Orange County Municipal Code Art. 1 General Provisions

The provisions of this division 3 of title 1 are enacted by the Board of Supervisors of the County of Orange, also acting as the Board of Supervisors of the Orange County Flood Control District and the Orange County Harbors, Beaches and Parks District.

(Code 1961, § 13.011)

The regulation of the method of employment, terms of employment, conditions of employment, working hours, leaves of absence, compensation of officers and employees of the County of Orange, the Orange County Flood Control District and the Orange County Harbors, Beaches and Parks District shall, effective July 1, 1965, be fixed by resolution of this Board.

(Code 1961, § 13.012)

The addition and deletion of positions shall be accomplished by action of the Board of Supervisors and the Position Control File reflecting such actions shall be maintained by the Assistant County Executive Officer—Personnel. The movement of individuals within salary ranges, and the adoption of class specifications for officers and employees of the County of Orange, the Orange County Flood Control District, and the Orange County Harbors, Beaches and Parks District shall be fixed by minute order or resolution of the Board of Supervisors.

(Code 1961, § 13.013; Ord. No. 2785, § 1, 10-1-74; Ord. No. 98-15, § 8, 12-8-98)

Pursuant to Government Code section 68546, if the Chairman of the Judicial Council assigns a judge of a Municipal Court in the County of Orange to sit on the Superior Court of the County of Orange, the Presiding Judge of the Municipal Court may, with the consent of the Presiding Judge of the Superior Court, also assign the court reporter, deputy clerk and deputy marshal, or any of them, of the Municipal Court from which such judge is assigned to act as court reporter, deputy clerk and deputy marshal, respectively, for the Superior Court during the period for which the judge is assigned. During the period for which the court reporter, deputy clerk or deputy marshal is assigned, they shall receive the same salary as a court reporter, deputy clerk or deputy marshal, respectively, for the Superior Court.

(Ord. No. 3583, § 1, 4-22-86)

Editor's note— Section 1 of Ord. No. 2867, adopted Sept. 23, 1975, repealed former § 1-3-4 pertaining to holidays to be observed by the county. The former section was derived from Code 1961, § 13.014; Ord. No. 2683, § 1, enacted July 3, 1973; and Ord. No. 2785, § 1, enacted Oct. 1, 1974. Subsequently, Ord. No. 3583, § 1, enacted Apr. 22, 1986, added a new § 1-3-4.

Editor's note— Ord. No. 2785, § 2, adopted Oct. 1, 1974, amended this Code by repealing §§ 1-3-5 and 1-3-6, relating to special holidays. Said former sections were derived from Code 1961, § 13.014.1, Ord. No. 2640, 1-2-73 and Ord. No. 2648, § 1, 1-24-73.

The provisions of sections 31681.5, 31681.51, 31725.5, 31739.3 and 31739.31 of the Government Code of the State of California relating to the County Employees Retirement Law of 1937 are hereby made applicable to the Orange County Employees Retirement System and the Board of Retirement is authorized to implement the provisions of section 31725.5, including the application of said section to persons retired for disability before the effective date of this section.

(Code 1961, § 13.015)

The provisions of article 16.6 of the County Employees Retirement Law of 1937 (Government Code sections 31875—31879.1) are hereby made applicable to the Orange County Employees Retirement System. The principles set forth in article 16.5 of the County Employees Retirement Law of 1937 (commencing with Government Code section 31870) shall be applied for the purpose of adjusting retirement allowances in accordance with past cost-of-living changes.

The date as of which article 16.5 shall be deemed applicable shall be January 1, 1967, for every retirement allowance, optional death allowance or annual death allowance payable to or on account of any member who retired or died prior to April 1, 1967; January 1, 1968, for allowances payable to or on account of any member who retired or died prior to April 1, 1968; and January 1, 1969, for every allowance payable to or on account of any member who retired or died prior to April 1, 1969; such adjustments to be cumulative. The adjustments set forth shall be effective for allowances payable commencing December 1, 1969.

(Code 1961, § 13.016)

The provisions of article 16.6 of the County Employees Retirement Law of 1937 (Government Code sections 31875—31879.1) are hereby made applicable to the Orange County Employees Retirement System. The principles set forth in article 16.5 of the County Employees Retirement Law of 1937 (commencing with Government Code section 31870) shall be applied for the purpose of adjusting retirement allowances in accordance with past cost-of-living changes.

