Chapter 2.53 — EMPLOYER-EMPLOYEE RELATIONS

This chapter shall be known as the Employer-Employee Relations Ordinance of the city of Palm Desert.

(Ord. 1042 § 1, 2003)

The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the state of California (Sections 3500 et seq.) captioned, "Local Public Employee Organizations," commonly known and referred to as the Meyers-Milias-Brown Act (MMBA) by providing orderly procedures for the administration of employer-employee relations between the city and its employees and employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment. (Ord. 1042 § 2, 2003)

• A. As used in this chapter, the following terms shall have the meanings indicated.

"Administrator" means the city manager of the city of Palm Desert, and in his or her absence, the duly authorized representative.

"Appropriate unit" means a unit established pursuant to Section 2.53.100 of this chapter.

"City" means the city of Palm Desert.

"City council" means the city council of the city of Palm Desert.

"City's representatives" means the city's representatives in all matters of employeremployee relations designated pursuant to Section 2.53.110 which includes the city manager and/or his designee(s).

"Consult or consultation in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views.

"Days" means calendar days unless otherwise stated.

"Employee" means any person regularly employed by the city that has passed his or her initial probationary period.

"Employee, confidential" means any employee who is privy, in advance, to decisions of city management affecting employer-employee relations, including but not limited to any individual who assists and/or acts in a confidential capacity to persons who formulate, determine and/or effecture management policies in the field of employer/ employee relations.

"Employee, management" means any employee having significant responsibilities for formulating and administering city policies and programs, including but not limited to the city manager, assistant city manager for community services, assistant city manager for development services, assistant city manager for redevelopment, economic development and housing, director of finance/city treasurer, director of public works, director of human resources, director of building and safety, director of housing, director of redevelopment,

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA § 2.53.030

PALM DESERT CODE

§ 2.53.030

director of special programs, director of community development and city clerk.

"Employee organization" means any organization that includes employees of the city and has as one of its primary purposes representing such employees in their employment relations with the city.

"Employee, professional" means any employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers and various physical chemical and biological scientists.

"Employer-employee relations" means the relationship between the city and its employees and their employee organizations or when used in a general sense the relationship between city management and employees or employee organizations.

"Impasse" means (1) the failure of representatives of the city and a majority representative to reach an agreement over (a) wages, hours, and other terms and conditions of employment, or (b) whether or not a subject comes within the scope of representation; or (2) any unresolved complaint by an affected employee organization concerning a decision of city representatives made pursuant to Sections 2.53.090—2.53.110 of this chapter.

"Majority representative" means an employee organization, or its duly authorized representatives, that has been granted formal recognition by the city as representing the majority of employees in an appropriate unit.

"Mediation or conciliation" means the efforts of an impartial third person, or persons functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms.

"Meet and confer in good faith" (sometimes referred to herein as meet and confer or meeting and conferring) means performance by duly authorized city representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet promptly upon request by either party and 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 representatives prior to the adoption by the city of its final budget for the ensuing year; and

2. Reach agreement on what will be recommended to the city council on those matters within the decisionmaking authority of the city manager. This does not require either party to agree to a proposal or to make a concession.

"Ordinance" means, unless the context indicates otherwise, the Employer-Employee Relations Ordinance of the city of Palm Desert.

"Recognized employee organization" means an employee organization that has been acknowledged by the city as an employee organization that represents employees of the city. The rights accompanying recognition are either:

1. Formal recognition, which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.53.030

§ 2.53.070

2. Informal recognition, which is the right to consultation in good faith by all recognized employee organizations.

"Scope of representation" means all matters relating to employment conditions and employer-employee relations, including but not limited to, wages, hours and other terms and conditions of employment. In accord with applicable law, the scope of representation shall not include (a) city actions falling within the exercise of fundamental managerial policy, or (b) the merits, necessity, or organization of any service or activity provided by law or executive order.

(Ord. 1042 § 3, 2003)

Employees of the city shall have the right to form, join and participate in the activities of the employee organizations of their own choosing for the purpose of 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 the 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, consistent with applicable law. In addition, employees have additional rights as granted to them by the city's personnel ordinance and any memorandum of understanding between the city and an employee organization.

