Crescent City, CA Section 8-250 EMPLOYER-EMPLOYEE REPRESENTATION RULES

Section 8-251 General provisions.

A. Statement of Purpose. The purpose of this Section 8-250 is to implement Chapter 10, Division 4, Title 1 of the Government Code of the state (Section 3500 et seq.), captioned "Public Employee Organizations," and known as the Meyers-Milias-Brown (MMB) Act, by providing orderly procedures for the administration of employer-employee relations and for the resolutions of disputes regarding wages, hours, and other terms and conditions of employment within the scope of representation.

B. Employee Rights. Employees of the city will have the right to form, join and participate in the activities of employee organizations of their choice for the purpose of representation on all matters of employer-employee relations within the definition of the scope of representation. Employees of the city also have the right to refuse to join or participate in the activities of employee organizations, and have the right to represent themselves individually in their employment relations with the city. No employee will be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of an employee's exercise of these rights.

C. City Rights. The rights of the city include, but are not limited to:

1. The exclusive right to determine the mission and organization of its constituent departments, offices, commissions, and boards;

2. Set goals and standards of services;

3. Determine the standards of selection for employment and promotion;

4. Direct its employees;

5. Take disciplinary action;

6. Relieve its employees from duty because of lack of work, funds, or for other legitimate reasons in accordance with applicable law and rules;

7. Maintain the efficiency of governmental operations;

8. Determine the methods, means and personnel by which government operations are to be conducted, including the contracting and/or subcontracting of work;

9. Determine the goals and objectives, and minimum qualifications of job positions;

10. Take all necessary actions to carry out its mission in emergencies;

11. Exercise complete control and direction over the organization and technology of performing work.

D. Access to Work Locations. Reasonable access to employee work locations will be granted officers of recognized employee organizations and their officially designated representatives. This access is for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives will not enter any work location without the consent of the head of that department or office. Access will be restricted to prework time, lunch or after work hours so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collection dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, will not be conducted during working hours, nor with the use of city facilities or equipment, except as provided below.

E. Use of City Facilities. Employee organizations may be granted the use of city facilities during nonworking hours for meetings of city employees, provided space is available; and such meetings are not used for membership drives of city employees. All requests will be in writing and will state the purpose of the meeting. A copy of the meeting agenda will be furnished to the city manager as soon as it is available, but no less than twenty-four hours prior to such meeting. The city may assess reasonable charges for the use of such facilities in accord with any applicable administrative procedure regarding the particular facility. The use of city equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards, is prohibited, the presence of such equipment in approved city facilities notwithstanding. Notwithstanding anything to the contrary herein, recognized employee organizations may use any city facility open to the public for any lawful purpose upon application to the city clerk.

F. Use of Bulletin Boards. Recognized employee organizations may use portions of city bulletin boards under the following conditions:

1. All material must be dated and identify the organization that published them.

2. The city reserves the right to determine what portion of the bulletin boards are to be allocated to employee organization materials.

3. The city manager may remove materials which are considered disruptive to the city services.

4. Unless otherwise agreed upon, materials posted will be removed thirty-one days after posting.

5. An employee organization that does not abide by these rules will forfeit its right to have materials posted on city bulletin boards.

G. Availability of Data. The city will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250 through 6260. Such information will be made available during regular office hours in accordance with the city's procedures for making public records available and after payment of reasonable costs for reproduction and labor. Information which will be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, at the discretion of the city, but will not be made available in such form as to disclose the source.

H. Peaceful Performance of City Services.

1. If a recognized employee organization, by and through its authorized representatives, officers, or agents, causes, instigates, encourages or condones a strike or a work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the city manager:

a. May revoke or suspend, subject to the right of organization to appeal the suspension or revocation to the city council at its next regular or adjourned regular meeting, the recognition granted to such employee organization;

b. May suspend or cancel any or all payroll deductions payable to such organizations;

c. May prohibit the use of city facilities;

d. May prohibit access to former work or duty stations by such organization. The city will not prohibit employees from entering their job sites for the purpose of performing their jobs in accordance with city rules and regulations.

2. As used in this section "strike or work stoppage" means the concerted failure to report for duty, the unexcused absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, of the rights, privileges or obligations of employment.

3. Any decision of the city manager made under the provisions of this section may be appealed to the city council by filing a written notice of appeal with the city clerk. The notice will be accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such notice of appeal must be filed within seven days after the affected employee organization first receives notice of the city manager's decision. Failure to file within the stated period will be deemed a waiver of the right to appeal and waiver of any and all future rights with respect thereto. If an appeal is filed, the council will hear the matter and issue a decision as soon as practicable, but in no event later than forty-five days following the filing of the notice of appeal.

