Imperial Municipal Code § 2-51 Meeting and Conferring with Recognized Employee Organizations

2-51.1 Basic Purpose. The purpose of the meet and confer process in the City is to comply with the provisions in the Meyers-Milias-Brown Act and other applicable State laws relating to employee relations.

a) Request for Recognition. Any group of employees in the City who desire to form a Formal Employee Organization and elect an organization to represent them for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file with the Employee Relations officer a request for Recognition containing the information outlined below. Said Request, including all accompanying documents, shall be verified under oath by the Executive Office and Secretary of the organization that the statements are true. All changes in information contained in the Request shall likewise be verified under oath.

1. Name and address of the Employee Organization seeking recognition.

2. Names and titles of its officers.

3. Names of employee Organization representatives, not exceeding one in
number, and the designated attorney representing such organization, who
are authorized to speak on behalf of its members.

4. A statement that the Employee Organization has, as one of its primary
purposes, representing employees in their employment relations with the
City.

5. A statement whether the Employee Organization is a chapter or local of,
or affiliated directly or indirectly in any manner with, a regional, state or
international organization and, if so, the names and address of each such
regional, state, national or international organization.

6. A statement that the Employee Organization has no restriction on
membership based on race, color, creed, sex, disability, national origin or
any other impermissible restriction.

7. Certified copies of the Employee Organization’s constitution and by-laws.

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

8. A designation of those persons, not exceeding two in number, and their
addresses, to whom notice sent by regular United States mail will be
deemed sufficient notice on the Employee Organization for any purpose.

9. A request that the Employee Relations Officer formally certify the group
requesting recognition as the Formally Recognized Employee
Organization representing employees for the purpose of meeting and
conferring in good faith.

Upon receipt of a Request for Recognition, the Employee Relations Officer shall determine whether there has been compliance with the above. Where compliance is not met, the Employee Relations Officer shall return the Request advising of the specified deficiency(ies). The person or persons submitting the Request may either modify or withdraw the Request accordingly. Where compliance has been met, the Employee Relations Officer shall transmit a copy of the Request for Recognition to the City Council for review.

b) Determination of Appropriate Unit.

1. Determination by City Council. The City Council, upon recommendation
of the City Manager, shall determine the appropriate employee
representation units based on, but not limited to, the following:

i. The effect of the unit on the efficient operations of the City and
its compatibility with the primary responsibility of the City and
its employees to effectively and economically serve the public.
Employee units shall further be consistent with the organization
patterns of the City.

ii. Similarity of the general kinds of work performed, types of
qualifications required and the general working conditions of the
employees in the units. In this connection, employee
representation units shall be the broadest feasible grouping of
positions that share an identifiable community of interest.

iii. The history of employer-employee relations in the unit and
between the City and its employees. However, no unit shall be
deemed to be an appropriate unit solely on the basis of the extent
to which employees in the unit have organized.

iv. The number of employees and classifications, and the effect on
the administration of employer-employee relations created by the
fragmentation of classifications and proliferation of units.

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

v. The effect on the classification structure and impact on the
stability of the employer-employee relationship of dividing a
single or related classification among two or more units.

c. In Establishing Appropriate Representation Units: 1. Professional employees shall not be included in a representation unit with nonprofessional employees unless a majority of such employees indicate, by petition or vote, a desire to be included in such unit.

2. Supervisory employees may be included in the unit provided that the
inclusion of such supervisory employees will not in any way jeopardize
the efficient operation of the City or interfere with the rights retained by
the City.

3. Confidential employees shall not be included in a representation unit with
nonconfidential employees unless such confidential employees are in the
same classification as nonconfidential employees; provided, however, that
in such event, such confidential employees shall not participate in the
Employee Organization as representatives in its dealings with City or its
Management Representative.

d. Acknowledgment by City. Where the City Council has established
appropriate employee representation units and where the Employee Relations
Officer has reviewed a Request for Recognition by an Employee Organization to
represent employees in one of those established units, the Employee Relations
Officer shall return the Request for Recognition to them with a letter
acknowledging that the organization is a formal Organization of the City and a
potential representative of employees within an appropriate representation unit.
The letter shall also include the steps required pursuant to the petition or election
procedures to establish whether a majority of employees in an appropriate unit
desire to be represented by said Employee Organization.

e.Formal Recognition as the Majority Representative in an Appropriate Unit.