(Ord. 1042 § 4, 2003)

The rights of the city include, but are not limited to, the exclusive right to determine the nature and extent of services to be performed, as well the right to determine and implement its public function and responsibility; determine the mission of its constituent departments, manage and control all property, facilities and operations, including the methods, means, and personnel by which the city's operations are to be conducted, set standards of service; determine the size and composition of the working force; 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, funds or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job descriptions and classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and technology of performing work; and take such other and further action as may be necessary to organize and operate the city in the most efficient and economical manner and in the best interest of the public it serves. (Ord. 1042 § 5, 2003)

The city, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment within the appropriate unit. (Ord. 1042 § 6, 2003)

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA § 2.53.070

PALM DESERT CODE

§ 2.53.090

All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The city, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employeremployee relations matters that affect them.

(Ord. 1042 § 7, 2003)

• A. Written notice, of at least 20 calendar days, shall be given to each formally recognized employee organization affected by any ordinance, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the city and each such organization shall be given the opportunity to meet with the city prior to adoption.

• B. The city reserves the right to take whatever action may be necessary in an emergency situation, however, a recognized employee organization affected by the action shall be promptly notified.

• (Ord. 1042 § 8, 2003)

• A. There are two levels of employee organization recognition, formal and informal. The requirements for establishing the formal and informal recognition of employee organizations are set forth below.

• B. Formal Recognition—The Right to Meet and Confer in Good Faith as Majority Representative.

  1. An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of city employees in an appropriate unit shall file a petition with the administrator containing the following information and documentation:

     • a. Name and address of the employee organization;

     • b. Names and titles of its officers;

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

     • d. A statement that the employee organization has, as one of its primary purposes, the function of representing employees in their employment relations with the city;

     • e. A statement whether the employee organization is a chapter or local of, or affiliated in any manner with, a regional, state, national or international organization and if so, the name and address of each such regional, state, national or international organization;

     • f. Certified copies of the employee organizations constitution and/or by-laws;

     • g. A designation of those persons, not exceeding two in number, and their

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.53.090

§ 2.53.090

addresses, to whom notice sent by they city internal mail system or regular United States mail will be deemed sufficient notice to the employee organization for any purpose;

• h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, age over 40, national origin, disability, sexual orientation or any other category protected by state and/or federal law;

• i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein;

• j. A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, currently effective or a payroll dues deduction authorization to establish that city employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to a mutually agreed upon disinterested third party;

• k. A request that the city recognize the employee organization as the majority representative of the member employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation; and

• l. The petition including all accompanying documents shall be verified, under oath, by the elected officers of the employee organization that the statements are true. All changes in such information shall be filed with the administrator forthwith in like manner.

2. The petition shall be accompanied by written 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 employee organization may request that such written proof be submitted to a mutually agreed upon disinterested third party. Upon receipt of the petition for recognition, the city shall determine whether:

   • a. There has been compliance with the requirements of the petition for recognition; and

   • b. The proposed unit is an appropriate unit.

If the city affirms the foregoing two matters, the administrator shall give notice of such request for formal recognition to appropriate city employees in the unit and shall take no action on said request for 20 days thereafter. If either of the foregoing matters is not determined affirmatively, the administrator shall inform the employee organization of the reasons therefor in writing.

3. Within 20 days of the date notice to employees is given, any other employee organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a petition for recognition; provided, however, such challenging organization must submit written proof that it represents at least 30% of the employees in such unit. The administrator shall hold a

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA § 2.53.090

PALM DESERT CODE

§ 2.53.090

hearing on such overlapping petitions, at which time all affected employee organizations shall be heard. Thereafter, the administrator shall determine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria set forth in Section 2.53.100 of this chapter.

4. If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than 50% of the employees in such unit, the city may, in its discretion, grant formal recognition to such employee organization without a secret ballot election. The city shall not grant such formal recognition without a secret ballot election, however, in the event written proof is submitted by another employee organization that establishes that it represents more than 30% of the employees in the unit found to be appropriate.