I. Dues Deduction.

1. Only a recognized employee organization may be granted permission to have the regular dues of its members deducted from their paychecks, in accordance with procedures prescribed by the city manager.

2. Dues deduction will be made only upon the voluntary written authorization of the employee, on a form provided by the city. Dues deduction authorization may be cancelled and the dues deduction from payroll discontinued at any time by the employee upon voluntary written notice to the finance director unless otherwise provided. Dues deduction may continue only upon voluntary written authorization of the member for a period of time not to exceed the time period as provided in a memoranda of understanding. Employee payroll deduction authorizations will be in uniform amounts to each employee for dues deductions and paid only to one employee organization for each employee.

3. The employee's earnings must be sufficient to pay the dues deductions after other legal and required deductions are made. All other legal and required deductions have priority over employee organization dues. When an employee, who is a member in good standing of the formally recognized employee organization, is in a leave without pay (LWOP) status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings nor will the employee deposit the amount with city which would have been withheld if the employee had been in a paid status during that period. In the case of an employee who is in a LWOP status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction will be made. The city will have no liability whatsoever of any kind or character regarding dues deduction relative to an employee who has insufficient net earnings remaining after all legal and other required deductions to pay the authorized dues deduction or who has no earnings by virtue of being on leave without pay status.

4. Dues withheld by the city will be paid monthly on or before the fifteenth day of the month next following the month in which the dues were deducted. A check will be prepared and payable to the organization by the officer designated in writing by the organization as authorized to receive such funds and at the address specified.

5. All employee organizations who receive dues deductions will indemnify, defend and hold the city harmless against any claims made and against any suit instituted against the city on account of deduction of employee organization dues. In addition, all such employee organizations will refund forthwith to the city any amounts paid to it in error upon presentation of supporting evidence.

(Ord. 705 Appx. A, 2004)

Section 8-252 Recognition provisions.

A. Recognition Proceedings.

1. Request for recognition as the majority representative:

a. An employee organization that seeks recognition as the majority representative in an appropriate unit will file a petition for recognition with the city manager containing all of the information set forth herein, accompanied by written proof that at least fifty percent of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relation with the city. Upon receipt of the petition for recognition, the city manager will determine:

i. That there has been compliance with the requirements of the petition for recognition; and

ii. Determine the appropriateness of a unit. If an affirmative determination is made by the city manager on the foregoing two matters, the manager will give notice of such request for formal recognition to the employees in the unit and will take no action on said request for thirty days thereafter; if either of the foregoing matters are not affirmatively determined, the city manager will inform the employee organization of the reasons in writing.

B. Petition for Recognition Requirements. The petition for recognition to be filed with the city manager will contain the following information and documentation:

1. Name and address of the employee organization;

2. Names and titles of its officers;

3. Name(s) of employee organization representatives) who are authorized to speak on behalf of its members;

4. A statement that the employee organization has, as one of its primary purposes, the representation of employees in their employment relations with the city;

5. A statement as to whether or not the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with a regional, state, national or international employee organization, or union, and, if so, the name and address of each such regional, state, national or international employee organization or union;

6. Certified copies of the employee organization's constitution and bylaws and articles of incorporation;

7. A designation of a person, and their address, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose;

8. A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to city employees, and a statement that the organization agrees to comply with the provisions of this Appendix A;

9. A statement that the employee organization does not discriminate or restrict membership or participation based on race, color, age, national origin, sex, ancestry, sexual orientation, political or religious affiliation, disability, or marital status.

10. The job titles, names, and office or departmental affiliation of member employees in the unit claimed to be appropriate;

11. A statement that the employee organization has in its possession written proof; dated within two months of the date upon which the petition is filed, to establish that 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 will be submitted for confirmation to the city manager;

12. A request that the city council recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation;

13. All petitions, including accompanying documents, will be verified, under oath, by at least two officers of the organization that the statements are true and that the signatures are authorized and valid. All changes in such information will be filed, forthwith, in like manner.

C. Determining Appropriateness of Units.

1. The city manager, after reviewing the petition filed by an employee organization seeking formal recognition as majority representatives, will determine whether the proposed unit is an appropriate unit. The principle criterion in making this determination is whether there is a community of interest among such employees. The following criteria, among others, are also to be considered in making such determination:

a. The history of employee relations:

i. In the unit,

ii. Among other employees of the city, and

iii. In similar public employment;

b. The effect of the unit on the efficient operation of the city and sound employer-employee relations;

c. The extent to which employees have functional relationships, common skills, working conditions, job duties;

d. The effect on the existing classification plan of dividing a single class among two or more units. Preference will be given to the largest possible class consistent with criteria listed herein.

