Dos Palos Municipal Code Ch. 2.20 Police Department"

Sections: 2.20.010 Declaration to receive aid. 2.20.020 State standards for training adopted.

*for statutory provisions regarding police -protection. see Gov. Code_§ 38630 _et seq.~ for statutory provisions regarding stan- dards of training local law enforcement offiC'ers. see Penal Code§ 13500 et seq.: for provisions regarding application for state aid from the Peace Officer's Training Fund. see Penal Code§ 13522.

The city declares that it desires to qualify to receive aid from the state of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. (Ord. 119 § 1, 1961)

adopted. Pursuant to Section 13522 of said Chapter 1, the city, while receiving aid from the state of California pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. (Ord. 119 § 2, 1961)

20

2.24.010

Chapter 2.24 shall be deposited once each month with the city
treasurer to be credited to the water department
WATER DEPARTMENT* fund. The water rate collector shall also keep re-
cords of the expenditures of the water department

Sections: and maintain regular office hours as directed by the

council a fidelity bond, in the sum of not less than

• For statutory provision for cities to own orto franchise utilities, see two thousand five hundred dollars, for the faithful Gov. Code § 39732; for provisions regarding municipally owned utilities, see Public Utilities Code § 10001 et seq. performance of his duties. Said bond shall be pro- vided by a corporate surety company licensed to do

Toe office of water superintendent is created, bond shall be paid by the water department ( Ord. which shall be filled by appointment by the council. 85 § 4, 1958) The water superintendent shall be the administrative officer of the water department, which department is created, and shall discharge such duties as direct- ed by the council and receive such compensation as shall be provided by resolution or ordinance of the council. Toe water superintendent shall not have authority over any· duties in connection with the billing and collection of charges for water service other than to provide the necessary meter readings and other data to the water rate collector. ( Ord. 85 § 1, 1958)

The office of water rate collector is created, which shall be filled by appointment by the council. The water rate collector shall discharge all duties required of him in connection with the billing and ' collecting of fees for water service provided by the water department and such other duties as may be directed by the council. The water rate collector shall receive such compensation as shall be provided by resolution or ordinance of the council. (Ord. 85 § 2, 1958)

The water rate collector shall bill and collect the monthly fees, as provided in Chapter 13.04 of this code, and shall keep such records thereof as the council may direct. All moneys received by him

21 {Dos Palos 9-98)

2.28.010

Chapter 2.28 * The city council shall consider recommendations from each campus
in addition to city recommendations when making these appoint-
ments.
DOS PALOS CITY RECREATION
COMMISSION* (Ord. 328 (part), 1994: Ord. 236 § 2, 1980)

Sections: 2.28.030 Term of office. 2.28,010 Creation of commission. Members shall serve at the pleasure of their ap-

2.28.060 Quorum. 328 (part), 1994: Ord. 258 § 1, 1982: Ord. 236 § 3,

diately after appointment and qualification, the

• For provisions of the Park and Playground Act of 1909, see Gov. commission shall organize by selecting one of its Code § 3800 et seq.; for provisions for control of public parks by a board of commissioners, see Public Resources Code§ 5181. Prior members as chairman •and one as vice-chairman, ordinance history: Ords. 163 and 190. who shall serve for one year. The commission shall adopt rules and regulations for its own proceedings.

There is created and established the Dos Palos not be a member of the commission. (Ord. 236 § 4, city recreation commission. (Ord. 328 (part), 1994: 1980) Ord. 236 § 1, 1980)

The Dos Palos city recreation commission shall annually. Special meetings may be called by the consist of nine members. One member shall be chair or upon written request of any five members. appointed by the Merced County supervisor repre- (Ord. 328 (part), 1994: Ord. 236 § 5, 1980) senting O'Banion Park. Eight members shall be appointed by the Dos Palos city council as follows: 2.28.060 Quorum. A. One Dos Palos city councilmember; Five members shall constitute a quorum for trans- B. Three at-large members; action of business. (Ord. 236 § 6, 1980) *C. Four on-campus representatives, one each from: 2.28.070 Powers and duties.

