Ione Municipal Code Ch. 2.16 Employer-Employee Relations

Footnotes:

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Editor's note— Ord. No. 429, § 1, adopted May 19, 2009, repealed and reenacted chapter 2.16 in its entirety to read as herein set out. Formerly, chapter 2.16 pertained to the personnel system, and derived from Ord. No. 214, §§ 1—3, 16, 19, adopted 1980; Ord. No. 290, § 1, adopted 1988; Res. No. 1041, §§ 2—4, adopted 1996, and Res. No. 1582, § 2, adopted 2007.

Note— This chapter shall be known as the employment relations policy of the city.

The purpose of this chapter is to promote full communication between the city and its employees by providing a reasonable method of dealing with issues regarding wages, hours, and other terms and conditions of employment between the city and its employees and their employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the city government by providing a uniform basis for recognizing the right of city employees to join employee organizations of their own choice and to be represented by such organizations in their employment relationships with the city. Nothing contained herein shall be deemed to supersede the provisions of state law or ordinances or civil service rules established.

(Ord. No. 429, § 1, 5-19-2009)

The definitions contained herein shall govern the construction of this policy. The definition of a word applies to any of its variants. The following terms shall have the respective meanings as set forth unless it is clearly apparent from the context that they are used in a different sense:

A. "Council." The city council of the City of Ione.

B. "Consult." Verbal or written communication for the purpose of presenting and obtaining views and advising of intended action.

C. "City." City of Ione or any person authorized by the council to represent the city.

D. "Days." Calendar days.

E. "Department head." Those appointed as the principal employee of a department for the discharge of duties provided by law or of particular delegated functions.

F. "Employee" means any person employed by the city except those elected by popular vote or those appointed by the council to advisory boards or commissions.

1. "Permanent employee" means a classified service employee who has successfully completed the prescribed probationary period and has been retained as provided under this title.

a. Permanent full-time is a permanent employee who provides full-time services to the city and who is compensated at full pay and benefits for the assigned position.

b. Permanent part-time is a permanent employee who provides less than full-time service to the city and who is compensated proportional to the amount of service provided to the city.

2. "Probationary employee" means a classified service employee who has not completed the probationary period for a particular position pursuant to these rules.

3. "Temporary employee" means an unclassified service employee who possesses the minimum qualifications established for a particular position, and has been appointed to the position in the absence of available eligible appointee, or who has been appointed to a position of limited scope and duration.

4. "Confidential employee" means any employee, without regard to departmental assignment, whose access to confidential information, including personnel and/or payroll files, or whose responsibilities or knowledge in connection with employment relations between the city and its employees would make his/her membership in an employee organization incompatible with his/her official duties. Confidential employees are all non-management positions in finance, city manager and city attorney offices, such as administrative assistant/deputy city clerk, and accounting technician.

5. "Professional employee" means employee engaged in work requiring specialized knowledge and skills attained through completion of an academic course of instruction, usually leading to the attainment of an academic degree, including, but not limited to, attorneys, traffic engineers, civil engineers, architects, water/waste-water plant operators, laboratory technicians and various types of physical, chemical and biological scientists. (This definition does not include the job titles of police officer or firefighter. However, the city manager, in his sole discretion, may designate additional positions satisfying the requirements stated above.)

6. "Supervisory employee" means employees who exercise responsibility for training, evaluating, assigning and overseeing work, and possessing the authority to recommend discipline.

7. "Management employee" means any employee having significant responsibilities for formulating and administering city policies and programs and having responsibility for directing the work of subordinates through lower level supervision; and/or any employee having authority to exercise independent judgment, or to effectively recommend any action to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances, if the exercise of such authority is not a merely routine or clerical nature, but requires the use of independent judgment and discretion. Management employees shall refer to city manager, city attorney, chief wastewater operator, city planner, finance manager, fire chief; police chief, and public works director/city engineer.

G. "Employee organization." An organization which includes as members employees of the city and has as one of its primary purposes representation of such employees in their relations with the city.

H. "Employment relations." The relationship between the city and its employees and their employee organizations, or when used in a general sense, the relationship between management and employees or employee organizations.

I. "Fact finding." The investigation of an impasse by an impartial third party for the purpose of describing issues in dispute, stating the positions of the parties, making findings of fact on issues in dispute and making advisory recommendations for settlement of the dispute.

