Pomona Municipal Code § 2-283 Open period for filing challenging petition

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State Law reference— Collective bargaining, Government Code § 3500 et seq.; local ordinances on collective bargaining authorized, Government Code § 3507.

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

City representative means the city manager or his representative designated to meet and confer with the exclusively recognized employee organizations on behalf of the city council in connection with wages, hours and other terms and conditions of employment.

Consult/consultation in good faith means to communicate orally or in writing with all affected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a memorandum of understanding, nor is it subject to article III of this chapter.

Employee means any employee in a regular position of the city, except elected officers.

Employee, confidential means any employee whose duties would give the employee access to decisions concerning city employer-employee relations, or who enters into the decision-making process of the city concerning any matter relating to employer-employee relations. For the purpose of this subsection, personnel in the city manager's office, city attorney's office, and the human resources office are considered to be in this category.

Employee representative means the authorized representative or representatives of an exclusively recognized employee organization.

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 section 2-281, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.

Impasse means that the representatives of the city and an exclusively 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.

Mediation and conciliation means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between the city and an exclusively recognized employee organization.

Meet and confer in good faith means that the city representative and the exclusive employee organization representative shall have the mutual obligation personally to meet and confer within a reasonable period of time in order to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation.

Professional employees means as defined in Government Code § 3507.3, to wit: "Employees 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 types of physical, chemical and biological scientists."

Registered employee organization means an employee organization which has merely filed its name with the city clerk giving notice that some city employees belong to it, and in fact some city employees do belong to such employee organization.

Regular position means a position into which an employee obtains regular status after successfully completing a probationary period.

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 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.

(Code 1959, § 7.5-2; Ord. No. 2483, § 1 (part); Ord. No. 2877, § 1; Ord. No. 3993, § 2, 7-21-2003)

Cross reference— Definitions generally, § 1-2.

The purpose and intent of this division is to carry out the spirit and intent of chapter 10, division 4, title 1, of the California Government Code (Government Code § 3500 et seq.), known as the Meyers-Milias-Brown Act, and implement and supplement it in order to promote full communication between the city as a public employer and its employees by providing reasonable methods of resolving possible disputes regarding wages, hours, and other terms and conditions of employment should they arise. This division is intended to strengthen the merit system service and other methods of administering fair employer-employee relations through the establishment of a uniform and orderly method of communication between the employees and the city. As a means for accomplishing these purposes, this division provides for the method by which the city shall recognize employee organizations and meet and confer with them in good faith as required by Government Code § 3505. It is also the purpose of this division to promote the improvement of personnel management and employer-employee relations within the city by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and to be represented by such organizations in their employment relationships with the city.

(Code 1959, § 7.5-1; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 1, 7-21-2003)

The city shall have the exclusive right over any consideration of the merits, necessity or organization of any service or activity provided by the city. In such connection, the city shall have the exclusive right to determine the mission of each of its departments, commissions, boards and agencies, set standards and levels of service to be performed, determine the procedures and standards of selection for employment, direct its employees, exercise control and discretion over its organization and operations, and determine the methods, means, technology and personnel by which the city's operations are to be conducted, and the levels of service met, take disciplinary action for just cause, relieve employees from work for just cause; and subcontract work; provided, however, that prior to the exercise of such rights the city shall meet and confer with the employee and their representatives on the impact of decisions on wages, hours, and other terms and conditions of employment.

(Code 1959, § 7.5-3; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 3, 7-21-2003)

City employees shall have the right, unless otherwise provided by the legislature, to form, join and participate in the activities of employee organizations and shall have the right to represent themselves individually in their employee relations with the city, all as provided for in Government Code § 3502.

(Code 1959, § 7.5-4; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 4, 7-21-2003)

(a) In order to be exclusively recognized, for the purposes of this division, an employee organization must represent a majority of the employees in an employee unit.

(b) Four separate and distinct units exist among the city employees and they are acknowledged as the exclusively recognized employee organizations as follows:

(1) All sworn police department employees, of the rank of sergeant or below.

(2) All sworn police management employees at the rank of police captain and police lieutenant.

(3) All general services employees in regular positions of the city.

(4) All group "C" and group "D" (mid-management/confidential) as established by city council resolution.

(c) Notwithstanding the employee units established by this chapter, professional employees shall not be denied the right to be represented separately from those employees not designated professional. The determination of the appropriate employee unit for such professional employees shall be decided by the city representative at the time and in the event any professional employee organization should seek recognition to represent any such professional employees or any portion of them separately from other city employees.