1. Dos Palos High School, The commission shall have the following powers
2. Bryant Middle School or Bryant Junior High and duties: School, A. To advise and assist the recreation director in
3. Dos Palos Elementary School, the preparation, monitoring and reevaluation of
4. Oro Loma Elementary School. priorities of the annual recreation budget; B. To work with and review the recreation department's coordination, planning, and scheduling of public recreation; ; 1_1 !,,.~) 22

2.28.070

C. To act in an advisory capacity to the city council, city manager, and the board of supervisors of the county on acquisition and development of new recreation facilities for the general public; D. To make recommendations to the city coun- cil, city manager, and board of supervisors for changes and improvements in the areas noted above. (Ord. 236 § 7, 1980)

The recreation director shall make such reports to the commission as requested by the commission. (Ord. 236 § 8, 1980)

Any funds that may be acquired for 1he purpose of acquiring sites for the development of public recreation facilities shall be deposited in a separate park and land fund and shall be used exclusively for said purposes. (Ord. 236 § 9, 1980)

Any organization of persons that requests 1he support or sponsorship of 1he city of Dos Palos through its recreation commission, and such support involves the direct or indirect support or sponsorship with city facilities, services or cash grants, must provide a written report of1he previous year's reve- nues and expenses as well as its projected budget for the next year. This infonnation is to be given to the commission prior to the time a request for spon- sorship or support is presented to the commission. The commission shall establish rules and regulations for the submission of such functions as it deems necessary, and shall receive the financial infonna- tion it deems necessary prior to its recommendation to the city council. (Ord. 236 § IO, 1980)

All members of the commission shall serve with- out compensation. (Ord. 236 § Il, 1980)

23

2.32.010

Chapter 2.32 chair. Toe city manager shall apjXlint a secretary
who need not be a member of the plaruting commis-
PLANNING COMMISSION* sion. The secretary shall keep a record of all plan-
ning commission action in the minutes of all plan-

Sections: ning commission meetings. (Ord. 338 (part), 1996)

Any member of the planning commission may be

• For statutory provision for a local planning agency, see Gov. Code removed from office prior to the expiration of the § 85100; for statutory powers and duties oflocal planning agencies. see Gov. Code §§ 65101, 65102. member's term by a majority vote of the city coun- cil. (Ord. 310 (part), 1992)

To promote and insure comprehensive, long range 2.32.050 Termination. and adequate planning for the orderly growth of the Any member who has been absent from two city, there is created a planning commission of the consecutive regular or special meetings without prior city. (Ord. 310 (part), 1992) notification to the planning commission, its chair or secretary, may be terminated by the affirmative vote

The planning commission shall be composed of regular meeting. (Ord. 310 (part), 1992) five members, all of whom shall be residents and electors of the city, all of whom shall be appointed 2.32.060 Expenditures. by the city council, and all of whom may serve All planning commission expenditures shall be successive terms. (Ord. 338 (part), 1996) approved in advance by the city council. The plan- ning commission shall not assign work to the city

One member shall be a member'of the Dos Palos approval of the city council. (Ord. 310 (part), 1992) city council and shall serve at the pleasure of the city council. 2.32.070 Meetings. Four members shall be appointed at large and The planning commission shall meet at city hall serve four year terms staggered so that two of the at a regular time and day established at the first terms expire every two years. (Ord. 338 (part), meeting of the new year. 1996) Special meetings may be called at any time or location by the chair or a majority of the members,

Toe commission shall elect a chair and a vice- (part), 1996; Ord. 310 (part), 1992)

(Dos Palos 9-98) 24

2.32.080

2.32.080 Procedures. plan as required by the laws of the state of Califor- The commission shall establish rules and regula- nia. (Ord. 310 (part), 1992) tions governing its organization and procedure not inconsistent with this chapter, or any other ordi- nance of the city, and shall keep a public record of its minutes, resolutions, transactions, findings and decisions. The affirmative vote of three members is required to take any action. (Ord. 338 (part), 1996; Ord. 310 (part), 1992)

The planning commission shall have the power and it shall be its duty to consider and recommend to the city council the following: A. To approve or deny maps or plats of subdivi- sions or resubdivision ofland within the city's cor- porate limits or within both the city's specific urban development plan area and within its sphere of influence; B. Land use or zoning plans and any proposed changes therein prior to the enactment of ordinances effectuating such plans or changes; C. Plans for sanitation and the proper service of all. public utilities; D. Plans and procedure for the improvement of housing standards and regulations relating to hous- ing and building codes; E. The proper location of any proposed building, structure or works; F. The adoption of any plan or plans for the physical development of the city, including lands outside the city as may bear relation to the planning thereof; G. It shall have such other powers and duties as may from time to time be provided or authorized by the Government Code relating to planning or as the city council may, by ordinance, confer upon it. (Ord. 310 (part), 1992)

The planning commission shall assist and make recommendations to the city council in the develop- ment, revision and approval of the city's general

25. (Dos Palos 9--98)

2.34.010

Chapter 2.34 the respective term of office occur, it shall be filled
by appointment for the unexpired term of office.

