The purpose of this chapter is to promote full communication between the city and its employees by providing a reasonable method of dealing with issues regarding wages, hours, and other terms and conditions of employment between the city and its employees and their employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the city government by providing a uniform basis for recognizing the right of city employees to join employee organizations of their own choice and to be represented by such organizations in their employment relationships with the city. Nothing contained herein shall be deemed to supersede the provisions of state or federal law, ordinances or civil service rules established and regulating the city merit system.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
Except as otherwise provided by state or federal law, or as otherwise provided herein, employees of the city shall have the right to form, join, and participate in activities of employee organizations of their own choosing, for the purpose of representation on matters of employer-employee relations. Employees also shall have the right to refuse to join or participate in the activities of employee organizations. Subject to limitations in Meyers Milias Brown Act, employees shall have the right to represent themselves individually in their employment relations with the city.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
A. 
To ensure that the city is able to carry out its statutory and charter functions and responsibilities, nothing contained in this chapter shall be construed to require the city to negotiate on matters which are solely a function of management, including, but not limited to, the following:
1. 
To manage the city generally and to determine the issues of policy;
2. 
To determine the existence of facts which are the basis of management decisions;
3. 
To determine the necessity for and organization of any service or activity conducted by the city, and to expand or diminish services;
4. 
To determine the nature, manner, means, technology, and extent of services to be provided to the public;
5. 
To determine methods of financing;
6. 
To determine types of equipment or technology to be used;
7. 
To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to allocate and assign the work by which city operations are to be conducted;
8. 
To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operation of the city, except where such contracts for service would be for the purpose of workforce reductions;
9. 
To assign work to and schedule employees in accordance with requirements as determined by the city, and to establish and change work schedules and assignments upon reasonable notice and good faith consultation;
10. 
To lay off employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or nonproductive;
11. 
To establish and modify productivity and performance programs and standards;
12. 
To dismiss, suspend without pay, demote, reprimand, withhold salary step increases, or otherwise discipline employees for cause;
13. 
To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and job classifications, and to reclassify employees;
14. 
To hire, transfer, promote, and demote employees for nondisciplinary reasons;
15. 
To determine policies, procedures, and standards for selection, training, and promotion of employees;
16. 
To establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance with such standards;
17. 
To maintain order and efficiency in city facilities and operations;
18. 
To establish, publish, and/or modify rules and regulations to maintain order and safety and health in the city that are not in contravention of these regulations or the personnel rules;
19. 
To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in these regulations;
20. 
To take any and all necessary action to carry out the mission of the city in emergencies.
B. 
Authority. No neutral third party, including the personnel board, shall have the authority to add, delete or otherwise modify any provision of these employer rights, authorities, or functions, but shall be limited to matters of interpretation only.
C. 
Grievances. The employer rights set forth in this section shall not remove or limit the right of any classified employee to exercise grievance procedures.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
A. 
Restrictions. Management and confidential employees who are members of an employee organization that includes as members employees who are not management or confidential employees shall not:
1. 
Serve as officers of such employee organization; or
2. 
Serve on committees which deal with representation of nonmanagement or nonconfidential employees concerning matters within the scope of representation; or
3. 
Serve as representatives of such employee organization before management.
B. 
Definition. As used in this section, the term management and confidential employees shall refer to those employees assigned to the position classifications listed in the current position allocation schedule for the management and confidential groups, and any other classification that the city may designate.
1. 
Confidential Employees. The confidential designation of selected positions protects the confidentiality of the city’s bargaining process and strategy, both in general contract negotiations and in day-to-day interaction with employee unions and associations. The employees who occupy positions designated as confidential by the director serve as essential support members to the management team and their confidentiality is assured by their exclusion from any organized bargaining units, as described above.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
The city manager or designee shall represent the interests of city administration in matters of employer-employee relations.
The director is designated as the employee relations officer and chairperson of the employee relations committee, and who, upon approval of the city manager, may designate other management officers as members of the employee relations committee. Further, the director is authorized to establish rules and procedures to carry out the intent of this chapter, including the authority for its administrative interpretation. The director and/or employee relations officer will not take sides with any petitioning employees or employee organizations under this policy and will review all requests and petitions objectively for compliance with the requirements set forth in this policy.
