Article 1 — GENERALLY

A.

This chapter implements Government Code § 3500 et seq., entitled "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations.

B.

It is the purpose of this chapter to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units, which are not preempted by federal or state law. Nothing in this chapter shall be construed to restrict any legal, inherent or exclusive city rights respecting matters of general legislative or managerial policy, which include among others:

To determine the mission of its constituent departments, commissions and boards;

To set standards of service;

To determine the procedures and standards of selection for employment;

To direct its employees;

To take disciplinary action;

To relieve its employees from duty because of lack of work or for other lawful reasons;

To maintain the efficiency of governmental operations;

To determine the methods, means and personnel by which government operations are to be conducted;

To take all necessary actions to carry out its mission in emergencies; and

To exercise complete control and discretion over its organization and the technology of performing its work.

C.

It is understood that there are situations in which it is appropriate to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process. This consultation process does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement, nor is it subject to Article 4 of this chapter.

(Ord. 97-4 §1(part), 1997).

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Appropriate unit" means a unit of employee classes or positions.

"Confidential employee" means an employee who, in the course of his or her usual duties, has regular access to information relating to the city's administration of employer-employee relations.

"Employee relations officer" means the city manager or the manager's duly authorized representative.

"Exclusively recognized employee organization" means an employee organization which has been formally acknowledged by the city as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article 2 of this chapter, and thereby assuming the corresponding obligation of fairly representing such employees.

"Impasse" means that the representatives of the city and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.

"Management employee" means an employee having responsibility for formulating, administering or managing the implementation of city policies and programs.

"Proof of employee support" means:

An authorization card recently signed and personally dated by an employee;

A verified authorization petition or petitions recently signed and personally dated by an employee; or

Employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed under this chapter, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support under this chapter shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty days prior to the filing of a petition.

"Supervisory employee" means any employee having authority, in the interest of the city, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(Ord. 97-4 §1(part), 1997).