Article IV — ADMINISTRATION — San Leandro Municipal Code

Section 400. CITY MANAGER: APPOINTMENT.

The Council shall adopt a City Manager, who:

(a) shall serve at the pleasure of the Council;

(b) shall be the chief administrative officer of the City;

(d) shall be paid at a salary fixed by the Council commensurate with the responsibilities of the
position;

(e) shall not have served on the Council within a period of one year immediately preceding the
date of appointment.

During a period of ninety days immediately following the date of installation of any person
newly elected to the Council at a regular or special municipal election or of any person newly
appointed to the Council, the Council shall take no action, whether immediate or prospective, to
remove, suspend, request the resignation of, or reduce the salary of, the City Manager.

Section 405. CITY MANAGER: POWERS AND DUTIES.

The City Manager shall be responsible to the Council for the proper administration of all affairs
of the City, and:

(a) shall appoint, remove and discipline all administrative officers of the City, except as
otherwise provided by or pursuant to this Charter;

(b) shall approve, modify or disapprove all recommendations for appointment of, removal of,
and disciplinary actions to be taken against, employees by administrative officers of the
City, except as otherwise provided by or pursuant to this Charter;

(c) shall, annually, prepare and submit to the Council a proposed budget for the ensuing fiscal
year, and properly administer the budget as adopted by the Council;

(d) shall keep the Council advised of the financial condition and future needs of the City, and
make such recommendations to the Council concerning the affairs of the City as are
deemed necessary or desirable;

(e) shall provide for enforcement of all laws and regulations which the City is required to
administer;

(f) shall engage in no incompatible business or occupation;

(g) shall perform such other duties consistent with this Charter as may be required by the
Council.

Section 410. CITY MANAGER: MEETINGS.

The City Manager:

(a) shall be accorded a seat at the Council table and at all meetings of boards and commissions;

(b) shall be entitled to participate in the deliberations of the Council, boards and commissions,
but shall not have a vote;

Section 415. CITY MANAGER: ASSISTANTS; ACTING CITY MANAGER.

The City Manager shall appoint:

(a) professional assistants to positions authorized by the Council for the proper administration of the City Manager's office. Such assistants:

(1) shall serve at the pleasure of the City Manager;

(2) shall exercise such powers and perform such duties of the City Manager as are
specified by the City Manager;

(b) subject to the approval of the City Council, an administrative officer of the City to serve as
Acting City Manager during any temporary absence or temporary disability of the City
Manager. The Acting City Manager shall exercise all the powers and perform all the duties
of the City Manager.

Section 420. DEPARTMENTS AND DIVISIONS.

The Council by ordinance shall create, reorganize and abolish departments and divisions thereof
as necessary for the proper administration of the City's business. The City Manager shall appoint
an administrative officer to head each department. Such department heads shall serve at the
pleasure of the City Manager. The City Manager also may appoint an administrative officer
of the City to serve as a deputy for the purpose of performing any legally required act of a
department head.

Section 425. CITY ATTORNEY: APPOINTMENT; POWERS AND DUTIES.

The Council shall appoint a City Attorney, who:

(a) shall serve at the pleasure of the Council;

(b) shall be the chief legal officer of the City;

(d) shall recommend to the Council proposals for additions to, deletions from, and amendments
of this Charter as are deemed necessary or desirable.

Section 430. CITY ATTORNEY: ASSISTANTS; ACTING CITY ATTORNEY.

The Council, upon recommendation of the City Attorney, shall appoint:

(a) professional assistants to positions authorized by the Council for the proper administration
of the City Attorney's office. Such assistants:

(1) shall serve at the pleasure of the Council;

(2) shall exercise such powers and perform such duties of the City Attorney as are
specified by the City Attorney;

(b) a professional assistant to serve as Acting City Attorney during any temporary absence or
temporary disability of the City Attorney. The Acting City Attorney shall exercise all the
powers and perform all the duties of the City Attorney.

Section 435. CITY CLERK.

(a) The Council shall appoint a City Clerk, who shall serve at the pleasure of the Council, and
shall perform such duties consistent with this Charter as may be required by the Council.

(b) The Council by ordinance may consolidate the office and functions of the City Clerk with that of the City Manager.

Section 440. FIDELITY BONDS.

The Council shall determine the need for and the amounts of fidelity bonds for the officers and
employees.

Bond premiums shall be paid by the City.

Section 445. PUBLIC EMPLOYEES RETIREMENT SYSTEM.

The City shall remain a contracting agency under the provisions of the Public Employees'
Retirement Law until this section is repealed in the manner authorized by law.