DOS PALOS AREA SENIOR CITIZENS Any member that is absent for three consecutive INFORMATION AND REFERRAL regular meetings without due cause will be automat- ADVISORY COMMITTEE ically terminated and a new member appointed. (Ord. 242 (part), 1981)

committee. person shall preside. The committee may appoint a secretary who need not be a member of the commit-

The city creates the Dos Palos area senior citizens infonnation and referral advisory committee. (Ord. 2.34.060 Meetings. 242 (part), 1981) Regular meetings of the seniors advisory com- mittee shall be held once each month at an agreed

The senior citizens advisory committee shall the call of the chairperson or upon the written re- consist of five at-large members appointed by the quest of any three members thereof. (Ord. 242 city council. (Ord. 242 (part), 1981) (part), 1981)

A. The terms of office of the seniors advisory Three members shall constitute a quorum for committee shall begin February 1, of each year. transaction of business. (Ord. 242 (part), 1981) B. Toe first members of the seniors advisory committee shall be appointed for the following 2.34.080 Functions of the advisory terms: committee. 1. One member appointed by the city council The functions of the seniors advisory committee for a tenn expiring February 1, 1982; are: 2. Two members appointed by the city council A. To study, review. evaluate and make recom- for a term expiring February 1, 1983; mendations to the Dos Palos Information and Refer- 3. Two members appointed by the city council ral Program, city council, and to other relevant com- for a term expiring February 1, 1984. munity agencies relative to any and all matters C. Toe successor of each member, or upon a affecting aging people in the Dos Palos member's being reappointed, shall hold office for a term of three years. (Ord. 242 (part), 1981)

Should a vacancy otherwise than by expiration of

(Dos Palos 9-98) 26/28

2.34.080

area, including without being limited to: infor- B. To review reports requested from the infor- mation and referral, outreach, social recreation, mation and referral director and project director health, tax assistance, and community resources of information and referral. (Ord. 242 (part), development and organization. 1981)

29

2.36.010

Chapter 2.36 D. "Employee" means any person regularly
employed by the city except those persons
elected by popular vote. EMPLOYEE RELATIONS*
E. "Employee, confidential" means an
employee who is privy to decisions of city man-

Sections: agement affecting employer-employee relations.

to the chief executive officer and department 2.36.060 Advance notice. heads and 2.36.070 Petition for recognition. 2. Any employee having authority to exercise 2.36.080 Appropriate unit. independent judgement to hire, transfer, sus- 2.36.090 Recognition of employee pend, lay-off, recall, promote, discharge, assign, organizations as majority

reward, or discipline other employees, or having representative. the responsibility to direct them, or to adjust 2.36.100 Designation of municipal their grievances, or effectively to recommend employee relations officer. such action if, in connection with the foregoing, 2.36.110 Impasse-Procedures the exercise of such authority is not of a merely designated. routine or clerical nature, but required the use of 2.36.120 Impasse-Filing-Meeting. independent judgement. 2.36.130 Impasse-Fees. ), ll G. "Employee, professional" means employ- • , ,...,JI 2.36.140 Grievances. ees engaged in work requiring specialized knowl- 2.36.150 Memorandum of understanding.

not limited to, attorneys, physicians, registered *For statutory provisions for public employee organizations. see nurses, engineers, architects, teachers. and vari- Gov. Code§ 3500 et seq. ous types of physical, chemical, and biological scientists. H. "Employer-employee relations" means2.36.010 Definitions. the relationship between the city and its employ- As used in this chapter the following tenns ees and their employee organization, or whenshall have the meanings indicated: A. "Appropriate unit" means a unit estab- used in a general sense, the relationship between city management and employees or employeelished pursuant to Section 2.36.080. B. "City" means the city of Dos Palos, a organizations. municipal corporation, and where appropriate, I. "Employer organizations" means any orga- "city" refers to the city council, the governing nization which includes employees of the city body of said city of any duly authorized manage- which has as one of its primary purposes repre- ment employee as defined in this section. senting such employees in their employment C. "Consult or consultation in good faith" relations with the city. means to communicate verbally or in writing for J. "Impasse" means: the purpose of presenting and obtaining views or l. A deadlock in the annual (or periodic) dis- advising of intended actions. cussion between a majority representative and