All elections related to employee organizations authorized by this chapter shall be conducted by the State Mediation and Conciliation Service or some other party agreed upon by the city and concerned employee organizations. The expenses, if any, of conducting an election shall be shared equally by the city and employee organization involved in the election.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
A. 
Standards for Determination of Appropriate Unit. The employee relations officer shall determine the appropriateness of employee representation 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. The following factors, among others, shall be considered in determining an appropriate representation unit:
1. 
Minimizing fragmentation of units by achieving the largest feasible group of employees having a community of interest;
2. 
The effect of the proposed unit on the efficient operation of city services and sound employment relations;
3. 
The history of employee relations in the unit and among other employees in the city; provided, however, that no unit shall be established on the basis of the extent to which the employees have organized;
4. 
Similarity of duties, skills, wages and benefit programs, working conditions of employees, and prerequisites of job classes;
5. 
Whether management officials at the level of the unit have the power to agree or to make effective recommendations to other administrative authority or to the city council with respect to wages, hours, and other terms and conditions of employment subject to negotiation;
6. 
The effect on the classification structure and impact on the stability of the employer-employee relationship of dividing related classification among two or more units; and the effect on the existing classification structure of dividing a single classification among two or more units;
7. 
Management and confidential employees shall not be included in the same unit with nonmanagement or nonconfidential employees;
8. 
No employee shall be included in more than one representation unit.
Whenever a new classification is adopted by the city, the director may allocate such classification to an appropriate representation unit after consultation with employee organizations requesting same. A routine title change of an existing classification is not subject to this provision.
The total number of employees in a proposed representation unit shall be determined by using authorized budgeted positions, adjusted to reflect the positions occupied as of the date of the petition.
B. 
Petition. An employee organization which seeks to be the recognized employee organization for a representation unit which has been requested or is already established shall file a petition with the director. The petition shall contain:
1. 
Name and address of employee organization;
2. 
Names and titles of its officers;
3. 
Names of the employee organization representatives who are authorized to speak on behalf of its members;
4. 
Information as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization and, if so, the name and address of each such regional, state, national or international organization;
5. 
Copies of the employee organization’s constitution and bylaws;
6. 
A statement that the employee organization has no restriction on membership based on race, color, religion, ancestry, national origin, age, sex, sexual orientation, marital status, political affiliation, family care leave status, pregnancy, physical or mental disability, medical condition, or other legally protected characteristic;
7. 
A designation of the names and addresses of no more than two persons to whom notices sent by regular United States mail or personally delivered will be deemed sufficient notice to the employee organization for all purposes unless otherwise specified herein;
8. 
Description of the representation unit for which the employee organization seeks certification;
9. 
A statement showing proof of employee approval, as prescribed below, that the organization represents at least 30 percent of the employees in the representation unit.
C. 
Proof of Employee Approval. As used herein, this means that the employee organization submitting a petition to the employee relations officer has demonstrated proof of approval by the employees whom it purports to represent by means of any one or any combination of the following. Further, the employee’s signature, whether on a petition or an authorization card, shall signify the employee’s approval of conducting a representation election.
1. 
Signed and dated signatures on a petition;
2. 
Signed and dated employee authorization cards;
3. 
Documented evidence of current dues-paying employee organization membership or payroll dues deductions, using the payroll period immediately prior to the date the petition is filed.
For purposes of subsections (C)(1) and (2) above, only signatures of employees currently employed in regular positions within the proposed representation unit on the date the petition is filed, and whose signatures have been executed within 60 calendar days prior to the date the petition is filed, shall be accepted as proof of employee approval.
D. 
Notice and Election. The employee relations officer shall give notice of the request for certification to the employees in the unit and to the employee organization, if any, which is then currently certified as the representative of the unit. Such notice shall be given within five business days following receipt by the employee relations officer of the request for certification, excluding Saturday, Sunday, and holidays. Upon determining that the petitioning employee organization represents at least 30 percent of the employees in the representation unit, the employee relations officer shall arrange for a secret ballot election to ascertain the free choice of a majority of such employees, the date, time and place of which shall be determined by the employee relations officer.
Any other employee organization shall be shown as one choice on the ballot, upon filing of a petition and presentation of the aforementioned proof that the organization represents at least 30 percent of the employees in the representation unit. Such petition for a place on the ballot must be filed within seven calendar days after notice of the petition for election has been mailed by the employee relations officer to the employees.