(Code 1959, § 7.5-5; Ord. No. 2483, § 1 (part); Ord. No. 2759, § 1; Ord. No. 2781, § 1; Ord. No. 2782, § 1; Ord. No. 2877, § 2; Ord. No. 3020, § 1; Ord. No. 3027, § 2; Ord. No. 3048, §§ 1—4; Ord. No. 3054, § 2; Ord. No. 3074, § 2; Ord. No. 3892, § 1; Ord. No. 3993, § 5, 7-21-2003)

Any employee organization representing employees which seeks recognition as the majority representative of the employees in one of the acknowledged employee units must file with the city council a petition containing the following information before it will be eligible to be considered for recognition:

(1) Name and address of the employee organization.

(2) Name and title of its officers.

(3) Name of authorized employee representatives and explanation of their authority and responsibility.

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

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

(6) A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.

(7) The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

(8) A copy of the employee organization's articles of incorporation, and its bylaws; and, if not incorporated, a copy of comparable documents by which it is established and is governed. Such documents shall contain a statement that the employee organization has as one of its primary purposes, representation of employees in their employment relations with the city.

(9) A statement that the employee organization has in its possession proof of employees support as herein defined to establish that a majority 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. Such written proof shall be submitted for confirmation to the city manager, assistant city manager and/or human resources/risk management director or to a mutually agreed upon disinterested third party.

(10) A request that the city manager, assistant city manager and/or human resources/risk management director formally acknowledge the petitioner as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

(11) Employees shall be given a reasonable opportunity to vote in such election and be excused from their duties for a reasonable time upon a schedule approved by their supervisor if such election is conducted during regular working hours of such employees.

(Code 1959, § 7.5-6; Ord. No. 2483, § 1 (part); Ord. No. 3892, § 2; Ord. No. 3993, § 6, 7-21-2003)

Upon receipt of the petition, the city manager, assistant city manager and/or human resources/risk management director shall determine whether:

(1) There has been compliance with the requirements of the recognition petition, and

(2) The proposed representation unit is an appropriate unit in accordance with section 2-286.

If an affirmative determination is made by the city manager, assistant city manager and/or human resources/risk management director on the foregoing two matters, he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on such request for 30 days thereafter. If either of the foregoing matters are not affirmatively determined, the city manager, assistant city manager and/or human resources/risk management director shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such determination in accordance with section 2-289.

(Ord. No. 3993, § 7(7.5-7), 7-21-2003)

Within 30 days of the date written notice was given to an affected employee organization that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file for a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least the majority and otherwise in the same form and manner as set forth in section 2-281. If such challenging petition seeks establishment of an overlapping unit, the city manager, assistant city manager and/or human resources/risk management director shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the city manager, assistant city manager and/or human resources/risk management director shall determine the appropriate unit or units in accordance with the standards in section 2-286. The petitioning employee organizations shall have 15 days from the date notice of such unit determination is communicated to them by the city representative to amend their petitions to conform to such determination or to appeal such determination pursuant to section 2-289.

(Ord. No. 3993, § 7(7.5-8), 7-21-2003)

(a) The city manager, assistant city manager and/or human resources/risk management director shall arrange for a secret ballot election to be conducted by a party agreed to by the city manager, assistant city manager and/or human resources/risk management director and the concerned employee organization, in accordance with such party's rules and procedures subject to the provisions of this section. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this resolution shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the city. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least 15 days before the date the election commences, including those who did not work during such period because of illness, vacation, or other authorized leaves of absence, and who are employed by the city in the same unit on the date of the election. An employee organization shall be formally acknowledged as the exclusively recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, 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 being applicable to a run-off election. There shall be no more than one valid election under this section pursuant to any petition in a 12-month period affecting the same unit.

(b) In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the state mediation and conciliation service.

(c) Costs of conducting elections shall be borne in equal shares by the city and by each employee organization appearing on the ballot.

(Ord. No. 3993, § 7(7.5-9), 7-21-2003)

A decertification petition alleging that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the city manager, assistant city manager and/or human resources/risk management director only during a 30-day period commencing 180 days and ending 150 days prior to the termination date of a memorandum of understanding then in effect. A decertification petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:

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

(2) The name of the established appropriate unit and of the incumbent exclusively recognized employee organization sought to be decertified as a representative of that unit.

(3) An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.

(4) Proof of employee support that at least 40 percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent exclusively recognized employee organization. Such proof shall be submitted for confirmation to the human resources/risk management director within the time limits specified in this section and all signatures on a decertification petition shall indicate the date when signed by the employees. All signatures on the petition shall be obtained within a 30-day period prior to filing the decertification petition with the human resources/risk management director.

(Ord. No. 3993, § 7(7.5-10), 7-21-2003)

(a) The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on the efficient operations of the city and its compatibility with the primary responsibility of the city and its employees to effectively and economically serve the public, and providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:

(1) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.

(2) History of representation in the city and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.