30

2.36.010

. the city over any matters concerning which they 0. "Ordinance" means, unless the context are required to meet and confer in good faith, or indicates otherwise, the employer-employee over the scope of such subject matter, or relations ordinance of the city. 2. Any unresolved complaint by an affected P. Peace officer as this term is defined in Sec- employee organization, advanced in good faith, tion 816, California Penal Code. concerning a decision of the municipal employee Q. "Recognized employee organizations" relations officer made pursuant to Section means an employee organization which has been acknowledged by the municipal employee rela- 2.36.070, 2.36.080 and 2.36.090. tions officer as an employee organization that K. "Majority representative" means an represents employees of the city. The rights employee organization, or its duly authorized accompanying recognition are either: representative, that has been granted formal rec- I. Formal recognition, which is the right to ognition by the municipal employee relations meet and confer in good faith as the majority officer as representing the majority of employees representative in an appropriate unit, or in an appropriate unit. 2. Informal recognition, which is the right to L. "Mediation or conciliation" means the consultation in good faith by all recognized efforts of an impartial third person, or persons employee organizations. functioning as intermediaries, to assist the par- R. "Scope of representation" means all mat- ties in reaching a voluntary resolution to an ters relating to employment conditions and impasse, through interpretation, suggestion and employer-employee relations, including, but not advice. Mediation and conciliation are inter- limited to, wages, hours, and other terms an'd changeable terms. conditions of employment. City rights, Section M. "Meet and confer in good faith" (some- 2.36.030 are excluded from the scope of repre- times referred to as "meet and confer" or "meet- sentation. (Ord. 155 § 3, 1970) ing and conferring") means performance by duly authorized city representatives and duly autho- 2.36.020 Employee rights. rized representatives of an employee organiza- Employees of the city shall have the right to tion recognized as the majority representative of form, join and participate in the activities of their mutual obligation to meet at reasonable employee organizations of their own choosing times and to confer in good faith regarding mat- for the purpose of representation on all matters ters within the scope ofrepresentation, including of employer-employee relations including but wages, hours, and other terms and conditions of not limited to wages, hours. and other terms and employment, in an effort to: condition of employment. Employees of the city I. Reach agreement on those matters within also shall have the right to refuse to join or par- the authority of such representatives, and ticipate in the activities of employee organiza- 2. Reach agreement on what will be recom- tions and shall have the right to represent mended to the council on those matters within themselves individually in their employment the decision making authority of the council. relations with the city. No employee shall be This does not require either party to agree to a interfered with, intimidated, restrained, coerced proposal or to make a concession. or discriminated against because of his exercise N. "Municipal employee relations officer" of these rights. (Ord. 155 § 4, 1970) means the city's principal representative in all matters of employer-employee relations desig- 2.36.030 City rights. nated pursuant to Section 2.36.100, or his duly The rights of the city include, but are not authorized representative. limited to, the exclusive right to determine the

31

2.36.030

mission of its constituent departments, commis- 2.36.060 Advance notice. sions and boards; set standards of service; deter- Reasonable written notice shall be given to mine the procedures and standards of selection each recognized employee organization affected for employment and promotion; direct its by any ordinance, rule, resolution or regulation employees; take disciplinary action; relieve its directly relating to matters within the scope of employees from duty because of lack of work or representation proposed to be adopted by the for other legitimate reasons; maintain the effi- council or by any board or commission of the ciency of governmental operations; determine city, and each shall be given the opportunity to the methods, means and personnel by which gov- meet with such bodypriorto adoption. (Ord. 155 ernment operations are to be conducted; deter- § 8, 1970) mine the content of job classifications; -take all necessary actions to carry out its mission in 2.36.070 Petition for recognition. emergencies; and exercise complete control and There are two levels of employee organization discretion over its organization and the tech- recognition; formal and informal. The recogni- nology of performing its work. (Ord. 155 § 5, tion requirements of eac,h are set forth below: 1970) A. Formal Recognition-The Right to Meet and Confer in Good Faith as Majority Represen-