In all certification or decertification elections, the choices on the ballot shall be the currently recognized employee organization for the unit, if any, challenging employee organizations, and “no representative organization.”
Employees entitled to vote in a representation election shall be those employees in regular positions within the representation unit who were regular employees at least 15 days prior to the date of the election. Employees who did not work during the above-described time period because of illness, vacation, or authorized leave of absence, and who are otherwise eligible, shall be permitted to vote.
E. 
Exclusive Recognition. An employee organization shall be granted formal recognition as the exclusive recognized employee organization by the employee relations officer following an election or runoff election if:
1. 
That employee organization has received a numerical majority of the votes cast by the employees within the unit in which the election is held;
2. 
In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a runoff election.
Notification of recognition shall be made to the city council, departments concerned, employees in the unit being represented, challenging exclusive employee organizations, and such other persons or organizations as the employee relations officer deems appropriate. The employee relations officer may refuse to certify the winner of an election as the exclusive recognized employee organization for that unit or units, if the employee relations officer has reason to believe that the winner of such election has coerced, intimidated, or grossly misled employees in securing or attempting to secure their votes; or has violated any applicable federal or state law or rule adopted for orderly and responsible employeremployee relations; or otherwise has disturbed the “laboratory conditions” which are desirable for a free and fair election. The city council shall either require the employee relations officer to certify the winner of the election as the exclusive recognized employee organization for that unit or units, or uphold the determination of the employee relations officer and require another election.
The recognized employee organization shall be representative of all the employees in such unit for purposes of meeting and conferring in good faith on matters within the scope of representation.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
A. 
Request. Provided that at least 12 months have elapsed from the most recent date of certification of an organization, requests for decertification of that employee organization may be initiated by a petition from employees or by any other employee organization. No such request shall be processed unless it is filed no sooner than 120 calendar days and no later than 60 calendar days before the expiration of any then current memorandum of understanding or agreement between the city and the employee organization which is then presently certified as the representative of the unit for which decertification is requested.
A petition for decertification must contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete.
1. 
The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.
2. 
The name of the established appropriate unit of the incumbent recognized employee organization sought to be decertified as the representative of that unit.
3. 
An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
4. 
Proof of employee support that at least 30 percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization.
The petition must be submitted to the employee relations officer and must be accompanied by proof of employee approval, as previously defined, of at least 30 percent of the employees within the established representation unit no longer desired to be represented by the incumbent exclusively recognized employee organization.
B. 
Notice and Election. The employee relations officer shall give notice of the request for decertification to the employees in the unit and to the employee organization, which is then currently certified as the representative of the unit. Such notice shall be given within five business days following receipt by the employee relations officer of the request for decertification, excluding Saturday, Sunday, and holidays. Upon determining that the petitioning employee organization complies with the applicable provisions of this section and represents at least 30 percent of the employees in the representation unit, the employee relations officer shall arrange for a secret ballot election to ascertain the free choice of a majority of such employees, to determine which employee organization shall represent the unit or if there shall be no representative organization, the date, time and place of which shall be determined by the employee relations officer.
Any other employee organization shall be shown as one choice on the ballot, upon filing of a petition and presentation of the aforementioned proof that the organization represents at least 30 percent of the employees in the representation unit. Such petition for a place on the ballot must be filed within seven calendar days after notice of the petition for decertification has been mailed by the employee relations officer to the employees and the exclusive representative.
In all decertification elections, the choices on the ballot shall be the currently recognized employee organization for the unit, challenging employee organizations and “no representative organization.”
Employees entitled to vote in a decertification election shall be those employees in regular positions within the representation unit who were regular employees at least 15 days prior to the date of the election. Employees who did not work during the above-described time period because of illness, vacation, or authorized leave of absence, and who are otherwise eligible, shall be permitted to vote.
C. 
Decertification. An employee organization shall be decertified as the recognized employee organization by the employee relations officer following a runoff election if a majority of the employees represented by the recognized employee organization vote to revoke the recognition.