5. When an employee organization submits written proof that it represents at least 30% of the employees in the unit found to be appropriate, but it does not qualify for or has not been granted recognition pursuant to subsection (B)(4) of this section, the city shall arrange for a secret ballot election to be conducted by the California State Mediation and Conciliation Service or some agreed upon third party. All challenging organizations that have submitted written proof that they represent at least 10% of the employees in the unit found to be appropriate and have submitted a petition for recognition as required by this section shall be included on the ballot. Employees entitled to vote in such election shall be those persons regularly employed in positions within the unit found appropriate who were employed during the last full pay period immediately preceding 15 days before the election, including those who did not work during such period because of illness, vacation or authorized leaves of absence and who are employed by the city in the same unit on the date of the election. The city representatives shall upon written request of any employee organization to be involved in such election, consult with said employee organization with respect to the procedures for conducting such election and shall allow any such employee organization to maintain an observer at the balloting site or sites upon specific request of said employee organization. An employee organization shall be granted formal recognition following an election or run-off election if it receives more than 50% of all valid votes cast by eligible voters When none of the choices receives a majority of the valid votes cast in an election involving three or more choices, a run-off 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 run-off election.

6. There shall be no more than one valid election in a 12-month period within the same unit.

• C. Decertification of Established Unit.

1. A petition for 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 city only during the months of October through December of each year following the first full year of formal recognition (e.g., for an employee organization granted formal recognition between December 1 , 2002 and September 30, 2003, a petition for decertification may not be filed until October 1, 2003). The petition for decertification may be filed by an employee, a group of employees or their representative, or an employee organization. The petition, including all accompanying documents, shall be verified under oath by the person

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.53.090

§ 2.53.090

signing it that its contents are true. It may be accompanied by a petition for recognition by a challenging organization. The petition for decertification shall contain the following information:

• a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information;

• b. The name of the formally recognized employee organization;

• c. An allegation that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts; and

• d. Written proof that at least 30% of the employees in the unit do not desire to be represented by the formally recognized employee organization. Such written proof shall be dated within six months of the date upon which the petition is filed and shall be submitted for confirmation to the city or to a mutually agreed upon disinterested third party.

2. The city shall arrange for a secret ballot election to determine if the formally recognized employee organization shall retain recognition. The formally recognized employee organization shall be decertified if a numerical majority of all the employees eligible to vote in the unit in question vote for decertification.

3. There shall be no more than one valid decertification election in the same unit in any 12 month period.

• D. Duration of Formal Recognition. When an employee organization has been formally recognized, as provided herein, such recognition shall remain in effect for one year from the date thereof and thereafter until such time as the city 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. While formal recognition is in effect, the city will provide to formally recognized organizations in the units that each such organization represents the names and working units of all employees hired and the names of all employees whose employment is terminated. Such lists will be supplied to the appropriate organization by the 15th of the month following the hire or termination.

• E. Cost of Election Proceedings. The cost of any election proceeding shall be borne by the employee organization or organizations whose name(s) appear on the ballot. Prior to any such election proceeding the employee organization or organizations whose name(s) appear on the ballot shall make arrangements acceptable to the city for payment of the cost of said election proceedings. The city may permit the employee organization to use city facilities and supplies to distribute information to its members.

• F. Impasses in Representation Proceedings. Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the city made pursuant to subsections (A), (B), (C) or (D) of this section shall be processed in accordance with the procedures set forth in Section 2.53.130 of this chapter, provided, however, the written request for an impasse meeting, as described in Section 2.53.130, must be filed with the administrator within seven calendar days after the affected employee organization first received notice of the decision upon which its complaint is based, or its complaint will be

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA § 2.53.090

PALM DESERT CODE

§ 2.53.100

considered closed and not subject to the impasse procedures or to any other appeal.

• G. Informal Recognition—Having The Right to Consult in Good Faith. An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the Administrator containing the following information and documentation:

  1. All of the information enumerated in subsections (B)(1)(a) through (B)(1)(j) inclusive, and as required by subsection (B)(1)(l) of this section.

  2. A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed to establish that employees have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to the administrator or to a mutually agreed upon disinterested third party.

  3. A request that the city recognize the employee organization for the purpose of consultation in good faith.

• H. Granting of Recognition. The city shall grant recognition, in writing, to all employee organizations that have complied with either subsection (B) or subsection (G) of this section for purposes of consultation in good faith for the organizations employee members. An employee organization seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the city that it represents a majority of the employees in the manner prescribed in subsection (B)(4) or (B)(5) of this section. No employee may be represented by more than one recognized employee organization for the purpose of meeting and conferring with the city representatives.