A. The city, through Its representatives, shall mal recognition for purposes of meeting and meet and confer in good faith with represen- conferring in good faith as the majority represen- tatives of formally recognized employee organi- tative of employees in an appropriate unit shall zations with majority representation rights file a petition with the municipal employee rela- regarding matters within the scope of representa~ tions officer containing the following informa- tion including wages, hours, and other terms and tion and documentation: conditions of employment within the appropri- I. Name and address of the employee organi- ate unit; zation, B. The city shall not be required to meet and 2. Names and titles of its officers. confer in good faith on any subject preempted by 3. Names of employee organization represen- federal or state law or by the city charter, nor shall tatives who are authorized to speak on behalf of it be required to meet and confer in good faith on its members. employee or city rights as defined in Sections 4. A statement that the employee organiza- 2.36.020 and 2.36.030. Proposed amendments tion has, as one of its primary purposes, repre- to this chapter are excluded from the scope of senting employees in their employment relations meeting and conferring. (Ord. 155 § 6, 1970) with the city, 5. A statement whether the employee organi-

zation is a chapter or local of. or affiliated directly

All matters affecting employer-employee rela- or indirectly in any manner with. a regional or tions, including those that are not subject to state, or national or international organization. meeting and conferring, are subject to consulta- and, if so. the name and address of each such tion. The city, through its representatives, shall regional. state or international organization, consult in good faith with representatives of all 6. Certified copies of the employee organiza- recognized employee organizations on tions constitution and bylaws. employer-employee relations matters which 7. A designation of those persons, not exceed- affect them. (Ord. 155 § 7, 1970) ing two in number, and their addresses. to whom

32

2.36.070

notice sent by regular United States mail will be designated the employee organization to repre- deemed sufficient notice on the employee orga- sent them in their employment relations with the nization for any purpose, city, such written proof shall be submitted for 8. A statement that the employee organiza- confirmation to the municipal employee rela- tion recognizes that the provisions of Section 923 tions officer or to a mutually agreed upon disin- of the Labor Code are not applicable to city terested third party, employees, 3. A request that the municipal employee 9. A statement that the employee organiza- relations officer recognize the employee organi- zation for the purpose of consultation in goodtion has no restriction on membership based on faith.race, color, creed, sex, or national origin, C. The petition, including all accompanying IO. The job classifications or titles of employ- documents, shall be verified, under oath, by theees in the unit claimed to be appropriate and the executive officer and secretary of the organiza-approximate number of member employees tion that the statements are true, all changes intherein, such information shall be filed forthwith in like I I. A statement that the employee organiza- manner.tion has in its possession written proof, dated D. The municipal employee relations officerwithin six months of the date upon which the shall grant recognition, in writing, to allpetition is filed, to establish that employees in the employee organizations who have complied withunit claimed to be appropriate have designated subsections A or B and C of this section forthe employee organization to represent them in purposes of consultation in good faith for itstheir employment relations with the city. Such members. Employee organizations seeking for-written proof shall be submitted for confirma- mal recognition as majority representative must, tion to the municipal employee relations officer in addition, satisfy the requirements of Section or to a mutually agreed upon disinterested third 2.36.090 A (I). No employee may be represented party, by more that one recognized employee organiza- 12. A request that the municipal employee tion for the purposes of this chapter. (Ord. 155 § relations officer recognize the employee organi- 9, 1970) zation as the majority representative of the employees in the unit claimed to be appropriate 2.36.080 Appropriate unit. for the purpose of meeting and conferring in A. The municipal employee relations officer, good faith on all matters within the scope of after reviewing the petition filed by an employee representation. organization seeking formal recognition as B. Informal Recognition-The Right to Con- majority representative, shall determine whether sult in Good Faith. Any employee organization the proposed unit is an appropriate unit. The that seeks recognition for purposes of consulta- principal criterion in making this determination tion in good faith shall file a petition with the is whether there is a community of interest municipal employee relations officer containing among such employees. The following factors, the following information and documentation: among others, are to be considered in making I. All of the information enumerated in sub- such determination: section A l through 9 of this section inclusive, I. Which unit will assure employees the fullest 2. A statement that the employee organiza- freedom in the exercise of rights set forth under tion has in its possession written proof, dated this chapter, within six months of the date upon which the 2. The history of employee relations: petition is filed, to establish that employees have a. in the unit

