3. Appeals to the City Council shall be filed in writing with the City Clerk 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. The city council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council determining the substance of the dispute shall be final and binding. Article III -- Adminstration section 16A-11. Submission of Current Information bv Recoqnized Employee Orqanizations. 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 section 16A-3 of this Chapter shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. section 16A-12. Pavroll Deductions on Behalf of Employee Orqanizations. upon formal acknowledgement by the city of an Exclusively Recognized Employee Organization under this Chapter, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms provided therefore by the city. The providing of such service to the Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memorandum of Understanding and/or applicable administrative procedures. Section 16A-13. Employee orqanization 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 Memorandum of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Chapter that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office and organization meetings and elections, and shall not interfere with the efficiency, safety and security of city operations. section 16A-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 Chapter after consultation with affected employee organizations. I I I I I Ordinance Number /~/~ . Article IV -- Imnasse Procedures Section 16A-15. Initiation of Imnasse Procedures. If tbe meet and confer process has reached impasse as defined in this Chapter, either party may initiate the impasse procedures by filing with the other party a written request 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: a. To review the position of the parties in a final effort to reach agreement on a Memo~andum of Understanding; and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 16A-16. Imnasse Procedures. Impasse procedures are as follows a. If the part~es agree to submit the dispute to mediation and agrae 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 anyti~e concerning the issues. 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. c. 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 "fact-finder", they shall be select by agreement the third member from one or more lists of even (7) names of individuals having fact-finding experience in the municipal sector to be provided by the State Conciliation Service. b. The following constitute the jurisdictional and procedural requirements for fact-finding: (1) The fact-finjers shall consider and be guided by applicable Federal and State laws (and Charter provisions). (2) Subject to the stipulations of the parties, the fact-finders shall determi~e and apply the following measures and criteria in a~riving at their findings and recommendations: (a) First, as relevant to the issues in dispute, the fact finder(s) 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 Ordinance Number /~/~ compensation, including, but not limited to premium, ince~tive, minimum, standby, out-of-class and deferredpay; 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-finder(s) shall then adjust the results of the above comparisons base on the following factor: The compensation necessary to recruit and retain qualified personnel. 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. (i) (H) I (c) The fact-finder(s) shall then determine preliminary recommendations based on the comparison 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 "constraints" as established by the governing body; and Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and (H) (Hi) (iv) (v) I Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); and Assurance of sufficient and sound budgetary reserves; and Constitutional, statutory and charter limitations on the level and use of revenues and expenditures. (3) The fact-finder(s) shall make written findings of fact and 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-finders 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 I recommendations upon them, the fact-finder or the chairperson of the fact-finding panel shall make them public by sUbmitting them to the city Clerk 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 I I I Ordin;nde Number /.9/tJ 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. section 16A-17. Costs of Impasse Procedures. The costs 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 pa~ty, and other separately incurred costs, shall be borne by such party. Article V -- Miscellaneous provisions Section 16A - 18 Construction. This Chapter shall be administered and construed as follows: (a) Nothing in this Chapter 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 or City Charter provisions. (b) This Chapter shall be interpreted so as ~o carry out its purposes as set forth in Article I. (c) Nothing in this Chapter shall be construed as making the provisions of California Labor Code Section 923 applicable to city Employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, in any strike, sickout or other total or partial stoppage or slowdown of work, In ~onsideration of and as a condition of initial and continued employment by the city, employees recognize that a~y such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive State or ~ontrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit any rights accorded them under City law or contact. section 16A-19. Severabilitv. If any provision of this Chapter, or the application of such provision to any persons or circumstance, shall beheld invalid, the remainder of this Chapter, or the application of such provision to persons or circumstance other than those as to which it is held invalid, shall not be affected thereby. PASS~D, APPROVED AND A~OPTED Seal Beach, California, at a day by the City Council of the City of regular meeting thereof held on the , 1990. ~ Mayor Pro Tempore ATTEST: City Clerk 'Ordinance Number /,,3/0 STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that th~ foregoing ordinance is the original co of Ordinance Number /~/" on file in the ~ice of the cit C erk, introduced at a meeting held on the - day of , 1990 and passed, approved and adopted by e C' y Council of the City of Seal Beach at a meeting thereof eld on the day of , 1990by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: co~ncilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk I I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.l STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a pa~ty to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superiot Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: ~~ l'-{ all in the year 192Q. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, -lu.-rtL 19.2Q. this l~ day of CDIY'-~ ~"AM~ ,. Signature PUBL!CATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 Ordinance Number /~/@ This space is for the County Clerk'5 Filing Stamp Proof of Publication of P~~B.~:r.C. .~o.'l::r.~EiI.~l\ql.i,c;. .I\Eta.t:i.l1.<1 . . . . /:1rM~C":\.t: . ':6 . .CJ..~~.l. .~ {g/! . 'NM'lCEOPIlU.uC"'~ARlNOi :NOTICE'1S HEAEB!,~1LlI1al ,''''' Cily'Councll'6t,jj;.~ClIJ of SaaI ;\....... ~ will ~~ IlaarinG ! on Monda,. Ju"'''JI!;;1'!l'C!;~,,7:OO : p.m:in ,111. ClIy C6iin~Chamba1, . 211'8111 S-.,.S.?Biii..i;flI..... [-1kIer amendment Or chaP!;! .1M of j , lha Cada olll1a CIIy of SaaI Beacll, , ' 't5' ' PaIIonnal.lnllaanlRly.',., ' ' :,~~:~~</fy.CI!..lJjW,.99O ,': , ,'JoanilOM. .....ClIyCliJrli.." ! 'CIIJ 01 SaaI....,,: JI" ;'Publlshod In lha seilllaiCh Journal.