Notification of decertification shall be made to the city council, departments concerned, employees in the unit being represented, challenging employee organizations, and such other persons or organizations as the employee relations officer deems appropriate.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
Both employee organizations and the employee relations officer may initiate request to modify established units. An exclusive representative may initiate a petition under this section to: (1) add unrepresented classifications to a unit it represents; (2) divide a unit it represents into two or more units; (3) consolidate two or more units it represents into one unit; (4) delete classifications or position from a unit, where by virtue of changes in circumstances, the positions are no longer appropriate in the established unit; (5) make technical changes to clarify or update the unit descriptions; (6) resolve a dispute as to unit placement or designation of a new classification or position; or (7) delete classifications or positions in cases where no changes in circumstance are alleged, on the basis that the classification or position is management, confidential, supervisory, or professional, and is otherwise prohibited by law from inclusion in the unit.
An employee organization may request the modification of an established representation unit by submitting to the employee relations officer a petition that complies with the requirements in Section 3.17.060(B) and is accompanied by proof of employee approval of the proposed modification signed by not less than 30 percent of those employees who, if the proposed modification should be granted, would be moved from one representation unit to another. The petition must be accompanied with a statement containing the following information:
1. 
The name, address, and telephone and fax numbers of the exclusive representative(s) of the unit(s) affected by the petition;
2. 
A brief description of the title(s) of the established unit(s);
3. 
A brief description of the modification(s) sought by the petition, including, but not limited to, a statement of the position(s) or classification(s) that the petition seeks to include in the unit;
4. 
The name and address of any other employee organization known to have an interest in representing the employees covered by the petition; and
5. 
A statement of the reasons for the modification(s), including a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies set forth in Section 3.17.060(A).
A unit modification request may not be submitted until at least 12 months have elapsed from the most recent date of certification of the unit from which positions would be removed should the modification request be granted. No such request shall be processed unless it is filed no sooner than 120 calendar days and no later than 60 calendar days before the expiration of the then current memorandum of understanding or agreement between the city and the employee organization which is then presently certified as the representative of the unit from which one or more positions would be removed if the request were granted. All petitions for modified units shall be accompanied by a list of all classifications to be included in the modified unit and the number of employees in each classification, as well as the division(s) and/or department(s) to which they belong.
The employee relations officer shall process such petitions as any other recognition petition is processed under this policy.
The employee relations officer may on his or her own motion propose at appropriate times, that an established unit be modified. The employee relations officer must give written notice of the proposed modification(s), at which time all affected employee organizations must be heard. Thereafter, the employee relations officer must determine the composition of the appropriate unit or units in accordance with Section 3.17.060(A), and must give written notice of such determination to the affected employee organizations. The employee relations officer’s determination may be appealed as provided in Section 3.17.090. If a unit or units are modified, pursuant to the motion of the employee relations officer, so as to create a new unit or units, employee organizations may thereafter file recognition petitions seeking to become the recognized employee organization for such new appropriate unit or units during the 30 days immediately following the creation of such unit or units, by complying with the provision of Section 3.17.060.
Should the decision of the employee relations officer have the result of moving some employees from one representation unit to another, such employees will continue to work at the rate of pay, and under the same terms and conditions of employment, which they had in the unit from which they were transferred, until such time as the memorandum of understanding concerning the unit from which they were transferred which was in effect at the time of said transfer shall expire.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
An employee organization aggrieved by an appropriate unit determination of the employee relations officer under this policy may appeal such determination to the city council for final decision within 15 days of notice of the employee relations officer’s determination.
An employee organization aggrieved by a determination of the employee relations officer that a recognition petition; certification petition; or employees aggrieved by a determination of the employee relations officer that a decertification petition has not been filed in compliance with the applicable provisions of this policy, may within 15 days of notice of such determination appeal to the city council for final decision.
Appeals to the city council must be filed in writing with the city clerk and a copy thereof served on the employee relations officer. The city council must commence to consider the matter within 30 days of the filing of the appeal. Any decision of the employee relations officer 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.
(Ord. 5462 § 5, 2015)
Recognized employee organizations shall have the following rights, privileges, and obligations; however, nothing in this section shall prohibit any employee from self-representation in employment relation matters with the city:
A. 
Representation. The employee organization has the right to represent its members before the city council, employee relations committee, the personnel board, or any other appropriate management representative in matters regarding employment conditions or employer-employee relations, as provided in Government Code Section 3500 et seq.
B. 
