All classifications for which recognition of an employee organization might be appropriate have been assigned to representation units which may be modified as herein provided. Whenever a new classification is adopted the City Council shall, if appropriate, allocate it to a representation unit after considering the matter at a regular public meeting. A routine title change of an existing classification is not subject to this provision. The following representation units are the appropriate units for representation by recognized employee organizations:
(a) 
Public Works & Wastewater Miscellaneous
(b) 
City Services Miscellaneous
(c) 
Police Sworn
(d) 
Police Non-Sworn
(e) 
Mid-Management
(f) 
Professional Firefighters
History: Amended 10/2016.
[1]
Specific Authority: Resolution 2016-56
In determining the appropriate employee representation units the following factors, among others, shall be considered:
(a) 
Minimizing fragmentation of units by achieving the largest feasible group of employees having a community of interest;
(b) 
The effect of the proposed unit on the efficient operation of city services and employee relations;
(c) 
The history of employee relations in the unit, among other employees in the city, and in similar public employment and private industry.
(d) 
Similarity of duties, skills, wages and working conditions of employees.
(e) 
The effect on the existing classification structure of dividing a single classification among two or more units.
(f) 
Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of such employees.
(g) 
Management and confidential employees shall not be included in the same unit with non-management or non-confidential employees. Supervisory employees and non-supervisory employees may be included in the same unit. Supervisory employees shall not represent a recognized employee organization in negotiating with management representatives where conflict of interest may occur as determined by the City Manager, subject to appeal to the City Council.
A recognized employee organization may request the modification of an established representation unit by submitting to the Personnel Director a petition accompanied by proof of employee approval of the proposed modification signed by not less than sixty percent (60%) of those employees who, if the proposed modification should be granted, would be moved from one representation unit to another.
(a) 
A unit modification request may not be submitted until at least thirty-six (36) months have elapsed from the most recent date of certification of the unit from which positions would be removed. Such requests shall be processed only if filed no sooner than one hundred thirty-five (135) and not later than one hundred five (105) calendar days before the expiration of a memorandum of understanding or agreement then in effect covering one or more positions which would be removed.
(b) 
All petitions for modified units shall be accompanied by a list of all classifications to be included in the modified unit, the number of employees in each classification, and the divisions and departments to which they belong.
(c) 
Notwithstanding any other provisions of this Part, the city may petition for modification of a representation unit at any time that it appears to the City Manager that such an action is warranted because of substantial changes in city functions, organizational structure or classifications.
(d) 
The Personnel Director shall give notice of the request for modification of an established representation unit to the employees who would be affected by the proposed modification, to the employee organization which is then certified as the representative of the unit from which one or more positions would be transferred, and to any recognized employee organization that has filed a written request for such notice. The Personnel Director shall give such notice within five (5) working days following receipt of the request.
(e) 
All petitions for modification of units shall be set for hearing before the City Council, which shall make the final determination on the appropriateness of all units. In making such determination, the Council shall not be limited to consideration of the unit or units requested, provided, however, that if the Council is considering the establishment of a representation unit other than one described in a petition, the following procedure shall be followed:
(1) 
The Council shall set a date when it will act on establishing the representation unit or units, and shall direct the Personnel Director to cause timely notice of the date and purposes of said hearing to be given to all employees whose removal is being considered, and to all recognized employee organizations.
(2) 
At the time set for the hearing, the Council shall afford all persons present an opportunity to be heard on the question of establishing the representation unit or units which were not described in a petition or petitions
(3) 
After all persons who wish to be heard on the matter have been afforded an opportunity to be heard, the Council shall render its decision on establishing the representation unit or units.
(f) 
If, in the opinion of the City Manager, a decision of the City Council has the result of moving from one representation unit to another a sufficient number of employees to possibly affect the representative status of the recognized employee organization representing the unit from which or to which such employees were transferred, a secret ballot election shall be held to determine the wishes of the employees remaining in the unit from which or to which other employees were transferred as to the employee organization to represent the units from which or to which these employees were transferred. Any recognized employee organization may be listed on said secret ballot if that organization has petitioned for a place on said ballot and submitted proof as defined in Section 9003(g) to the Personnel Director signed by at least thirty percent (30%) of the employees in the unit. The ballot submitted to said employees shall include a "No Representative Organization" choice.
(g) 
Should the decision of the City Council 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 the memorandum of understanding for the unit from which they were transferred expires.
History: Amended 7/2015.
[1]
Specific Authority: Resolution No. 2015-32.