1. An Employee Organization that seeks formal recognition as the majority representative in an appropriate unit shall file a Petition for Recognition with the Employee Relations Officer containing all of the information set forth in Article 2-51.2 accompanied by proof that at least 30% of the employees in the unit claimed to be appropriate have designated the Employee Organization to represent them in their employment relations with the City provided, however, the proof be submitted to a mutually agreed upon disinterested third party. Upon receipt of the Petition for Recognition, the Employee Relations Officer shall determine whether there has been compliance with the requirements of the Petition for Recognition and whether the proposed unit is an

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

appropriate unit. It an affirmative determination is made by the
Employee Relations Officer on the foregoing matter, he or she
shall give notice of such request for formal recognition to the
employees and shall take no action on said request for 10 days
thereafter, if either of the foregoing matters are not affirmatively
determined, the Employee Relations Officer shall inform the
Employee Organization of the reasons therefore in writing.

2. Within 10 days of the date of notice to employees is given, any
other Employee Organization (hereinafter referred to as the
“challenging organization”) may seek formal recognition by filing
a Petition for Recognition, provided, however, such challenging
organization must submit written proof that it represents at least
30% of the employees. The Employee Relations Officer may hold
a hearing on such Petitions, at which time affected Employee
Organizations may be heard. Thereafter, the Employee Relations
Officer shall determine the majority representative as provided
below.

3. Recognition Without Election. Where only one employee
organization desires to be the representative of a majority of
employees in an appropriate unit, and it is determined by the
Employee Relations Officer or a third party that said organization
clearly represents more than one half of the employees in the unit,
the organization may be recognized as the majority representative
of the employees in the unit without an election.

4. Election Procedure in Lieu of Petition. Where there is more than
one Employee Organization desiring to be the representative of a
majority of employees in an appropriate unit or where, in the
opinion of the Employee Relations Officer, it is deemed necessary
or desirable to do so, an election shall be held among employees in
appropriate units to determine whether said employees desire to be
represented by an Employee Organization for purposes of meeting
and conferring and, if so, which one. Said election shall be a secret
ballot election, shall include the names of all Employee
Organizations formally acknowledged by the City, and shall also
include the choice of “no organization.”

Employees entitled to vote in such election shall be persons
employed in regular permanent positions within the designated
appropriate unit who were employed during the pay period
immediately prior to the date of the election. In an election
involving three or more choices where none of the choices receives
a majority of valid votes cast a run-off election shall be conducted
between the two choices receiving the largest number of valid

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

votes cast. The rules governing an initial election shall be applicable to the run-off election.

f. Certification and Decertificaion of Formally Recognized Employee Organization. Following submission of a bona fide petition and certification of an employee organization and/or at the conclusion of the election procedure, the Employee Relations Officer shall advise all Employee Organizations requesting formal recognition for purposes of meet and confer whether those Employee Organizations have been chosen as the majority representative of employees in an appropriate unit for purposes of meeting and conferring in good faith. Where an election has been held, a copy of the ballot results shall also be transmitted to the Employee Organizations included on the ballot.

Those Employee Organizations who have been chosen by a majority of
employees in an appropriate unit shall receive a Certification from the
Employee Relations Officer recognizing the Employee Organization as the
Formally Recognized Employee by the city regarding matters within the
Statutory scope of representation including wages, hours and other terms
and conditions of employment.

Those Employee Organizations who were previously recognized as
Formal Employee Organizations of the city by virtue of a prior petition or
election and who no longer receives a majority indication among
employees in an appropriate unit that they want that organization to
represent them shall be decertified by the Employee Relations Officer.

g. Decertification of Recognized Employee Organization.

1. A Petition of Decertification alleging that an Employee
Organization granted formal recognition is no longer the majority
representative of the employees in an appropriate unit may be filed
with the Employee Relations Officer during any month following
the firs full two years of formal recognition. The Petition for
Decertification may be filed by a group of employees or their
representatives or by an Employee Organization. The Petition,
including all accompanying documents, shall be verified, under
oath, by the person signing it, that its contents are true. The
Petition for Decertification shall contain the following information:

i. The names, addresses and telephone numbers of the
petitioner and a designated representative authorized to
receive notices or requests for further information.