(3) Consistency with the organizational patterns of the city.

(4) Effect of differing legally mandated impasse resolution procedures.

(5) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.

(6) Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units.

(b) Notwithstanding the foregoing provisions of this section, managerial, supervisory and confidential responsibilities, as defined in section 2-276 are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively.

(c) Peace officers may be required to be represented in separate units composed solely of such peace officers. These units shall not be represented by an organization that, directly or indirectly, is subordinate to any other employee organization which includes nonpeace officers.

(d) The city manager, assistant city manager and/or human resources/risk management director shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete modified classifications or positions from units in accordance with the provisions of this section. The decision of the city manager, assistant city manager and/or human resources/risk management director shall be final.

(Ord. No. 3993, § 7(7.5-11), 7-21-2003)

(a) Requests by employee organizations for modifications of established appropriate units may be considered by the city manager, assistant city manager and/or human resources/risk management director only during the period specified in section 2-285. Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in section 2-281, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in section 2-286. The city manager, assistant city manager and/or human resources/risk management director shall process such petitions as other recognition petitions.

(b) The city manager, assistant city manager and/or human resources/risk management director may by his/her own motion propose that an established unit be modified. The city manager, assistant city manager and/or human resources/risk management director shall give written notice of the proposed modification to any affected employee organization and shall hold a meeting concerning the proposed modification, at which time all affected employee organizations shall be heard. Thereafter the city manager, assistant city manager and/or human resources/risk management director shall determine the composition of the appropriate unit or units in accordance with section 2-286 and shall give written notice of such determination to the affected employee organizations. The city manager, assistant city manager and/or human resources/risk management director determination may be appealed as provided in section 2-289. If a unit is modified pursuant to the motion of the city manager, assistant city manager and/or human resources/risk management director, employee organizations may thereafter file recognition petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units.

(Ord. No. 3993, § 7(7.5-12), 7-21-2003)

An employee organization may file a request to become the exclusively recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a large established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in section 2-287 for modification requests.

(Ord. No. 3993, § 7(7.5-13), 7-21-2003)

(a) An employee organization aggrieved by an appropriate unit determination of the city manager, assistant city manager and/or human resources/risk management director; or an employee organization aggrieved by determination of the city manager, assistant city manager and/or human resources/risk management director that a recognition petition (section 2-281), challenging petition (section 2-283), decertification petition (section 2-285), unit modification petition (2-287) or employees aggrieved by a determination of the city manager, assistant city manager and/or human resources/risk management director that a decertification petition (section 2-285) has not been filed in compliance with the applicable provisions of this section, may, within ten days of notice of the city manager, assistant city manager and/or human resources/risk management director's final decision, appeal such determination to the city council for final decision within 15 days notice of the city manager, assistant city manager and/or human resources/risk management director determination.

(b) Appeals to the city council shall be filed in writing with the city clerk, and a copy thereof served on the city manager, assistant city manager and/or human resources/risk management director. The city council shall commence to consider the matter within 30 days of the filing of the appeal. The city council may, in its discretion, refer the dispute to a third party hearing process for a recommended decision. Any decision of the city council on the use of such procedures, and/or any decision of the city council determining the substances of the dispute shall be final and binding.

(Ord. No. 3993, § 7(7.5-14), 7-21-2003)

All changes in the information filed with the city by an exclusively recognized employee organization under subsections 2-281(1) through (11) shall be submitted in writing to the city manager, assistant city manager and/or human resources/risk management director within 14 days of such change.

(Ord. No. 3993, § 7(7.5-15), 7-21-2003)

The city shall give reasonable notice to all exclusively recognized employee organizations of any proposed ordinance, rule or regulation concerning employees, prior to their official adoption.

(Code 1959, § 7.5-7; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 8, 7-21-2003)

State Law reference— Notice to affected employee organizations of ordinance, etc., Government Code § 3504.5.

The city manager, assistant city manager and/or human resources/risk management director and the representative of exclusively recognized employee organizations shall meet and confer in good faith within a reasonable time, on all matters requested by such recognized employee organizations relating to wages, hours, and other terms and conditions of employment. Normally, the meeting and conferring process on an annual basis shall commence on or about February 15 unless the parties agree to commence at a different date or unusual conditions make commencement on this date impractical.

(Code 1959, § 7.5-8; Ord. No. 2483, § 1 (part); Ord. No. 2734, § 1; Ord. No. 3993, § 9, 7-21-2003)

If, after the city manager, assistant city manager and/or human resources/risk management director and the representatives of the exclusively recognized employee organization have met and conferred, they reach an agreement, such agreement shall be reduced to writing and be signed by all such representatives and shall be designated a memorandum of understanding. Such memorandum of understanding shall be presented to the city council, which at its sole discretion it may or may not ratify as it deems proper, and in the best interest of both the city and the employees. If it ratifies such memorandum of understanding, it shall then proceed to adopt the necessary resolutions or ordinances to implement it.