J. "Impasse." A deadlock in negotiations between a recognized employee organization and the city concerning any matters required to be negotiated.

K. "Mediation." The efforts of an impartial third party, functioning as an intermediary, to assist the parties in reaching a voluntary resolution of an impasse through interpretation, suggestion or advice.

L. "Negotiation." The process by which representatives of a recognized employee organization and representatives of the city meet at reasonable times and confer in good faith in an effort to reach agreement upon wages, hours and other terms and conditions of employment and the execution, if requested by either party, of a written document incorporating any agreement(s) reached; provided, however, that this process shall not require agreement to a proposal or the making of a concession by either party.

M. "Recognized employee organization." An employee organization which has been recognized in accordance with Section 2.16.070.

N. "Representation unit." An appropriate unit composed of city employees for the purpose of employee representation which has been established in accordance with Section 2.16.070.

(Ord. No. 429, § 1, 5-19-2009)

Except as otherwise provided by state or federal law, or as otherwise provided herein, employees of the city shall have the right to form, join, and participate in activities of employee organizations of their own choosing, for the purpose of representation on matters of employer-employee relations. Employees 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.

(Ord. No. 429, § 1, 5-19-2009)

A. To ensure that the city is able to carry out its statutory functions and responsibilities, nothing contained in this chapter shall be construed to require the city to negotiate on matters which are solely a function of management, including the following:

1. To manage the city generally and to determine the issues of policy;

2. To determine the existence of facts which are the basis of management decisions;

3. To determine the necessity for and organization of any service or activity conducted by the city, and to expand or diminish services;

4. To determine the nature, manner, means, technology, and extent of services to be provided to the public;

5. To determine methods of financing;

6. To determine types of equipment or technology to be used;

7. To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to allocate and assign the work by which city operations are to be conducted;

8. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operation of the city, except where such contracts for service would be for the purpose of workforce reductions;

9. To assign work to and schedule employees in accordance with requirements as determined by the city, and to establish and change work schedules and assignments upon reasonable notice and good faith consultation;

10. To lay off employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or nonproductive;

11. To establish and modify productivity and performance programs and standards;

12. To dismiss, suspend without pay, demote, reprimand, withhold salary step increases, or otherwise discipline employees for cause;

13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and job classifications, and to reclassify employees;

14. To hire, transfer, promote, and demote employees for non-disciplinary reasons;

15. To determine policies, procedures, and standards for selection, training, and promotion of employees;

16. To establish reasonable employee performance standards including, but not limited to, quality and quantity standard; and to require compliance with such standards;

17. To maintain order and efficiency in city facilities and operations;

18. To establish, publish, and/or modify rules and regulations to maintain order and safety and health in the city which are not in contravention with these regulations or the personnel rules;

19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in these regulations; and

20. To take any and all necessary action to carry out the mission of the city in emergencies.

B. No neutral third party, including a hearing officer, shall have the authority to add, delete or otherwise modify any provision of these employer rights, authorities, or functions, but shall be limited to matters of interpretation only.

C. The employer rights shall not remove or limit the right of any classified employee to exercise grievance procedures.

(Ord. No. 429, § 1, 5-19-2009)

A. Management and confidential employees who are members of an employee organization that includes as members employees who are not management or confidential employees shall not:

1. Serve as officers of such employee organization; or

2. Serve on committees which deal with representation of non-management or non-confidential employees concerning matters within the scope of representation; or

3. Serve as representative of such employee organization before management.

B. As used in this section, the term management and confidential employees shall refer to those employees assigned to the position classifications indicated, and any other classification that the city may designate as a new or classified position.

1. Confidential employees.

C. Supervisory personnel shall not represent nonsupervisory or subordinate supervisory employees in any grievance matter.

(Ord. No. 429, § 1, 5-19-2009)

The city manager or designee shall represent the interests of city administration in matters of employer-employee relations.

The city manager is designated as the employee relations officer and chairperson of the employee relations committee, and may designate other management officers as members of the employee relations committee. Further, the city manager is authorized to establish rules and procedures to carry out the intent of this chapter, including the authority for its administrative interpretation.

All elections related to employee organizations authorized by this chapter shall be conducted by the state mediation service or some other party agreed upon by the city and concerned employee organizations. The expenses, if any, of conducting an election shall be shared equally by the city and employee organization involved in the election.