• (Ord. 1042 § 9, 2003)

• A. The city, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such employees. The following factors, among others, shall be considered in making such determination:

  1. Which unit will assure employees the fullest freedom in the exercise of rights set forth in this chapter;

  2. The history of employee relations: (i) in the unit; (ii) among other employees of the city; and (iii) in similar public employment;

  3. The effect of the unit on the efficient operation of the city and sound employeremployee relations;

  4. The extent to which employees have common skills, working conditions, job duties or similar educational requirements; and

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

No unit shall be established solely on the basis of the extent to which employees in

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.53.100

§ 2.53.130

the proposed unit have organized.

• B. In the establishment of appropriate units:

  1. Professional employees shall not be denied the right to be represented separately from nonprofessional employees. (Note: there is at least one case that says each profession is entitled to its own bargaining unit if it desires.);

  2. Management and confidential employees shall not represent any employee organization on matters within the scope of representation when such employee organization represents other employees of the city; and

3. Management and confidential employees shall not be included for purposes of representation in the same units as non-management and non-confidential employees.

(Ord. 1042 § 10, 2003)

The city manager, and/or his or her designee shall be the city's principal representatives in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment.

(Ord. 1042 § 11, 2003)

• A. The city shall allow a reasonable number of employee representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the city on matters within the scope of representation. Where circumstances warrant, the city representatives may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the city representatives at least two working days in advance of such meetings, provided that:

  1. No employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized city management official; and

  2. Any such meeting is subject to scheduling by city management and the employee organization in a manner consistent with operating requirements and work schedules.

• B. Nothing provided herein shall limit or restrict city management and employee organizations from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.

• (Ord. 1042 § 12, 2003)

• A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted.

• B. The impasse procedures that may be invoked to resolve the impasse include the following:

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

PALM DESERT CODE

§ 2.53.130

§ 2.53.150

1. Mediation (or conciliation) as defined in Section 2.53.030. All mediation proceedings shall be conducted confidentially. The mediator shall make no public recommendations nor take any public position concerning the issues;

2. Determination by the city council after a hearing on the merits of the dispute; and

3. Any other dispute resolving procedures to which the parties mutually agree or which the city may order.

• C. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting may then be scheduled by the city's representatives within a reasonable time after the date of filing of the written request for such meeting with written notice to all parties affected. The purpose of such impasse meeting is twofold:

  1. To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and

  2. If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted.

• D. In the event the parties select mediation, a mediator shall be selected who is mutually agreeable to the parties, provided that if the parties cannot agree upon the choice of mediator, a list of seven impartial mediators shall be obtained from the California State Mediation and Conciliation Service, and each party shall alternatively strike one name from the list until only one name remains, the first party to strike having been chosen by lot. In the absence of agreement between the parties on the impasse procedure to follow, the matter may be referred to the Public Employment Relations Board.

• E. The fees and expenses, if any, of mediation or of any other impasse procedure, shall be payable onehalf by the city and one-half by the employee organization or employee organizations.

• (Ord. 1042 § 13, 2003)

• A. When the meeting and conferring process is concluded between the city representatives and a formally recognized employee organization representing a majority of the employees in an appropriate unit, all agreedupon matters shall be incorporated in a written memorandum of understanding, which shall be advisory to the city council, signed by the city manager and the majority representatives.

• B. The memorandum of understanding shall be submitted to the city council for final determination and adoption.

• (Ord. 1042 § 14, 2003)

• A. Only a formally recognized employee organization (i.e., the majority representative of employees in an appropriate unit) may be granted permission by the city to have the regular dues or other authorized employee organization charges of its members deducted from their

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.53.150

§ 2.53.160

paychecks, in accordance with procedures prescribed by the city.

• B. Dues deduction shall be for a specified amount and shall be made only upon the voluntary written authorization of the member. Dues deduction authorization may be canceled and the dues check-off payroll discontinued at any time by the member upon voluntary written notice to the city. Dues deduction authorization or cancellation shall be made available upon forms developed by the city and the recognized employee organization and provided by the city. Dues deduction may be continued only upon voluntary written authorization of the member.

• C. Should any employee choose not to join the majority representative employee organization and therefore not render periodic dues and charges, the employee may be required to render an agency fee as delineated in Sections 1157.7, 3502.5 and 3508.5 of the Government Code of the State of California, if required by the terms of a memorandum of understanding between the city and the majority representative. Terms requiring an agency shop may be agreed upon only when a secret ballot election held separately for each represented group confirms that a majority of the represented employees voting agrees to an agency shop. Such election will be held by a process supervised by a neutral third party such as the California State Mediation and Conciliation Service. There shall be no more than one valid agency shop election in the same unit in any 12 month period. An agency shop arrangement shall not apply to managerial, confidential or supervisory employees.

