American Canyon Municipal Code Art. I General Provisions

(A) This chapter implements Chapter 10, Division 4, Title 1, of the Government Code of the state of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations. This chapter is intended to strengthen merit, civil service, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the city.

(B) It is the purpose of this chapter to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing in this chapter shall be construed to restrict any legal or inherent exclusive city rights with respect to matters of general legislative or managerial policy, which include, but are not limited to, the following:

(1) The exclusive right to determine the mission of its constituent departments, commissions, and boards;

(2) Set standards of service;

(3) Determine the procedures and standards of selection for employment and for termination therefrom;

(4) Direct its employees;

(5) Take disciplinary action;

(6) Lay off employees;

(7) Relieve its employees from duty because of lack of work or for other lawful reasons;

(8) Maintain the efficiency of governmental operations;

(9) Determine the methods, means, and personnel by which government operations are to be conducted;

(10) Take all necessary actions to carry out its mission in emergencies; and

(11) Exercise complete control and discretion over its organization and the technology of performing its work.

Ord. 92-9 § 1, 1992

As used in this chapter, the following terms shall have the meanings indicated:"Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof:"City" means the city of American Canyon, and, where appropriate herein, refers to council or any duly authorized city representative as defined in this chapter."Confidential employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the city's administration of employer-employee relations."Consult/consultations in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet-and-confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a memorandum of understanding, nor is it subject to Article IV of this chapter."Day" means calendar day unless expressly stated otherwise."Employee relations officer" means the city manager or his duly authorized representative."Exclusively recognized employee organization" means an employee organization which has been formally acknowledged by the city as the sole organization representing the employees in an appropriate representation unit pursuant to Article II of this chapter, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees."Impasse" means that the representative of the city and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile."Management employee" means an employee having responsibility for formulating, administering, or managing the implementation of city policies and, programs."Proof of employee support" means: (1) an authorization card recently signed and personally dated by an employee; or (2) a verified authorization petition or petitions recently signed and personally dated by an employee. The words "recently signed" shall mean within ninety days prior to the filing of a petition."Supervisory employee" means any employee having authority, in the interest of the city, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline, other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Ord. 92-9 § 2, 1992