2. In the establishment of appropriate units, professional employees will not be denied the right to be represented separately from nonprofessional employees. Management and confidential employees will not be included in the same unit with nonmanagement or nonconfidential employees.

3. Police department employees who are "Peace officers," as that term is defined in Chapter 4.5, commencing with Section 830, of Title 3 of Part 2 of the Penal Code of the state, may join or participate only in an employee organization which is composed solely of such peace officers, which concerns itself solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which is not subordinate to any other organization.

4. No employee may be represented by more than one recognized employee organization for the purposes of this Appendix A.

5. Notwithstanding any provisions provided herein, the city retains the right to communicate with unrepresented employees or groups of employee individuals concerning wages, hours and other terms and conditions of employment.

D. Recognition Proceedings and Election.

1. Within thirty days of the date notice of employees is given, any other employee or organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a petition for recognition, provided that such challenging organization submit written proof that it represents at least fifty percent of the employees in such unit. The city manager will hold a hearing on such overlapping petitions, at which time all affected employee organizations will be heard. Thereafter, the city manager will determine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria as set forth herein.

2. If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than seventy percent of the employees in such unit, the city manager may, in his discretion, certify to the city council that formal recognition should be granted to such employee organization without a secret ballot election.

3. When an employee organization in the unit found to be appropriate submits written proof that it represents at least fifty percent of the employees in such unit, and it does not qualify for, or has not been granted, recognition pursuant to subdivision 2 of subsection D of this section, the city manager will arrange for a secret ballot election to be conducted by the city clerk or the State Conciliation Service. All challenging organizations who have submitted written proof that they represent at least thirty percent of the employees in the unit found to be appropriate, and have submitted a petition for recognition as required by this section, will be included on the ballot. The choice of "no organization" will be included on the ballot. Employees eligible to vote in such election will be those persons regularly employed in permanent, full-time positions within the unit who were employed during the pay period immediately prior to the date which is fifteen days before the election, including those who did not work during such period because of illness, vacation, or authorized leaves of absence and who are employed by the city in the same unit on the date of the election. An employee organization will be granted recognition following an election or run-off election if the employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e. fifty percent plus one of the votes of all eligible employees). In an election involving three or more choices, where none of the choices receives a majority, a runoff election will be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election will also apply to a runoff election.

E. Impasse in Representation Proceedings. Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the city manager made pursuant to Section 8-252 will be processed in accordance with the procedures set forth in Section 8-254 and must be filed with the city manager within seven days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal.

F. City Council Recognition of Majority Representative.

1. After the city manager has determined the majority representative of city employees in an appropriate unit by arranging for a secret ballot election as prescribed herein or by any other reasonable method which is based upon written proof; and is designated to ascertain the free choice of a majority of such employees. The manager will:

a. Certify to the city council the choice of the majority of the employees or the name of the employee organization found to represent a majority of the employees in an appropriate unit;

b. Not preclude any recognized employee organizations, or individual employees, from consulting with management representatives on employer-employee relation matters of concern to them.

2. The city council will:

a. Grant formal recognition to the employee organization certified by the city manager as found to represent the majority of the employees in an appropriate unit and will be the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit;

b. Revoke the recognition rights of a majority representative, which has been found by a secret ballot election no longer to be the majority representative.

G. Duration of Recognition. When an employee organization has been recognized, such recognition will remain in effect until such time the city manager determines, on the basis of a secret ballot election in accordance with the foregoing rules, the employee organization no longer represents the majority of the employees and the affected unit; provided, a memorandum of understanding, if any, negotiated by such a decertified employee organization will remain in full force and effect until the expiration date provided in the existing memorandum, the city will have no obligation to negotiate a new memorandum of understanding as to any employees within the newly certified employee organization until such expiration date.

H. Decertification of Recognized Organization.

1. A petition for decertification alleging that an employee organization granted formal recognition is no longer the majority representative of the employees in an appropriate unit may be filed with the city manager. The petition for decertification may be filed by an employee, a group of employees or their representative, or an employee organization. The petition including all accompanying documents, will be verified, under oath, by the person signing it, that its contents are true. It may be accompanied by a petition for recognition by a challenging organization. The petition for decertification will contain the following information:

a. The name, address and telephone number of the petitioner and/or a designated representative authorized to receive notices or requests for further information;

b. The name of the formally recognized employee organization;

c. All allegations that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts;

d. Written proof that at least fifty percent of the employees in the unit do not desire to be represented by the formally recognized employee organization. Such written proof will be dated within three months of the date upon which the petition is filed and will be submitted for confirmation to the city manager.

