Imperial Municipal Code § 2-50 General provisions

2-51.1 Statement of Policy and Purpose. This Ordinance of the City of Imperial (hereinafter referred to as “City”) complies with the provisions of the Meyers-Milias-Brown Act (Chapter 10, Division 4, Title 1 of the California Government Code, Section 3500 et seq.) and other applicable State laws relating to the promotion of full communications and

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

good relations between the City and its employees. The Meyers-Milias-Brown Act is a
comprehensive law governing employer-employee relations in public agencies such as
the City. This Ordinance is authorized by Government Code Section 3507, however,
nothing in this Ordinance shall interfere with the City’s efforts to protect the public by
assuring the orderly and uninterrupted operations and services of the City at all times.

The purposes and objectives of this Ordinance are as follows:

a) To recognize and define the rights of employees to join
organizations for the purpose of representation on matters of
employer-employee relations (wages, hours and other terms and
conditions of employment);
b) To establish rules, regulations and procedures to carry out the
policies noted above, and
c) To create a procedure to insure that all City employees and their
representatives continue to be fairly treated, that their rights are
maintained, and that their requests are fairly heard, considered
and resolved.

Nothing is this Ordinance shall be construed to mean that an employee is required to join
an employee organization for purposes of representation. Individual employees have the
choice of joining an organization for representation or declining to join an organization.

This Ordinance supersedes and vacates any prior City resolution or ordinance to the
extent that such ordinance or resolution is inconsistent with or may be construed to be
inconsistent with this Ordinance.

a) Appropriate Unit. The broadest feasible grouping of employee positions that share an identifiable community of interest in their job functions as further described in Article 2-51.2(b) below.

b) City. The City of Imperial and all of its Departments and agencies.

c) Day. Business working day unless expressly stated otherwise.

d) Employee. Any person regularly employed by the City except those persons
elected by popular vote.

e) Employee, confidential. An employee who, in this course of his or her duties, has
access to information relating to the City of Imperial administration of employer-
employee relations.
f) Employee, profession. Employees engaged in work requiring specialized
knowledge and skills attained through completion of a recognized course of
instruction including, but not limited to, attorneys, engineers and architects.

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g) Employee, organization. An organization of employees of the City which has as
one of its primary purposes representing such employees in their employee
relations between City management and employees or employee organizations.

h) Employee Relations. The relationship between the City and its employees and
their employee organization(s) or, when used in a general sense, the relationship
between City management and employees or employee organizations.

i) Employee Relations Officer. The City Manager or his/her designated
representative who is authorized to act as liaison between the employees and/or
employee organizations and the City management and City Council on all matters
of employee relations as defined in this Ordinance. The overall role of the
Employee Relations Officer is to facilitate open communications between
employees and City management and City Council and to provide, as impartially
as possible, advice on matters of employee relations consistent with this
Ordinance.

j) Formally Recognized Employee Organization. An employee organization which
has been formally acknowledged by the City pursuant to Article 2-51.2 below for
the purpose of representing employees in an appropriate representation unit in
connection with the meet and confer process.

k) Impasse. A situation in which the representatives of the City and a Formally Recognized Employee Organization have reached a point in their meeting and conferring in good faith that 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.

l) Management Personnel.
1. Any employee having significant responsibilities for formulating and
administering City policies and programs, including, but not limited to, the
City manager, Department Heads, and the Chief of Police.

2. Any employee having authority to exercise independent judgment to hire,
transfer, suspend, layoff, evaluate, promote, discharge, assign, reward or
discipline other employees, or having the 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.

m) Management Representative. The City Manager or his or her designated
representative. The management representative shall represent the City Council
in all matters included in, but not limited to, the provisions of this Ordinance.

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n) Mediation or Conciliation. The efforts of an impartial third person or persons
functioning as intermediaries to assist the parties involved in Formally
Recognized Employee Organizations and City management in reaching a
voluntary resolution to an impasse through interpretation, suggestion and advice.
Mediation and conciliation are interchangeable terms.

o) Meeting and Conferring. (sometimes referred to as “meet and confer in good
faith”). Performance by duly authorized City representatives and duly authorized
representative of a Formally Recognized Employee Organization established as
the majority representative of their mutual obligation to meet at reasonable times
and to confer in good faith regarding matters within the scope of representation
including wages, hours, and other terms and conditions of employment in an
effort to 1) reach agreement on those matters within the authority of such
representation; and 2) reach agreement on what will be recommended to the City
Council on those matters within the decision-making authority of the City
Council. Nothing in this process requires either party to agree to a proposal or to
make a concession.

p) Memorandum of Understanding. A written agreement of Memorandum of
Understanding signed by the duly authorized representatives of the City and a
Formally Recognized Employee Organization representing a majority of
employees in an appropriate unit which incorporates all matters agreed upon
between the City and the employee organization after the meeting and conferring
process is concluded between the City and the Formally Recognized Employee
Organization. As to those matters within the authority of the City Council, the
Memorandum of Understanding shall be submitted to the City Council for
determination.

q) Retained Rights Excluded from the Scope of Representation. The retained rights
of the City shall include, but are not limited to, the exclusive right to determine its
mission and the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve
its employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods,
means and numbers and types of personnel by which government operations are
to be conducted; determine the content of job classification; take all necessary
actions to carry out its mission in emergencies; contract out and subcontract out
work; and exercise complete control and discretion over its organization and the
means, methods, procedures and technology of performing its work. Such rights
are subject to any meet and confer obligation not previously fulfilled with the
Police Officers Association.

r) Scope of Representation. Pursuant to Government Code Section 3504, the scope
of representation shall include all matters relating to employment conditions and

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employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. However, the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (Ord.634)