The date on which article 16.5 shall be deemed applicable shall be April 1, 1970, for every retirement allowance, optional death allowance or annual death allowance payable to or on account of any member who retired or died prior to April 1, 1970. The adjustments set forth shall be effective for allowances payable commencing May 1, 1970.

(Code 1961, § 13.017)

The provisions of article 16.5 of the County Employees Retirement Law of 1937 (Government Code sections 31870 to 31874.1) are hereby made applicable to the Orange County Employees Retirement System and shall be applied for the purpose of annual adjustment of retirement allowances in accordance with cost-of-living changes not to exceed a maximum of three (3) per cent annually. Article 16.5 shall be deemed applicable on April first of each year for every retirement allowance, optional death allowance or annual death allowance payable to or on account of any member who retired or died prior to April first of each such succeeding year hereafter.

(Code 1961, § 13.018)

The provisions of California Government Code section 31641.04 are adopted and made applicable in the County of Orange.

(Ord. No. 3856, § 1, 5-12-92)

(a) Applicability.

(1) This section shall apply to labor contract negotiations undertaken pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq.), where either a recognized employee organization or the County, through their respective representatives, propose changes in wages, hours, or any other terms or conditions of employment. This section shall not apply to any labor contract negotiations undertaken pursuant to the Meyers-Milias-Brown Act that have commenced prior to the date of adoption of the ordinance from which this section derived and until the current contracts are expired.

(2) In an effort to avoid inherent conflicts of interest, the principal representative negotiating on behalf of the County (herein "principal negotiator") shall not be an employee of the County and shall have a demonstrated expertise, to the sole satisfaction of the Board of Supervisors, in negotiating labor and employment agreements on behalf of public entities. The use of such a principal negotiator as described herein may only be waived by a majority vote of the Board of Supervisors. The Chief Human Resources Officer or his or her designee(s) will be present during negotiations and participate in the negotiations with the principal negotiator.

(3) This section shall not prevent the negotiation of ground rules applicable to any labor contract negotiations undertaken pursuant to the Meyers-Milias-Brown Act and is not intended to revise or nullify any agreed-upon ground rules established for negotiations that have commenced as of the date of the adoption of this section. Consistent with the Meyers-Milias-Brown Act, the parties may, but are not required to, negotiate preliminary procedural matters governing the conduct of negotiations including, but not limited to, the time and place for bargaining, the order of issues to be discussed, the signing of tentative agreements, the requirement of package bargaining, or the use of supposals. A "supposal" is an agreement by the parties to seek resolution of meet and confer disputes by means of exchanging hypothetical settlement provisions. These hypothetical settlement provisions are designed to explore the feasibility of reaching agreement on disputed issues. By definition, a "supposal" does not constitute a "proposal," "offer," or "counter offer" as those terms are used by the PERB, by the Meyers-Milias-Brown Act, or by the courts. Instead, a supposal is a tool allowing the parties to explore informally and without binding impact, possible settlement options without incurring the legal impact of a "proposal," "offer" or "counter offer."

(b) Independent economic analysis.

(1) In order to implement the requirements of this section, the Auditor-Controller of the County shall initially prepare an Independent Economic Analysis (hereinafter "report") which describes and summarizes the fiscal costs to the County of the benefit and pay components currently provided to members of recognized employee organizations in comparison to the costs of each term and condition of employment offered in negotiations, including the costs of each term and condition of employment proposed in a supposal, if a supposal is used. The report will itemize the annual and cumulative costs that would or may result from adoption or acceptance of any initial meet and confer proposal to be considered by the Board of Supervisors. The report shall provide all relevant data upon which the report is based.

(2) The report shall be completed and made available for review by the Board of Supervisors and the public at least thirty (30) calendar days before consideration by the Board of Supervisors of an opening proposal to be presented to any recognized employee organization regarding negotiation of an amended, extended, successor, or original memorandum of understanding.

(3) The report shall be regularly updated by the Auditor-Controller to itemize the annual and cumulative costs that would or may result from adoption or acceptance of each meet and confer proposal (hereinafter referred to as "update"). These itemizations shall display the fiscal impacts of each employee association and County proposal. Each report and update shall be prepared in the following format, including all benefit and/or pay aspects of each MOU. The particular categories of pay/benefits listed are provided as examples only. The actual pay/benefit categories may vary depending on the particular bargaining unit. Each report and update shall provide the total compensation calculations for each compensation element and compare them to the prior year, as well as to the prior proposals made in the particular negotiation to which the report and updates apply. Additionally, each report and update shall include the computation of a best estimate of the absolute amount and the change from the currently computed pension unfunded actuarial accrued liability and the retiree medical unfunded actuarial accrued liability. The Auditor-Controller may add additional information as they deem appropriate.