Contacting Employees. Any authorized representative of a recognized employee organization may contact members of the organization in city facilities, provided such representative has first made arrangements with the department head or designee, to provide for a time when such contact does not disrupt city business. This right does not extend to contacting city employees on city time who are not members of the particular employee organization, and city time shall not be used for soliciting membership or representation rights in any employee organization.
C. 
Meetings. Attendance at meetings by authorized representatives of a recognized employee organization for the purpose of discussing representation matters may be allowed by the department head pursuant to Section 3.17.120.
D. 
Use of Facilities. The use of city facilities for recognized employee organization business may be made available pursuant to Section 3.17.130.
E. 
Responsibilities. Obligations of the recognized employee organization shall include, but not necessarily be limited to, the following:
1. 
Representation of all employee organization members equally and fairly;
2. 
Advance notification to the department head to obtain approval to attend meetings with management officials concerning representation of employee organization issues;
3. 
Advance notice to the employee relations officer to request approval for a nonemployee representative to visit a city work location concerning matters of employee organization business. In the absence of the employee relations officer, approval may be obtained from the appropriate department head;
4. 
Full compliance with Titles VI and VII of the 1964 Civil Rights Act (as amended), such that employee organizations and labor unions shall not discriminate against any member or prospective member on the basis of such person’s race, creed, color, national origin or ancestry, physical or mental disability, medical condition, denial of family and medical care leave, gender, gender identity and gender expression, sex, sexual orientation, marital status, age, or religious affiliation, military and veteran status, genetic information, and all other applicable state and federal statutes relating to nondiscrimination;
5. 
Familiarity and compliance with this title by all representatives of the employee organization.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
A. 
Representation. Only recognized employee organizations in established representation units shall be entitled to negotiate with duly designated management representatives on wages, hours, and other terms and conditions of employment for the employees in such units.
B. 
Restrictions. Negotiations shall not be required on any subject pre-empted by federal or state law, nor shall negotiation be required on employee or city management rights as defined in Sections 3.17.020, 3.17.030 and 3.17.090.
C. 
Meet and Confer. Should either party desire to commence the meet-and-confer process for the next subsequent memorandum of understanding, that party shall notify the other in writing no earlier than 120 calendar days prior to the expiration date of the existing memorandum of understanding, and the meet-and-confer process shall begin no later than 90 calendar days prior to the expiration date of the existing memorandum of understanding in order to allow for the timely implementation of mutually agreeable provisions.
D. 
Agreement. Agreement reached as a result of negotiations shall be included in a memorandum of understanding signed by the employee relations officer and city manager, as well as by the duly designated representatives of the recognized employee organization. Such memorandum of understanding shall not be binding unless approved by the city council and the recognized employee organization.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
A reasonable number of city employees who are official representatives or unit representatives of recognized employee organizations shall be given reasonable time off with pay to attend meetings with management representatives. The use of official time for this purpose shall not interfere with the performance of city services as determined by the city. Any such employee representative shall submit a written request for an excused absence to the employee’s department head, with an informational copy to the employee relations officer, at least two business days prior to the scheduled meeting.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
Any representative of a recognized employee organization shall give notice to the employee relations officer and respective department head before contacting departmental employees on city facilities during the duty period of the employees, provided that solicitation for membership or other employee organization business shall be conducted during the nonduty hours of all employees concerned. Prearrangement for routine contact may be made, and when made shall continue until revoked by the employee relations officer.
City buildings and other facilities may be made available for use by city employees or a recognized employee organization or their representatives, in accordance with such administrative procedures as may be established by the city manager or department heads concerned.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
The impasse procedure described in this section shall apply to any meet and confer process covering: (1) an initial or successor comprehensive Memorandum of Understanding (MOU); (2) any matter included within the MOU which is subject to a re-opener provision requiring further meet and confer process during the term of the MOU; (3) any matter to be included in the MOU by virtue of an amendment to the existing MOU; or (4) subjects within the scope of bargaining. Impasse procedure may be invoked only after all other attempts made by both parties to reach agreement through good faith negotiation have been exhausted.
A. 
Impasse Declaration. The spokesperson for either the city or an employee organization may invoke the impasse procedure by filing with the other party’s spokesperson a written request for an impasse meeting, together with a statement of its position on the disputed issues. An impasse meeting shall then be promptly scheduled by the parties involved within five working days of the declaration of impasse. The purpose of such impasse meeting is to permit review of the positions of all parties in a final good faith effort to reach agreement on the disputed issue(s).