33

2.36.080

b. among other employees of the city and 2. Revoke the recognition rights of a majority
c. in similar public employment, representation which has been found by secret
3. •The effect of the unit on the efficient opera- ballot election no longer to be the majority repre-

tion of the city and sound employer-employee sentative. relations B. The recognition rights of the majority rep- 4. The extent to which employees have com- resentative designated in accordance with this mon skills, working conditions, job duties or section shall not be subject to challenge for a similar educational requirements, . period of twelve months following the date of 5. The effect on the existing classification such recognition. (Ord. 155 § 11, 1970) structure or dividing a single classification among two or more units. 2.36.100 Designation of municipal employee Provided, however, no unit shall be estab- relations officer. lished solely on the basis of the extent to which .The council shall designate, by resolution, a employees in the proposed unit have organized. municipal employee relations officer who shall B. In the establishment of appropriate units: be the city's principal representative in all mat- I. Professional employees shall not be denied ters of employer-employee relations;: with the right to be represented separately from non- authority to meet and confer in good faith on professional employees, and matters within the scope of representation 2. Management and confidential employees including wages, hours and other terms and con- who are included in the same unit with non- ditions of employment. management or nonconfidential employees may The municipal employee relations officer so not represent such employees on matters within designated is authorized to delegate these duties the scope ofrepresentation. (Ord. 155 § 10, 1970) and responsibilities. (Ord. 155 § 12, 1970)

Impasse procedures may be invoked only after representative. the possibility of settlement by direct discussion A. The municipal employee relations officer has been exhausted. The impasse procedures areshall: as follows: I. Determine the majority representative of A. Mediation(orconciliation). All mediationcity employees in an appropriate unit by arrang- proceedings shall be private. The mediator shalling for a secret ballot election or by any other make no public recommendations nor take anyreasonable method which is· based upon written public position concerning the issues:proof, and is designed to ascertain the free choice B. A determination by the city council after aofa majority of such employees. The employee hearing on the matters of the dispute:organization found to represent a majority of the C. Any other dispute resolving procedures toemployees in an appropriate unit shall be granted which the parties mutually agree or which theformal recognition and is the only employee council may order. (Ord. 155 § 13 (part), 1970)organization entitled to meet and confer in good faith on matters within the scope of representa- tion of employees in such unit. This shall not 2.36.120 Impasse-Filing-Meeting. preclude other recognized employee organiza- Any party may initiate the impasse procedure tions, or individual employees, from consulting by filing with the other party (or parties) affected with management representatives on employer- a written request for an impasse meeting together employee relations matters of concern to them, with a statement of its position on all disputed

34

2.36.120

issues. An impasse meeting shall then be sched- majority ofthe employees in an appropriate unit, uled by the municipal employee relations officer all agreed upon matters shall be incorporated in a forthwith after the date of filing of the written written memorandum of understanding signed request for such meeting, with written notice to by the duly authorized city and majority repre- all parties affected. The purpose of such impasse sentatives. meeting is twofold: As to those matters within the authority of the 1. To permit a review of the position of all council, the memorandum of understanding parties in a final effort to reach agreement on the shall be submitted to the council for determina- disputed issues, and tion. (Ord. 155 § 15, 1970) 2. If agreement is not concluded, to mutually . select the specific impasse procedure to which 2.36.160 Rules and regulations. the dispute shall be submitted; in the absence of The council may adopt such rules and regula- agreement between the parties on this point, the tions necessary or convenient to implement the matter shall be referred to the council. (Ord. 15 5 § provisions of this chapter and Chapter 10, Divi- 13 (part), 1970) sion 4, Title 1 of the Government Code of the state of California (Sections 3500, et seq.) (Ord.

The fees and expenses, if any, of mediators or any other impasse procedure, shall be payable 2.36.170 Construction. one-halfby the city and one-halfbythe employee A. Nothing in this chapter shall be construed organization or employee organizations. {Ord. to deny any person or employee the rights 155 § 13 (part), 197.0) granted by federal and state laws and city charter provisions:

A. A grievance is any dispute concerning the council in all matters, including the right to interpretation or application ofthis chapter, or of maintain any legal action, shall not be modified rules or regulations governing personnel prac- or restricted by this chapter, tices or working conditions. or of the practical C. Nothing contained in this chapter shall consequences of a city's rights to decision on abrogate any written agreement between any wages, hours and other terms and conditions of employee organization and the city in effect on employment; the effective date of this chapter. All such agree- B. A grievance shall be processed in accord- ments shall continue in effect for the duration of ance with procedures established by the city. the term specified therein unless modified or (Ord. 155 § 14, 1970) rescinded by mutual agreement of the parties; D. The provisions of this chapter are not

When the meeting and conferring process is ter 10, Division 4. Title 1 of the Government concluded between the city and a formally recog- Code of the state of California (Sections 3500, et nized employee organization representing a seq.) as amended in 1968. (Ord. 155 § 17, 1970)

35

2.40.010