Section 450. BINDING ARBITRATION.

(a) Declaration of Policy. It is the policy of the City of San Leandro that strikes by its
firefighters and police officers pose an imminent threat to public health and safety and
should be prohibited, and that alternate methods should be adopted for peacefully and
equitably resolving disputes that might otherwise lead to such strikes.

(b) Prohibition Against Strikes. No City police officer or firefighter employee, employee
union, association or organization shall strike, slow down, sickout or engage in such
concerted economic activity against the City. Disputes unresolved by negotiations shall be
resolved by the procedure set forth herein. Any such employee who fails to report for work
without good cause during negotiations or who aids, abets or encourages strikes, slow
downs or sickouts against the City during such time shall be subject to disciplinary action,
including, but not limited to, termination from City employment, subject to the provisions
of this Charter, the City's Personnel Rules and Regulations and lawful procedures.

(c) Obligation to Negotiate in Good Faith. The City, through its duly authorized
representatives, shall negotiate in good faith with recognized fire and police employee
organizations on wages, hours, and other terms and conditions of employment, including
procedures for the resolution of grievances submitted by the employee organization over
the interpretation or application of any negotiated agreement, including provisions for
binding arbitration of grievances. Unless and until agreement is reached through
negotiations between the City and the recognized employee organization or a determination
is made through the arbitration procedure hereinafter provided, no existing benefit or
condition of employment for those employees shall be eliminated or changed.

(d) Both parties shall exchange their written demands at least 180 calendar days before the expiration of the then current agreement or arbitration award. Collective negotiations shall commence at least 150 calendar days before the expiration of the then current agreement or arbitration award.

(e) Agreements reached between City representatives and the representatives of the recognized
employee organizations shall be submitted in writing to the City Council for its approval,
modification, or rejection. All phases of negotiations, mediation and arbitration including
the final binding decision of the mediator/arbitrator shall be completed at least 25 calendar
days before the expiration of the then current agreement or arbitration award.

(f) Both parties shall select and schedule a person to act as both mediator and arbitrator
(hereafter "arbitrator") at least 200 calendar days before the expiration of the then current
agreement or arbitration award. If they are unable to agree upon an arbitrator, they shall
select such person from a list of seven names to be provided by an impartial third-party
arbitration service mutually acceptable to the parties. The parties shall provide the
arbitration service with sufficient notice to insure receipt of the list at least 190 calendar
days before the expiration of the then current agreement or arbitration award. If at least 180
calendar days before the expiration of the then current agreement or arbitration award the
parties still cannot agree upon an arbitrator, they shall immediately alternately strike names
from the list, the choice of the first strike to be determined by lot. The last remaining
unstruck name shall be selected and scheduled as arbitrator.

(g) If 90 calendar days before the expiration of the current agreement or arbitration award no
agreement can be reached, or if the City Council refuses to ratify the agreement arrived at
or modifies such agreement in any manner unacceptable to the employee organization, the
parties shall commence mediation.

(h) If no agreement between the parties has been reached within 14 calendar days after the start of mediation, the arbitrator shall thereupon commence arbitration proceedings to deal with the issues still in dispute. Each party shall put in writing its last best offer on each of the issues still in dispute within 14 calendar days after the start of arbitration proceedings, and these offers shall immediately be made public. The arbitrator shall choose one of the parties' last best offer for each such issue still in dispute and shall have no power to modify or compromise the last best offers of either party. The arbitrator shall hear the evidence presented and consider all factors relevant to the issues from the standpoint of both employer and effected employees, including the interests and welfare of the public and the financial ability of the City to meet those costs. If one of the parties fails to submit its last best offer within the above allotted time, then the arbitrator shall be obligated to make an award incorporating the terms and conditions of the last best offer made by the party that has submitted its offer within the above allotted times. The decision of the arbitrator shall be final and binding on all parties.

(i) The costs of mediation and arbitration, including the scheduling of the arbitrator, shall be borne equally by all parties. Mediation and arbitration hearings shall be conducted within the City and closed to the public, unless otherwise mutually agreed upon by the parties with the concurrence of the arbitrator.

(j) The provisions of this Section shall not be construed as making any of the provisions of Section 923 of the Labor Code of the State of California applicable to City employees. The provisions of this Section pertaining to arbitration shall be construed as an "arbitration agreement" for the purpose of making applicable to the extent not in conflict herewith the

provisions of Chapter 1 (commencing with Section 1280), Title IX, Part 3 of the Code of Civil Procedure of the State of California.

(k) The time limits set forth above may be waived by the mutual, written agreement of the parties and the arbitrator.