2. The city manager will arrange for a secret ballot election to be administered by the city clerk or the State Conciliation Service, to determine if the recognized employee organizations will retain its recognition rights. A recognized employee organization will be decertified if a majority of all employees eligible to vote cast votes for decertification.

I. Modification of Established Unit. A petition for modification of an established unit may be filed by an employee organization with the city manager. The petition for modification will contain all of the information required by subsection B of Section 8-252, along with a statement of all relevant facts in support of the proposed modified unit. The petition will be accompanied by written proof that at least fifty percent of the employees within the proposed modified unit have designated the employee organization to represent them in their employment relations with the city. The city manager will hold a hearing on the petition for modification, at which time all affected employee organizations will be heard. Thereafter, the city manager will determine the appropriate unit or units as between the existing unit and the proposed modified unit as the appropriate unit, then he will follow the procedure set forth in Section 8-252 determining formal recognition right in such unit.

J. Cost of Election Proceedings. The cost of any election proceedings will be borne equally among each of the employee organization(s) which name(s) appear on the ballot and city; provided, however, the city's maximum obligation will be one hundred dollars per election.

(Ord. 705 Appx. A, 2004)

Section 8-253 Dispute resolution provisions.

A. Grievances.

1. Purpose of Procedures. The purposes of this section are as follows:

a. To promote improved employer-employee relationships by establishing a grievance procedure on matters for which appeal is not otherwise provided;

b. To afford individual employees a systematic means to obtain future consideration of problems after every reasonable effort has failed to resolve them through discussion. Nothing herein will preclude an employee from being represented by another individual or employee organization in the grievance procedure;

c. To provide that grievances will be settled as near as possible to the point of origin;

d. To provide that the grievance procedure will be as informal as possible.

2. Availability of Procedures. These grievance procedures will be available only to permanent employees and permanent classified management employees, as defined herein.

3. Matters Subject to Grievance Procedures. A grievance may concern a dispute regarding the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions within the scope of representation; provided, a grievance brought hereunder may not concern a matter which an individual employee or an employee organization would be precluded from bringing under the provisions of an existing memorandum of understanding.

4. Grievance Procedure. Grievance will be processed in accordance with the following procedures:

a. Informal Procedure. Any employee having a grievance will first discuss their grievance with their immediate supervisor within five working days of the occurrence which caused the grievance. Within five working days after the discussion the supervisor will attempt to resolve the grievance.

b. Formal Procedure. If the supervisor's action does not satisfactorily adjust the grievance, the employee may, within five working days of the supervisor's response, take the following steps:

i. First Level of Review. A grievance may be submitted in writing to the employee's immediate supervisor. The written grievance will be specific and include all facts deemed pertinent to its resolution. The immediate supervisor will discuss the grievance with the employee and/or the employee's representative, if any, and reply in writing to the employee within five working days;

ii. Second Level of Review. If the employee does not agree with the decision of the second level supervisor, the written grievance will be submitted to the department head within five working days after receipt of the second level supervisor's decision. After receipt of the grievance, the department head will have fifteen working days to schedule such investigation as he deems necessary and will render a written decision;

iii. Hearing Request. Should the employee still be aggrieved, the employee may appeal the decision within ten working days of receipt of the written decision. The hearing officer will be appointed and a hearing held both in the manner provided in subsection J of Section 8-220;

iv. Grievance of City Manager Action. In the case where the city manager is the first supervisor, the grievance will be submitted directly to a hearing officer for review and consideration. The grievance will follow the normal course thereafter.

c. General Provisions. The following provisions will apply to the grievance procedure:

i. Departments with only one supervisor being the department or office head, then the first level will be omitted.

ii. Each level of supervision has an obligation to respond to any grievance, but should a response not be rendered within the time limit, the employee filing the grievance may immediately appeal in writing to the next step.

iii. The grievance is considered settled if the decision of any step is not appealed within the time limit, except when an investigative process is still in progress and the employee has been notified that it is taking place and the employee agrees to extend the time period.

iv. Any time limit in the grievance procedure may be extended to a date mutually consented to by the employee or employees filing the grievance and the supervisor involved.

v. Supervisors will not take any action against employees who avail themselves of the grievance procedure.

vi. An employee may use vacation time or compensatory time off, if reasonably necessary, for the preparation of a grievance. If the grievance is sustained by the city manager, such time taken will be recreated to the employee.