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

ii. The name of the Formally Recognized Employee
Organization.

iii. An allegation that the formally recognized employee
organization no longer represents a majority of the
employees in an appropriate unit, and any other
relevant and material facts.
iv. Written proof that at least 30% of the employees do not
desire to be represented by the formally recognized
Employee Organization. Such written proof shall be
dated within sixty (60) days of the date upon which the
petition is filed and shall be submitted for confirmation
to the Employee Relations Officer or to a mutually
agreed upon disinterested third party.

v. The Employee Relations Officer shall arrange for a
secret ballot election to determine if the formally
recognized Employee Organization shall retain its
recognition rights. The Formally Recognized
Employee Organization shall be decertified if a
majority of those casting valid ballots vote for
decertification.

vi. Decertification elections can be filed no earlier than
ninety (90) days and not later than sixty (60) days from
the expiration date for the current Memorandum of
Understanding, or at any time when there is no
Memorandum of Understanding in effect.

h. Duration of Formal Recognition. When an Employee Organization has
been Formally Recognized, such recognition shall remain in effect for two
years from the date thereof, and thereafter, until such time as the
Employee Relations Officer shall determine, on the basis of a secret ballot
election conducted in accordance with the foregoing rules that the
Formally Recognized Employee Organization no longer represents a
majority of the employees in the appropriate unit.

i. Cost Election Proceeding. The cost of any election proceeding shall be
borne by the Employee Organization or organizations who petition for the
election.

a. Employee Rights. Employees of the City shall have the right to form, join and participate in the activities of Employee Organizations of their own choosing for the purpose of

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

representation on all matters of employer-employee relations including but not limited to
wages, hours, and other terms and conditions of employment. Employees of the City also
shall have the right to refuse to join or participate in the activities of Employee
Organizations and shall have the right to represent themselves individually in their
employment relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against by the City or by any Employee Organization
because of his or her exercise of these rights.

b. Rights Retained by City.
The rights of the City shall include, but are not limited to, the exclusive right to
determine its mission and the missions 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 may be subject to any previously unfulfilled obligation
to meet and confer with the Police Officers Association.

2-51.3 Meet and Confer Process

a. Notification
Except in cases of emergency as provided in the Section, the City Manager shall
give reasonable written notice to each Formally Recognized Employee Organization
affected of any ordinance, rules, resolution or regulation directly relating to matters
within the scope of representation proposed to be adopted by the City Council.

In cases of emergency when the Council determines that an ordinance, rule, resolution of
regulation must be adopted immediately without prior notice or meeting with a Formally
Recognized Employee Organization, the City Manager shall provide such notice and
opportunity to meet with the Management representative of the Council at the earliest
practicable time following the adoption of such ordinance, rule, resolution or
regulation(s).

b. Initiation of Meeting and Conferring
Either the Formally Recognized Employee Organization, or the Employee
Relations Officer or City manager representative may request a meet and confer session
on any matter within the scope of representation by filing a letter stating the subject
matter of the session with the other party. The letter shall contain the following
information:

1. Name of Initiator
2. Name of Respondent

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

3. Subject matter of the meet and confer session
4. A suggested time and place for the meeting which must be provided
within ten (10) days of the date of filing.

If the respondent believes that the subject matter is not within the scope of
representation, or meeting and conferring is not required because of the terms of a
Memorandum of Understanding, he/she shall advise the other party.

c. Reasonable Time Off to Meet and Confer
The Formally Recognized Employee Organization may select two employee
members of such organization to attend scheduled meetings with the Employee Relations
Officer or other management officials on subjects within the scope of representation
during regular work hours without loss of compensation. If the organization represents
more than 40 employees in an established unit, the parties shall agree on an appropriate
number of employees in addition to the two authorized by this section.

No employee representative shall leave his or duty or work station or assignment
without specific approval of the immediate supervisor or other authorized City
Management personnel.

d. Meeting Procedures

1. Submission of Data. It is the responsibility of the initiating party at the
meet and confer session to present facts and figures and other data either orally or
in writing to substantiate its position. The initiating party, where appropriate,
shall file written documentation with the respondent in advance of the scheduled
meet and confer session to facilitate discussion.

2. Scheduling of Meetings. The scheduling of meet and confer sessions is
subject to mutual consent of the parties in a manner consistent with the operating
needs and work scheduling of the City. If either party feels the other party has
failed to meet and confer, or to continue meeting and conferring, within a
reasonable period of time, that party may initiate the impasse procedures provided
for in this Ordinance.