(Ord. No. 429, § 1, 5-19-2009)

A. The employee relations officer shall establish appropriate employee representation units. The following factors, among others, shall be considered in determining an appropriate representation unit:

1. Minimizing fragmentation of units by achieving the largest feasible group of employees having a community of interest;

2. The effect of the proposed unit on the efficient operation of city services and sound employment relations;

3. The history of employee relations in the unit and among other employees in the city; provided, however, that no unit shall be established on the basis of the extent to which the employees have organized;

4. Similarity of duties, skills, wages and benefits programs, working conditions of employees, and prerequisites of job classes;

5. Whether management officials at the level of the unit have the power to agree or to make effective recommendations to other administrative authority or to the city council with respect to wages, hours, and other terms and conditions of employment subject to negotiation;

6. The effect on the existing classification structure of dividing a single classification among two or more units;

7. Management and confidential employees shall not be included in the same unit with non-management or non-confidential employees;

8. No employee shall be included in more than one representation unit.

Whenever a new classification is adopted by the city, the city manager may allocate such classification to an appropriate representation unit after consultation with employee organizations requesting same. A routine title change of an existing classification is not subject to this provision.

The total number of employees in a proposed representation unit shall be determined by using authorized budgeted positions, adjusted to reflect the positions occupied as of the date of the petition.

B. An employee organization which seeks to be the recognized employee organization for a representation unit which has been requested or is already established shall file a petition with the city manager. The petition shall contain:

1. Name and address of employee organization;

2. Names and titles of its officers;

3. Names of the employee organization representatives who are authorized to speak on behalf of its members;

4. Information as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization and, if so, the name and address of each such regional, state, national or international organization;

5. Copies of the employee organization's constitution and bylaws;

6. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, age, national origin, physical handicap, marital status, or political affiliation or view;

7. A designation of the names and addresses of no more than two persons to whom notices sent by regular United States mail or personally delivered will be deemed sufficient notice to the employee organization for all purposes unless otherwise specified herein;

8. Description of the representation unit for which the employee organization seeks certification;

9. A statement showing proof, as prescribed below, that the organization represents at least 30 percent of the employees in the representation unit:

Proof of Employee Approval. As used herein this means that the employee organization submitting a petition to the employee relations officer has demonstrated proof of approval by the employees whom it purports to represent by means of any one or any combination of the following. Further, the employee's signature, whether on a petition or an authorization card, shall signify the employee's approval of conducting a representation election.

a. Signed and dated signatures on a petition;

b. Signed and dated employee authorization cards;

c. Documented evidence of current dues-paying employee organization membership or payroll dues deductions, using the payroll period immediately prior to the date the petition is filed.

For purposes of Subsections B.9.a. and b., only signatures of employees currently employed in permanent positions within the proposed representation unit on the date the petition is filed, and whose signatures have been executed within 60 calendar days prior to the date the petition is filed, shall be accepted as proof of employee approval.

C. The employee relations officer shall give notice of the request for certification or decertification to the employees in the unit and to the employee organization, if any, which is then currently certified as the representative of the unit. Such notice shall be given within five working days following receipt by the employee relations officer of the request for certification or a decertification, excluding Saturday, Sunday, and holidays. Upon determining that the petitioning employee organization represents at least 30 percent of the employees in the representation unit, the employee relations officer shall arrange for a secret ballot election to ascertain the free choice of a majority of such employees, the date, time and place of which shall be determined by the employee relations officer.

Any other employee organization shall be shown as one choice on the ballot, upon filing of a petition and presentation of the aforementioned proof that the organization represents at least 30 percent of the employees in the representation unit. Such petition for a place on the ballot must be filed within seven calendar days after notice of the petition for election has been mailed by the employee relations officer to the employees.

In all certification or decertification elections, the choices on the ballot shall be the currently recognized employee organization for the unit, if any, challenging employee organizations, and "no representative organization."

Employees entitled to vote in a representation election shall be those employees in permanent positions within the representation unit who were permanent employees at least 15 days prior to the date of the election. Employees who did not work during the above-described time period because of illness, vacation, or authorized leave of absence, and who are otherwise eligible, shall be permitted to vote.

The recognized employee organization shall be representative of all the employees in such unit for purposes of meeting and conferring in good faith on matters within the scope of representation. This shall not preclude individual employees from consulting with management representatives on employer-employee relations matters of concern to them.