B. Grievance Hearings.

All hearings conducted under these grievance provisions by an assigned hearing officer will be private unless otherwise requested by the employee. Upon conclusion of a hearing, the hearing officer will prepare findings and recommendations which will be submitted to the city manager. The city manager will, within fifteen days, make a decision and issue an order on the matter. The city manager's decision and order will be final. All materials relating to any grievance including, but not limited to, minutes of the hearing; findings and recommendations and the final decision and order will be available to the city council. At the request of the employee, for the purpose of information only, a copy of the final decision and order of the city manager will be furnished to the city council.

(Ord. 705 Appx. A, 2004)

Section 8-254 Meet and confer provisions.

A. Meeting and Conferring in Good Faith —Memoranda of Understanding.

1. Pursuant to the provisions of California Government Code, Section 3500 et seq., as said sections apply to city, city, through its designated representatives, will meet and confer in good faith with representatives of recognized employee organizations regarding matters within the scope of representation.

2. The city will not be required to meet and confer in good faith on any matter preempted by federal or state statute; nor upon any provision of the municipal code or rules or regulations promulgated pursuant thereto which do not fall within the scope of representation. Further, the city will not be required to meet and confer in good faith regarding city rights as defined herein. City will consult in good faith as to those matters specified in California Government Code Section 3507.

3. When a recognized employee organization is meeting and conferring or consulting with the city's authorized representative, all communications by the recognized employee organization representative regarding the negotiations will be with the city's authorized representative and all city communications will likewise be sent to the organization's designated representative. Unless otherwise agreed by city's authorized representative and the recognized employee organization representatives, all such communications will be confidential.

4. When the meet and confer, or consult process is included between the city and a recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters will be incorporated in a written memorandum of understanding signed by the duly authorized city and majority representatives. The memorandum of understanding will be submitted to the city council for determination and implementation on matters over which the council has authority. A memorandum of understanding will not be binding on the city or the recognized employee organization until approved by the city council.

B. Resolution of Impasses; Impasse Procedures.

1. Initiation. If the possibility of settlement by direct discussion has been exhausted after a reasonable number of meetings and attempts to conclude an agreement, any party may initiate impasse procedures by filing with the other party or parties a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting will then be scheduled by the city manager forth-with after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting will be:

a. To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and

b. If agreement is not concluded, to discuss the selection of a mediator from the State Conciliation Service.

2. Mediation. If the parties fail to conclude an agreement at the impasse meeting, the impasse may be submitted to mediation. The parties will provide to the mediator written statements outlining their relative positions on the remaining disputed issues. The mediator will conduct all meetings and discussions in private and will make no public statements or recommendations concerning the issues. Neither party to the mediation will make any public statement regarding any aspect of the mediation. The making of such a statement will be deemed an unfair labor practice and will constitute grounds for allowing the other party to withdraw from mediation.

3. Selection of Mediator and Costs. The parties will mutually agree upon a mediator available through the State Conciliation Service. If the parties fail to so mutually agree, the State Conciliation Service will assign a mediator. Should a mediator not be available from the State Conciliation Service, the parties will mutually agree upon a mediator from some other source. In no event will the city be obligated for costs of any mediation services.

4. Conclusion of Mediation. If, after thirty days following commencement of mediation, the city and the recognized employee organization again fail to conclude an agreement, the city may act unilaterally on any disputed issues. In the alternative, upon mutual consent of both parties the issues may be submitted to additional impasse procedures including, but not limited to, fact-finding.

5. Fact-finding. If the parties agree to fact-finding, a fact-finding panel of three will be appointed in the following manner: one member to be appointed by the city manager, one member to be appointed by the recognized employee organization, and those two appointed members will appoint a third, who will be chairman. If they are unable to agree upon a third, they will select by agreement the third from a list to be provided by the State Conciliation Board.

C. Advance Notice and Reasonable Time Off to Meet and Confer.

1. Reasonable written notice will be given to each recognized employee organization affected, of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation, proposed to be adopted or amended, and each will be given the opportunity to meet with the city's representative. In cases of emergency, when an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, such notice and opportunity to meet will be provided at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

2. The recognized employee organization may select not more than three employee members of such organization to attend scheduled meetings with the city's representatives on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the city manager may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization will, whenever practicable, submit the names of all such employee representatives to the city manager at least two working days in advance of such meetings; provided further:

a. That no employee representative will leave their duty or work station or assignment without specific approval of the city manager; provided, that such approval will not be unreasonably withheld;

b. That any such meeting is subject to scheduling in a manner consistent with operating needs and work schedules of the city.

Nothing herein will limit or restrict the scheduling of meetings at mutually agreeable times before or following regular duty or work hours. Employees involved in such meetings, during their regular work hours, will not be required to make up the time so spent. No overtime payments will be authorized or made for such time spent in such meetings.

(Ord. 705 Appx. A, 2004)