REPORT FORMAT

(c) Civic openness in the meet and confer process.

(1) Under Government Code section 3505 of the Meyers-Milias-Brown Act, as it currently exists, a governing body of a public agency, or the agency's designated agent, must meet and confer in good faith with representatives of recognized employee organizations before making any changes in wages, hours and other terms and conditions of employment. Under Government Code section 54957.6, the Board of Supervisors can meet in closed session with its designated representatives to discuss these negotiations, review its position in negotiations, and instruct its designated representatives on how to proceed in upcoming negotiations.

(2) The Board of Supervisors shall report out from such closed session any and all prior formal offers, formal counteroffers and supposals made by either the County or by representatives of the recognized employee organization which were communicated to the County during the closed session. The report shall be made in a timely manner without undue delay. For purposes of this section an "offer" is a formal proposal regarding wages, hours or other term or condition of employment made by the parties in negotiation sessions. A "counteroffer" is a proposal regarding wages, hours or other terms or conditions of employment made in response to an offer. A "supposal" is used as defined in subdivision (a)(3) above.

(3) The report out of closed session shall also include the release of a list of names of all persons in attendance during the negotiation sessions, the date of the sessions, the length of the sessions, the location where the sessions took place and any pertinent facts regarding the negotiations that occurred in a particular session, including, without limitation, all formal offers and counteroffers made both by the County and the recognized employee organization.

(4) Board of Supervisor representatives shall have a duty to advise the Board of Supervisors during any such closed session of offers, counteroffers, information provided, and/or statements of position discussed by the employee organization and County representatives participating in the meet and confer process since the last such closed session.

(5) This section shall not mandate publication of Board-directed future proposals, the analytical thought process utilized by the Board of Supervisors in addressing issues subject to the meet and confer process, or the content or substance of any discussions subject to the deliberative process or attorney-client privileges. It is the intent of this section that, except as specifically stated, such privileges are not waived by any provision of this section.

(6) Notwithstanding the provisions of this subsection (c)(1)—(5), the County shall disclose to the Board of Supervisors and to the public any and all offers, counteroffers and supposals made by: (a) the County to representatives of the recognized employee organization; and (b) representatives of the recognized employee organization to the County. Such disclosure shall be made within twenty-four (24) hours of the making of such offer or counteroffer. The terms "offer," "counteroffer," and "supposal" shall have the same meanings ascribed to them in section 1-3-12(c)(2) above.

(d) Adoption of memorandum of understanding. Excepting the resolution of any meet and confer impasse, the rendering of a final Board of Supervisors determination regarding adoption of a memorandum of understanding shall only be undertaken after the matter has been heard at a minimum of two (2) board meetings wherein the public has had the opportunity to review and comment on the matter. Not less than seven (7) days prior to the first board meeting where the matter shall be heard, the County shall post on its website the memorandum of understanding under consideration for adoption, along with any final report and updates made by the Auditor-Controller pursuant to subsection (b) herein.

(e) Inconsistencies. Any provision of the Codified Ordinances of Orange County or appendices thereto inconsistent with the provisions of this section, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this section.

(f) Severability. If any provision or clause of this section or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this section which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this section are declared to be severable.

(g) Publication. This section shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the Orange County Reporter, a newspaper of general circulation, printed and published in the County of Orange or, in the alternative, the Clerk of the Board may cause to be published a summary of this section and a certified copy of the text of this section shall be posted in the office of the Clerk of the Board five (5) days prior to the date of adoption of this section, and within fifteen (15) days after adoption, the Clerk of the Board shall cause to be published the aforementioned summary and shall post in the office of the Clerk of the Board a certified copy of this section together with the names and members of the Board of Supervisors voting for and against the same.

(h) The implementation and application of this COIN section shall be suspended until such time as all litigation, appeals and administrative proceedings concerning the validity of the ordinance have been exhausted and all related judicial, quasi-judicial or administrative determinations, findings, orders and decisions are final.

(Ord. No. 14-005, §§ 1, 2, 8-5-14; Ord. No. 15-014, § 1, 9-22-15)