3.Meetings:

i. Subject Matter. The parties shall then agree on the matters to
be covered by the session and any other ground rules deemed
necessary to facilitate the efficient and satisfactory conclusion
of the session.

ii. Impasse. If at anytime during the negotiations the parties
thereto reach a point in their discussions where their
differences have become so substantial and prolonged that

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

further meeting and conferring would be futile, the parties shall
declare their intent to go to impasse procedures pursuant to
Section 2-51.5 of this Ordinance and discussions in the meet
and confer session shall immediately cease.

e. Recordation of the Meetings.
Each party, at the meet and confer sessions may record the proceedings by
mechanical means only upon mutual consent of both parties.

f. Confidentiality.
All communications, written and oral, including tape recordings, should be
considered confidential as between the parties should not be considered public
documents while the parties are participating in the meet and confer process until
the conclusion of impasse, and any mediation procedure to which the parties have
agreed. Each party shall provide a place of safekeeping for said documents which
will insure their confidentiality. This Section shall not be interpreted to prohibit
the display or reproduction of said documents in the following instances:

1. Disclosure by the parties to their legal representatives for
advice, interpretation, or litigation.

2. Disclosure by the City District Manager to management personnel. 3. Disclosure by representatives of recognized Employee Organizations, to such members of their organizations as they deem necessary to make determinations. 4. Disclosures by the City Manager to the City Council in executive sessions or individually to members of the City Council. g. Availability of Data. The City will make available to Employee Organizations, in reasonable quantities, such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations and conditions set forth in these rules and the California Public Records Act at Government Code Sections 6250-6268. Information which shall be made available to Employee Organizations includes regularly published data contained in disclosable public records and other information as required by law. The City will not be required to disclose confidential or privileged records such as personnel, medical and similar files, working papers or memoranda which are not

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

retained in the ordinary course of business, or privileged records pertaining to
pending litigation to which the City is a party, or to privileged records related to
claims or appeals which have not been settled.

h. Memorandum of Understanding.
As a result of negotiations between the Formally Recognized Employee
Organization and representative(s) of the City, a Memorandum of Understanding
shall be jointly drafted incorporating the items agreed upon. This Memorandum
of Understanding shall not be binding until it has been approved by the City
Council. The Memorandum shall be executed by the City Manager, the
representative(s) of the Employee Organizations who are employees of the city,
and attested to by the City Council and the Executive Officer of the Employee
Organization. A copy of the fully executed Memorandum of Understanding shall
be filed by the City Clerk as a permanent record of the City.

2-51.5 Impasse Procedure

a. Initiation of Impasse Procedure. If either party believes that the meet and confer process has reached impasse as defined in this Ordinance, either party may initiate the impasse procedure by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be:

1. To identify and specify in writing the issue or issues that remain in
dispute.

2. To review the position(s) of the parties in a final effort to resolve such
disputed issue or issues.

4. If the dispute is not resolved, to discuss arrangements for the utilization of
the impasse procedures provided herein.

b. Procedure.

Impasse procedure is as follows:

If the parties agree to submit the dispute to mediation, and agree on the
selection of a mediator, the dispute shall be submitted to mediation. All mediation
proceedings shall be private and confidential. The mediator shall make no public
recommendation, take no public position at any time concerning the issues, and place no
recommendation or position in writing.

c. Costs of Impasse Procedure.

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

The costs of the services of a mediator utilized by the parties, and other mutually
incurred costs of mediation, shall be borne equally by the City and the Formally
Recognized Employee Organization.
(Ord.634)

Article VIII

Section 2-55. Scope of Article.
The provisions of this chapter shall govern the designation of certain city job
classifications requiring citation issuance and arrest authority, and the designation of
individuals holding positions within those job classifications who have the power to
issue citations and make arrests for violations of provisions of this code and specific
state laws which those individuals are required to enforce.

It is not the intent of this chapter to designate such persons as “peace officers” for any
purpose. The intent of this chapter is to establish authority for citation issuance and
arrests pursuant to Penal Code Section 836.5 as that section now exists, or as it may
in the future be amended or renumbered.

Section 2-56. Authority of the City Manager. The City Manager shall have the authority to designate those city job classifications which require citation issuance and arrest authority. Only such classifications as contain positions which have the duty to enforce provisions of this code or a specific state statute shall be so designated.

Section 2-57. Authority of Individual Employees.
The City Manager or other designated city officer shall submit to the City Council a
list of persons, occupying positions within the job classifications designated pursuant
to Section 2-56 of this article, who are required to enforce provisions of this code or a
specific state statute. The City Council, by resolution, shall grant to such persons the
authority to issue citations and make arrests for violations of this code or the pertinent
state statutes.

From and after adoption of such a resolution, the persons so designated shall have the
authority to issue citations and make arrests for violations of this code or of pertinent
provisions of state law. (Ord. 714)

IMPERIAL CITY CODE CHAPTER 2 - ADMINISTRATION

Article IX Procurement Policy System