(Ord. No. 429, § 1, 5-19-2009)

Provided that at least 12 months have elapsed from the most recent date of certification of an organization, requests for decertification of that employee organization may be initiated by a petition from employees or by any other employee organization. No such request shall be processed unless it is filed no sooner than 120 calendar days and no later than 60 calendar days before the expiration of any then current memorandum of understanding or agreement between the city and the employee organization which is then presently certified as the representative of the unit for which decertification is requested.

A petition for decertification shall be submitted to the employee relations officer and must be accompanied by proof of employee approval, as previously defined, of at least 30 percent of the employees within the representation unit. The employee relations officer shall arrange for a secret ballot election to determine which employee organization shall represent the unit or if there shall be no representative organization. Choices on the ballot shall be determined in the manner set forth in this section.

Notwithstanding any other provisions of this section, the city may seek decertification of an employee organization at any time that it appears to the city manager that such an action is warranted because of reasons related to substantial changes in city functions, organizational structure, or classification revisions, or if, in the opinion of the city manager, there is reason to believe the recognized employee organization does not represent a majority of the employees in the representation unit. In such a case, the city manager shall notify the employee relations officer of the city manager's decision that an election to determine the current wishes of employees be held, and the employee relations officer shall arrange for a secret ballot election in the same manner provided for in this article; provided, however, that no such election shall be held until the employee organization then currently recognized as the representative of the unit or units involved has been given at least 30 calendar days notice of the date upon which the election will be held. Any employee organization may be listed on said ballot if said organization petitions for a place thereon and submits proof, as previously defined, that that employee organization represents at least 30 percent of the total number of employees in the representation unit or units affected by the election. The ballot shall contain a "no representative organization" choice. An employee organization shall be granted formal recognition as the recognized employee organization by the employee relations officer following an election or runoff election if:

A. That employee organization has received a numerical majority of the votes cast by the employees within the unit in which the election is held;

B. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a runoff election.

Notification of recognition shall be made to the city council, departments concerned, employees in the unit being represented, challenging employee organizations, and such other persons or organizations as the employee relations officer deems appropriate. The employee relations officer may refuse to certify the winner of an election as the recognized employee organization for that unit or units, if the employee relations officer has reason to believe that the winner of such election has coerced, intimidated, or grossly misled employees in securing or attempting to secure their votes; or has violated any applicable federal or state law or rule adopted for orderly and responsible employer-employee relations; or otherwise has disturbed the "laboratory conditions" which are desirable for a free and fair election. In the case of gross misconduct by the employee organization, such employee organization shall be barred from seeking another election for a period of 24 months from the date of the decision of the unfair campaign practice. Such refusal by the employee relations officer to certify an employee organization on these grounds shall be referred to the city council for review at an open meeting at which all interested parties shall be afforded an opportunity to be heard. The council shall either require the employee relations officer to certify the winner of the election as the recognized employee organization for that unit or units, or uphold the determination of the employee relations officer and require another election.

(Ord. No. 429, § 1, 5-19-2009)

An employee organization may request the modification of an established representation unit by submitting to the employee relations officer a petition accompanied by proof of employee approval of the proposed modification signed by not less than 50 percent of those employees who, if the proposed modification should be granted, would be moved from one representation unit to another. A unit modification request may not be submitted until at least 12 months have elapsed from the most recent date of certification of the unit from which positions would be removed should the modification request be granted. No such request shall be processed unless it is filed no sooner than 120 calendar days and no later than 60 calendar days before the expiration of the then current memorandum of understanding or agreement between the city and the employee organization which is then presently certified as the representative of the unit from which one or more positions would be removed if the request were granted. All petitions for modified units shall be accompanied by a list of all classifications to be included in the modified unit and the number of employees in each classification, as well as the division(s) and/or department(s) to which they belong.

The employee relations officer shall make the final determination on the appropriateness of all units. In making such determination, the employee relations officer shall not be limited to consideration of the unit or units requested, but shall primarily be guided by those considerations delineated in Subsection 2.16.070 A.

Should the decision of the employee relations officer 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 such time as the memorandum of understanding concerning the unit from which they were transferred which was in effect at the time of said transfer shall expire.

Notwithstanding any other provisions of this chapter, the employee relations officer may modify any representation unit when, in the employee relations officer's opinion, and with concurrence of the city council, the present representation unit is no longer appropriate.