B. 
Mediation and Fact Finding. If agreement is not reached at the impasse meeting, the parties together shall attempt to agree upon a method of resolving the dispute which may include mediation and/or fact finding. If a party does not request, in writing, to participate in mediation and/or fact finding within the specified time limits below, the party shall be deemed to have waived its rights to mediation and/or fact finding. If a party waives its right to participate in mediation and/or fact finding, the city may, after holding a public hearing regarding the impasse, implement the last, best, and final offer.
1. 
Mediation.
a. 
Within five calendar days of the declaration of impasse, both parties may mutually agree in writing that they want to participate in mediation. Upon mutual agreement to proceed to mediation, the city shall notify the California State Mediation and Conciliation Service that the parties have failed to reach agreement and shall obtain therefrom either: (1) a designated mediator; (2) upon mutual agreement, the selection and scheduling of a particular mediator; or (3) a list of seven mediators. If the parties are provided a list of seven mediators, the parties shall select one from the list by, after a toss of coin (with the winner of the coin toss to decide which party shall move first), alternately striking names until one name remains. That person remaining shall serve as the mediator. All mediation proceedings shall be private and confidential. The mediator shall make no public recommendation, nor take any public position, at any time concerning the issues. The mediator shall not hold a hearing or make any recommendation (except privately to the parties), nor have authority to resolve the dispute.
b. 
In the event that costs are incurred for mediation, each party shall bear its own costs for mediation, including the costs of their advocates. Any costs for the mediator, facilities, or similar costs shall be borne equally by the employer and the recognized employee organization(s).
c. 
When either party determines mediation is unsuccessful, but no later than 30 calendar days after the appointment of the mediator, mediation shall be deemed to have concluded.
2. 
Fact Finding.
a. 
In the event that the city and the recognized employee organization fail to reach agreement through mediation the employee organization may request fact finding be used in an attempt to resolve the remaining issues in dispute. The employee organization must submit the request for fact finding in writing to the Public Employment Relations Board (PERB), with a copy sent simultaneously to the city. If the dispute was submitted to mediation, the employee organization may request fact finding not sooner than 30 calendar days, but not later than 45 calendar days following the appointment or selection of the mediator selected/appointed in accordance with subsection (B)(1)(a). When the dispute was not submitted to mediation, the employee organization has 30 days from the date either party presented a written declaration of impasse to request fact finding. A request for fact finding must include:
i. 
A statement that the parties are at an impasse and have been unable to reach agreement; and
ii. 
A statement identifying the issues in dispute; and,
iii. 
Any documentation to support the party’s position.
b. 
Selection of Fact Finding Panel.
i. 
Within five calendar days of the request for fact finding, each party shall select one individual of its own choosing to serve on the fact finding panel.
ii. 
Within five calendar days of the request for fact finding, the employer and the recognized employee organization shall jointly select the third member of the fact finding panel (“pre-designated chairperson”) and the third person shall serve as the fact finding panel chairperson.
iii. 
If the parties are unable to mutually agree on a pre-designated chairperson within five calendar days of the party’s request for fact finding, the employer shall request that the California State Mediation and Conciliation Service provide the parties a list of seven qualified fact-finders, and the parties will select a fact-finder from this list who will certify that he or she will start the fact finding proceedings within 10 calendar days of notification by the parties. After a toss of a coin to decide which party shall strike the first name, a representative of the employer and a representative of the recognized employee organization shall alternatively strike one name from the list until one name remains and such person shall act as the fact finding pre-designated chairperson. The next to the last name stricken shall be the alternate fact finding chairperson in the event the first named person is not available. The procedure shall be followed until there is an available pre-designated chairperson. The employer shall confirm the pre-designated chairperson within 10 calendar days of its request to the California State Mediation and Conciliation Service for a list of seven qualified fact finders.
c. 
All fact finding proceedings shall be private. The fact finding members and/or the fact finding panel shall not have the authority to resolve the dispute. The members of the fact finding panel, the employer, and the recognized employee organization shall each maintain the confidentiality of the fact finding process.
d. 
The fact finding process shall be deemed to be completed 30 calendar days after the appointment of the fact finding panel chairperson. The fact finding panel or chairperson may not extend the time lines without expressed mutual written consent of the parties.
e. 