• D. The employees earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of any dues check-off authorized. When a member in good standing of the formally recognized employee organization is in a nonpaid status for an entire pay period, no dues withholding shall be made to cover that pay period from future earnings nor shall the member deposit the amount with the city which would have been withheld if the member had been in paid status during that period. If an employee is in a non-paid status during only a part of the pay period but the earnings are not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions shall have priority over employee organization dues.

• E. Dues or other charges withheld by the city shall be transmitted to the officer or organization designated in writing by the employee organization as the person or organization authorized to receive such funds, at the address specified.

• F. All employee organizations who receive dues check-off shall indemnify, defend, and hold the city and its officers and employees harmless against any claims made and against any suit instituted against the city on account of check-off of employee organization dues, including but not limited to all costs of defending against any such claims or suits. In addition, all such employee organizations shall refund to the city any amounts paid to them in error upon presentation of supporting documentation or other evidence.

• (Ord. 1042 § 15, 2003)

Reasonable access to employee work locations shall be granted officers of the recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. The officers or representatives shall not enter any work locations without proper notification to the designated representative of the city access shall be restricted

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

PALM DESERT CODE

§ 2.53.160

§ 2.53.190

so as not to unduly interfere with the normal operations of the city or with established safety or security requirements.

(Ord. 1042 § 16, 2003)

Recognized employee organizations may use designated portions of city bulletin boards under the same procedures applicable to the posting of other business-related items at the city of Palm Desert.

(Ord. 1042 § 17, 2003)

• A. The city shall make available to employee organizations 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 this chapter and Government Code Sections 6250—6260.

• B. Such information shall be made available during regular office hours in accordance with the city's rules and procedures for making public records available and after payment of reasonable costs.

• C. Information that shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source.

• D. Nothing in this rule shall be construed to require disclosure of records that are:

  1. Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;

  2. Working papers or memoranda that are not retained in the ordinary course of business or any records when the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; or

  3. Records pertaining to pending litigation to which the city is a party, or to claims or appeals that have not been settled.

• E. Nothing in this rule shall be construed to require the city to do research for an inquirer or to do programming or to assemble data in a manner or to an extent other than usually done by the city.

• (Ord. 1042 § 18, 2003)

• A. It is the policy of the city to promote employer-employee relations, maintain full communication between the city and its employees and recognize the right of employees to join organizations of their own choice and be represented by recognized employee organizations, as provided herein.

• B. It is also the policy of the city that all services, operation of facilities and functions of the city shall be performed in a peaceful, orderly, expeditious and lawful manner. Significant

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.53.190

§ 2.53.220

disruption of the services provided by the city could create a substantial and imminent threat to the health or safety of the public located in the city of Palm Desert.

• C. Consistent with applicable law, any employee who encourages, causes or participates in any strike, walkout, stoppage, retarding of work, concerted failure to report for work, or any other interference with conduct of the city's operations that creates a substantial and imminent threat to public health and safety, shall be subject to immediate disciplinary action, up to and including discharge.

• D. In addition to the above provision prohibiting actions creating a substantial and imminent threat to public health and safety, no employee or employee organization shall engage in any strike, picketing, or other concerted refusal to work without not less than ten days prior to such action, notifying the city and the California State Mediation and Conciliation Service (SMCS) in writing of that intention. The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties.

• (Ord. 1042 § 19, 2003)

• A. Nothing in this chapter shall be construed to deny any person or employee the rights granted by federal and State laws.

• B. The rights, powers, duties and authority of the city in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter.

• C. The provisions of this chapter are not intended to conflict with, but rather to carry out, the provisions of Chapter 10, Division 4, Title I of the Government Code of the State of California (Sections 3500, et seq.).

• (Ord. 1042 § 20, 2003)

This chapter shall be subject to amendment by ordinance passed at stated meetings of the city council, or upon previous notice of the intention to so amend said chapter, at a special meeting called for such purpose and after consultation in good faith as required by Section 3507 of the Government Code of the State of California.

(Ord. 1042 § 21, 2003)

If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(Ord. 1042 § 22, 2003)

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.56.010

§ 2.56.020