(Ord. No. 429, § 1, 5-19-2009)

Recognized employee organizations shall have the following rights, privileges, and obligations; however, nothing in this section shall prohibit any employee from self-representation in employment relation matters with the city:

A. The employee organization has the right to represent its members before the city council, employee relations committee, a hearing officer, or any other appropriate management representative in matters regarding employment conditions or employer-employee relations, as provided in Government Code Section 3500 et seq.

B. Any authorized representative of a recognized employee organization may contact members of the organization in city facilities, provided such representative has first made arrangements with the department head or designee, to provide for a time when such contact does not disrupt city business. This right does not extend to contacting city employees on city time who are not members of the particular employee organization, and city time shall not be used for soliciting membership or representation rights in any employee organization.

C. Attendance at meetings by authorized representatives of a recognized employee organization for the purpose of discussing representation matters may be allowed by the department head pursuant to Section 2.16.120.

D. The use of city facilities for recognized employee organization business may be made available pursuant to Section 2.16.130.

E. Obligations of the recognized employee organization shall include, but not necessarily be limited to, the following:

1. Representation of all employee organization members equally and fairly;

2. Advance notification to the department head to obtain approval to attend meetings with management officials concerning representation of employee organization issues;

3. Advance notice to the employee relations officer to request approval for a non-employee representative to visit a city work location concerning matters of employee organization business. In the absence of the employee relations officer, approval may be obtained from the appropriate department head;

4. Full compliance with Titles VI and VII of the 1964 Civil Rights Act (as amended), such that employee organizations and labor unions shall not discriminate against any member or prospective member on the basis of such person's race, creed, color, national origin, sex, age, or religious affiliation and all other applicable state and federal statutes relating to nondiscrimination;

5. Familiarity and compliance with this title by all representatives of the employee organization.

(Ord. No. 429, § 1, 5-19-2009)

A. Only recognized employee organizations in established representation units shall be entitled to negotiate with duly designated management representatives on wages, hours, and other terms and conditions of employment for the employees in such units.

B. Negotiations shall not be required on any subject pre-empted by federal or state law, nor shall negotiation be required on employee or city management rights as defined in Sections 2.16.030, 2.16.040 and 2.16.100. Proposed amendments to this chapter are excluded from the scope of negotiation, but shall be subject to consultation in good faith after reasonable notice.

C. Should either party desire to commence the meet-and-confer process for the next subsequent memorandum of understanding, they shall notify the other in writing no earlier than 120 calendar days prior to the expiration date of the existing memorandum of understanding, and the meet-and-confer process shall begin no later than 90 calendar days prior to the expiration date of the existing memorandum of understanding in order to allow for the timely implementation of mutually agreeable provisions.

D. The parties, by mutual agreement only, may reopen any section of this agreement for discussion or meet-and-confer. Any supplemental agreement reached through this process shall be reduced to writing and added to the contract in the form of a side letter of agreement.

E. Agreement reached as a result of negotiations shall be included in a memorandum of understanding signed by the employee relations officer and city manager, as well as by the duly designated representatives of the recognized employee organization. Such memorandum of understanding shall not be binding unless approved by the city council and the recognized employee organization.

(Ord. No. 429, § 1, 5-19-2009)

City employees who are official representatives or unit representatives of recognized employee organizations shall be given reasonable time off with pay to attend meetings with management representatives. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of city services as determined by the city. Such employee representatives shall submit a written request for excused absence to their respective department heads, with an information copy to the employee relations officer, at least two working days prior to the scheduled meeting. Except by mutual agreement between the department head and the employee relations officer, the number of employees excused for such purposes shall not exceed two for any one employee organization.

(Ord. No. 429, § 1, 5-19-2009)

Any representative of a recognized employee organization shall give notice to the employee relations officer and respective department head before contacting departmental employees on city facilities during the duty period of the employees provided that solicitation for membership or other employee organization business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made and when made shall continue until revoked by the employee relations officer.

City buildings and other facilities may be made available for use by city employees or a recognized employee organization or their representatives, in accordance with such administrative procedures as may be established by the city manager or department heads concerned.

(Ord. No. 429, § 1, 5-19-2009)

Impasse procedure may be invoked only after all other attempts made by both parties to reach agreement through good faith negotiation have been exhausted and unsuccessful.