Failure by either party to be available within the 30 calendar day time period shall not cause an extension of the time frames.
f. 
The fact finding panel shall be limited in scope only to the matters the parties identified as having reached impasse over and to those matters within the mandatory subjects of bargaining unless the parties mutually agree, in writing, to submit issues that are non-mandatory subjects.
g. 
Fact Finding Criteria. The fact finding panel shall consider, weigh and be guided by the following criteria:
i. 
State and federal laws that are applicable to the employer.
ii. 
Local rules, regulations, or ordinances.
iii. 
Stipulations of the parties.
iv. 
The interests and welfare of the public and the financial ability of the public agency.
v. 
Comparison of the wages, hours, and conditions of employment of the employees involved in the fact finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.
vi. 
The consumer price index for goods and services, commonly known as the cost of living.
vii. 
The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
viii. 
Any other facts, not confined to those specified in paragraphs (i) to (vii), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations.
h. 
Within 30 calendar days after its appointment, the fact finding panel shall submit in writing, a report containing any findings of fact and recommended terms of settlement to the parties.
i. 
To the extent the fact finding panel makes findings and recommendations, those findings and recommendations shall be made on an issue-by-issue basis, either making no recommendation (and indicating that no recommendation is being made), or recommending either the employer’s position or the recognized employee organization’s position.
ii. 
The fact finding panel shall limit its findings and recommendations to the issues that fall within mandatory subjects of bargaining, unless the parties mutually agree, in writing, to submit issues that are non-mandatory subjects.
iii. 
The parties shall maintain the confidentiality of the fact finding panel’s report during the first nine calendar days following its issuance. If the parties have not reached agreement on a successor memorandum of understanding by 10 calendar days following issuance of the fact finding panel’s report, the city shall make the report public.
iv. 
The fact finding report shall be advisory only, and the city council may choose to adopt or act on any, all or none of the recommendations of the panel.
v. 
On or after the date the city has released the fact finding panel’s report to the public, the city may, after holding a public hearing regarding the impasse, implement the last, best and final offer, but may not implement a memorandum of understanding.
vi. 
If the fact finding panel was unable to meet the deadline, and thereby is unable to recommend terms of settlement to the city council, that fact shall constitute the totality of the report.
i. 
Each party shall bear its own costs for mediation and fact finding, including the costs of their advocates. Any costs for the mediator, neutral fact-finder, facilities, court reporters, or similar costs shall be borne equally by the employer and the recognized employee organization(s).
j. 
Notwithstanding any other provision of this section, the employee organization may choose to discontinue ongoing fact finding at any time by notifying the city in writing that it waives its right to complete the fact finding process. Written waivers shall be irrevocable. Upon receiving a waiver from the employee organization, the city may, after holding a public hearing regarding the impasse, implement the last, best, and final offer.
k. 
The fact finding provisions contained herein, shall remain in effect and apply only so long as state law requires the parties to proceed to fact finding.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
Except in cases of emergency, the employee relations officer shall give reasonable, advance written notice to each recognized employee organization affected by any ordinance, resolution, rule or regulation proposed to be adopted by the city and which directly relates to matters within their scope of representation. Each affected employee organization shall be given the opportunity to meet and confer with the appropriate management representative(s) prior to adoption.
In cases of emergency, when the foregoing procedure is not practical, or it is in the best public interest, the city may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the recognized employee organizations shall be provided with the notice described above and be given an opportunity to meet with appropriate management representative(s).
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
Nothing in this chapter shall be construed to deny any person, employee, or employee organization the rights granted by federal and state laws. The rights, powers and authority of the city council and the rights of employee organizations in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter. The provisions of this chapter are not intended to conflict with, nor shall they be construed in a manner inconsistent with, the provision of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) as amended.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)
Only the recognized employee organization may have the regular dues of its members within a representation unit deducted from employee’s paychecks under procedures prescribed by the city for such deductions. Dues deduction shall be made only upon signed authorization for the employee upon a form approved by the city, and shall continue until such authorization is revoked in writing by the employee, or until the first day of the calendar month following the transfer of the employee to a unit not represented by that employee organization, whichever first occurs. An employee may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employee is assigned.
(Ord. 3213 § 1, 1998; Ord. 5013 § 16, 2012; Ord. 5462 § 5, 2015)