(Code 1959, § 7.5-9; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 10, 7-21-2003)

State Law reference— Memoranda of understanding, Government Code § 3505.1.

(a) If after a reasonable period of time, representatives of the city and the recognized employee organization fail to reach agreement, the city and the recognized employee organization or recognized employee organizations together shall agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation shall be divided one-half to the city and one-half to the recognized employee organization or recognized employee organizations. (Compare Government Code § 3505.2, permissive mediation process.)

(b) Impasse procedures shall be in accordance with the provisions set forth in the California Government Code Chapter 10, §§ 3505.4, 3505.5 and 3505.7.

(Code 1959, § 7.5-10; Ord. No. 2483, § 1 (part); Ord. No. 3933, § 11, 7-21-2003; Ord. No. 4156, § 1, 4-2-2012; Ord. No. 4157, § 1, 4-16-2012)

Reasonable time off without loss of pay or other benefits shall be given to duly authorized representatives of exclusively recognized employee organizations for the purpose of meeting and conferring with the city's representative and for participation in applicable impasse procedures.

(Code 1959, § 7.5-11; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 12, 7-21-2003)

State Law reference— Similar provisions, Government Code § 3505.3.

(a) Nonconfidential information. The city shall make available to exclusively recognized employee organizations during reasonable working hours, based upon reasonable requests, nonconfidential information pertaining to employment relations as contained in the public records of the city, subject to the limitations and conditions set forth in this Code and by law.

(b) Confidential information. Subsection (a) of this section shall not be construed as requiring disclosure of any matter forbidden by this Code to be disclosed on account of its confidential nature. Such confidential information includes matters such as personnel, medical, and similar records, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to the merit system; criminal investigation reports; working papers or memoranda which are not retained in the ordinary course of business or which are in a state of actual preparation so that they cannot be reviewed without interfering with their preparation or where the public interest is served by not making the record available clearly outweighs the public interest served by disclosure of the records; and records pertaining to litigation in progress or litigation which is pending to which the city is a party or to claims or appeals that have not been settled.

(c) Limitation on city's responsibility. Nothing in this section shall be construed as requiring the city to do research for an inquirer or to do programming or assemble data in a manner other than that which is usually done by the city for the public generally.

(Code 1959, § 7.5-12; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 13, 7-21-2003)

Reasonable access to employee work locations shall be granted officers of exclusively recognized employee organizations and their officially designated representatives for the purpose of processing grievances of their members in connection with the scope of the organizations' representation. Access shall be restricted so as to not interfere with the normal operations of the department or with established safety or security requirements.

(Code 1959, § 7.5-13; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 14, 7-21-2003)

Exclusively recognized employee organizations shall be permitted reasonable use of city facilities for meetings with city employees, as long as such meetings do not interfere with city services.

(Code 1959, § 7.5-14; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 15, 7-21-2003)

Exclusively recognized employee organizations may use city bulletin boards for matters within the scope of representation of their members in such a manner as not to interfere with other official use of such bulletin boards.

(Code 1959, § 7.5-15; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 16, 7-21-2003)

(a) Nothing in this division shall be construed to deny any person or employee the rights granted by federal and state laws.

(b) The rights, powers, and authority of the city council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this division.

(c) The enactment of this division shall not be construed as making the provisions of Labor Code § 923 applicable to employees of the city.

(d) This division is not intended to conflict with the provisions of Chapter 10, Division 4, Title 1, of the Government Code (Government Code § 3500 et seq.).

(Code 1959, § 7.5-16; Ord. No. 2483, § 1 (part); Ord. No. 3993, § 17, 7-21-2003)

State Law reference— Similar provisions, Government Code § 3510.

(a) It shall be an unfair employee relations practice for management to:

(1) Interfere with, retaliate against, restrain, discourage, intimidate, or coerce employees in the exercise of their rights granted in this article;

(2) Attempt to dominate or control any employee organization;

(3) Fail or refuse to meet and confer in good faith;

(4) Fail or refuse to cooperate in impasse procedures involved under the provisions of this article.

(b) It shall be an unfair employee relations practice for employees, employee organizations, or their representatives to:

(1) Interfere with, restrain, or coerce employees in the exercise of their rights granted in this aricle;

(2) Fail or refuse to meet and confer in good faith;

(3) Fail or refuse to cooperate in impasse procedures involved under the provisions of this article.

(c) Claims of unfair employee relations practices under this section may be made by an employee organization, or by a management representative. The city in accordance with section 2-289 shall process such claims.

(Ord. No. 3993, § 18, 7-21-2003)