A. The spokesperson for either the city or employee organization may invoke the impasse procedure by filing with the other spokesperson, a written request for an Impasse meeting together with a statement of its position on the disputed issues. An impasse meeting shall then be promptly scheduled by the parties involved. The purpose of such impasse meeting is to permit review of the position of all parties in a final good faith effort to reach agreement on the disputed issue(s).

B. If agreement is not concluded at the impasse meeting, the parties together shall attempt to agree upon a method of resolving the dispute which may include the use of a mediator. Unless agreed to in writing by the spokespersons, mediators shall make no public recommendations nor take any public position regarding the issues. All mediation sessions shall be conducted in private.

C. Notwithstanding the above, any economic issue of negotiation between the city and a recognized employee organization that has not been resolved within 120 calendar days prior to adoption of the city's annual budget by the city council shall not be subject to further meet and confer. In such cases, the city's last offer may be initiated by the city council and maintained for at least the balance of the calendar year following expiration of the most current memorandum of understanding. The city council may, in its sole discretion, waive the 120-day limitation for good cause.

(Ord. No. 429, § 1, 5-19-2009)

Except in cases of emergency, each recognized employee organization affected shall be given reasonable advance written notice by the employee relations officer of any ordinance, resolution, rule or regulation directly relating to matters within their scope of representation proposed to be adopted by the city and shall be given the opportunity to meet and confer with the appropriate management representative(s) prior to adoption.

In cases of emergency, when the foregoing procedure is not practical, or it is in the best public interest, the city may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the recognized employee organizations shall be provided with the notice described above and be given an opportunity to meet with appropriate management representative(s).

(Ord. No. 429, § 1, 5-19-2009)

Nothing in this chapter shall be construed to deny any person, employee, or employee organization the rights granted by federal and state laws. The rights, powers and authority of the city council and the rights of employee organizations in all matters, including the right to maintain any legal action shall not be modified or restricted by this chapter. The provisions of this chapter are not intended to conflict with, nor shall they be construed in a manner inconsistent with, the provision of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) as amended.

(Ord. No. 429, § 1, 5-19-2009)

Only the recognized employee organization may have the regular dues of its members within a representation unit deducted from employee's paychecks under procedures prescribed by the city for such deductions. Dues deduction shall be made only upon signed authorization for the employee upon a form approved by the city, and shall continue until such authorization is revoked in writing by the employee, or until the first day of the calendar month following the transfer of the employee to a unit represented by another employee organization. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned.

(Ord. No. 429, § 1, 5-19-2009)

A. The salary schedule is based upon the following criteria: New employees shall be appointed at the first step of the salary range in effect for the particular class of position in which the appointment is made. Advance salary placement is authorized up to step 3/C based on experience by the determination of the city manager. If an advanced salary placement is needed beyond step 3/C, then city council approval is required.

B. Salary step advancement within range shall be on an annual basis, at five percent increments, and dependent upon employee's satisfactory annual performance rating, until the employee reaches the maximum salary step of the appropriate salary range. The salary schedule shall be reviewed and adopted annually and made be changed by resolution.

C. Every employee in the classified service shall have a salary anniversary date which shall be the date of hire and/or promotion. Accrual for step salary increases, as well as vacation and sick leave credits, begins on the date of hire.

(Ord. No. 429, § 1, 5-19-2009)

A. Permanent personnel records shall be kept by the city manager or his designee including:

1. A personal employment record for each employee showing date of hire, positions held, effective dates of position changes, salary rates received and their effective dates, overall performance ratings, and required personal information; and

2. Performance evaluation reports;

B. The payroll records kept by the finance department shall be the official records for accrued sick leave, vacation, compensation time off (CTO) and attendance. All time off from work needs to be recorded on the employee's timesheet and submitted to the finance department for payroll purposes.

C. The performance evaluation reports shall be filed in the employee's individual personnel records as part of their official personnel record.

D. City manager or his designee is required to monitor the accrued sick leave, vacation, floating holiday, and CTO for accruals and to ensure that the maximum allowed accrual is not exceed.

(Ord. No. 429, § 1, 5-19-2009)

Each permanent full-time department head employed by the city is subject to emergency call-out when off duty and shall reside within a 15-mile radius of the city. The city manager shall be a city resident.

(Ord. No. 429, § 1, 5-19-2009)

The current memorandum of understandings together with their amendments or modifications, between the city and its employees, which have been ratified by the city council, are incorporated by reference into this chapter.

(Ord. No. 429, § 1, 5-19-2009)