The provisions of this article shall apply to disputes between the city and an employee organization pertaining to matters within the scope of representation under the MMBA regarding matters contained in or proposed for a MOU, which remain unresolved following good faith negotiations. This article also shall apply to any other disputes that are required by law to be submitted to mandatory nonbinding fact-finding under California Government Code Section 3505.4 et seq.
(Ord. 13-1366 § 2, 2013)
If the meet and confer process has reached an impasse as defined in this chapter, either party may declare impasse and invoke impasse procedures by submitting to the other a written declaration of impasse, together with a statement in detail of its position on all disputed issues. An impasse meeting shall then be scheduled by the employee relations officer. The purpose of such impasse meeting shall be:
A. 
To identify and specify in writing the issue or issues that remain in dispute;
B. 
To review the positions of the parties in a final effort to resolve such disputed issue or issues; and
C. 
If the dispute is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.
(Ord. 13-1366 § 2, 2013)
If the parties agree to submit the dispute to mediation, and agree on selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If the parties do not agree to utilize mediation and agree on a mediator within 10 days following the date that either party provided the other with a written notice of a declaration of impasse, the dispute shall not be submitted to mediation.
(Ord. 13-1366 § 2, 2013)
An exclusive representative may request that the parties' differences be submitted to a fact-finding panel pursuant to California Government Code Section 3505.4. Such a request may be filed with the California Public Employment Relations Board (PERB):
A. 
Not sooner than 30 days, but not more than 45 days, following the appointment or selection of a mediator pursuant to the parties' agreement; or
B. 
If the parties' dispute is not submitted to mediation, not later than 30 days following the date that either party provides the other with a written notice of a declaration of impasse.
(Ord. 13-1366 § 2, 2013)
A. 
Unilaterally Selected Members. The city and the employee organization shall each unilaterally designate one panel member. In accordance with Government Code Section 3505.4(a), these selections shall be made within five days of the city receiving an employee organization's written request for fact-finding.
B. 
Chairperson. In accordance with PERB Regulation 32804, PERB will, within five days of determining that a request for fact-finding is sufficient, provide the parties with a list of seven neutral fact-finders (the "PERB list").
1. 
Mutual Agreement on a Chairperson.
a. 
Use of a Binding Strike Process. The parties may agree at any time, either before or after receiving the list, to reach mutual agreement on a chairperson by using the PERB list (or any other agreed upon list) to participate in a strike process, the results of which will be binding upon the parties. Should the parties agree to use a binding strike process, the individual selected as a result of this process shall be considered by both parties to be "mutually agreed upon" under Government Code Section 3505.4(b) and PERB Regulation 32804.
b. 
Agreement Through Other Means. If the parties do not agree to use a binding strike process, the parties may otherwise mutually agree to designate as chairperson any individual from the PERB list; or any other individual.
2. 
Default Designation of a Chairperson by PERB. In the event the parties do not notify PERB within five working days (days on which PERB is officially open for business) that they have mutually agreed upon a person to chair the panel (either by using a binding strike process or otherwise), PERB will designate one of the seven persons on the PERB list.
3. 
Mutual Agreement May Override PERB Designation. In accordance with Government Code Section 3505.4(b), the parties may, within five days of PERB's designation of a chairperson, notify PERB that the parties have mutually agreed on a chairperson (either by using a binding strike process or otherwise) in lieu of the individual previously selected by PERB.
(Ord. 13-1366 § 2, 2013)
In addition to specific criteria that the fact-finding panel must consider by law, the panel shall consider, weigh, and be guided by the following additional criteria:
A. 
The city's ability to meet the total cost of the proposals from current and projected on-going city revenues;
B. 
The costs to the city of funding all city services, programs and activities, including but not limited to costs related to personnel, contracts, liabilities, debt service, supplies and materials, maintenance of appropriate reserves as provided by city policy, and infrastructure maintenance and improvements as determined by the Board;
C. 
The city's ability to recruit and retain employees;
D. 
The economic climate and fiscal health of the region, the state of California and the nation as a whole.
(Ord. 13-1366 § 2, 2013)
The fact-finding panel shall limit its findings and recommendations to matters within the scope of representation, unless the parties mutually agree in writing to submit additional issues to the panel that are nonmandatory subjects. The city shall make the panel's findings and recommendations publicly available within 10 days of receiving them.
(Ord. 13-1366 § 2, 2013)
Upon the exhaustion of the impasse procedures described herein, and after the city has held a public hearing regarding the impasse, but no earlier than 10 days after the issuance of the fact-finding panel's written findings and recommended terms for settlement, the city may implement its last, best and final offer.
(Ord. 13-1366 § 2, 2013)
If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The board declares that it would have approved this article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this article would be subsequently declared invalid or unconstitutional.
(Ord. 13-1366 § 2, 2013)
This article shall be operative February 19, 2013. It shall remain operative only so long as mandatory nonbinding fact-finding under Government Code Section 3504.5 et seq. (or any subsequent applicable law or regulation) is required for the city. If at any time and for any reason the city is no longer subject to mandatory fact-finding, this article shall expire immediately and automatically and shall have no further force and effect.
(Ord. 13-1366 § 2, 2013)
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.
(Formerly 2.53.170; Ord. 1168 § 2, 2000; Ord. 13-1366 § 2, 2013)