Sierra Madre Municipal Code Ch. 2.48 Employee Organizations

The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section.

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

"Meet and confer in good faith" means the authorized representatives of the city and representatives of recognized employee organization have the mutual obligation personally to meet at reasonable times and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation.

"Recognized employee organization" means an employee organization that has been formally recognized by the city as an employee organization that represents city employees.

(Prior code § 2300)

A. City employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Each city employee shall have the right to refuse to join or participate in the activities of an employee organization and shall have the right to represent himself/herself individually in his/her employment relations with the city.

B. No person shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of the exercise of any of these rights.

(Prior code § 2301)

A. The following positions are designated management and confidential positions:

1. All department heads;

2. All assistant department heads;

3. Secretary to the city manager;

4. Any employee having access to personnel records;

5. Fire marshal.

B. Such management and confidential employees shall not represent any employee organization which represents other employees of the city in matters relating to employment conditions and employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.

(Prior code § 2302)

Every employee organization that desires recognition shall initially and annually in February of each year thereafter file with the city manager a declaration signed by its authorized officers containing:

A. The name and mailing address of the organization;

B. The names and titles of its officers;

C. The names of the representatives of the organization who are authorized to speak on behalf of its city members;

D. A statement that the organization includes city employees who are members and who have designated the organization to represent them and specifies the total number and names of such employees;

E. A statement whether the organization is a chapter or local of, or affiliated with, a regional, state, national or international organization and, if so, the name and address of each such affiliated organization;

F. A statement that the organization has, as one of its primary purposes, representation of city employees in their employee relations with the city. Certified copies of the organization's constitution and by laws or any other documents which verify this purpose shall be included as a part of the declaration;

G. 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 to the organization for any purpose.

(Prior code § 2303)

If the city manager determines that the organization does in fact represent city employees and the declaration contains the information required by Section 2.48.040, he/she shall recommend to the city council that the city council officially recognize the organization. Recognition shall be effective until the first day of February of the year following the date of the action of the city council.

(Prior code § 2304)

It shall be the duty of the city manager to meet at reasonable times and confer in good faith with representatives of recognized employee organizations regarding wages, hours, and other terms and conditions of employment. Meetings pertaining to wages, hours and employment benefits shall be held for budget determination purposes during the months of February, March and April of each calendar year.

(Prior code § 2305)

If the representatives of a recognized employee organization desire to meet with the city manager, they shall make their request in writing and specify the matters to be discussed. Upon receipt of such request, a mutually satisfactory time and place shall be arranged for the meeting. Only those matters specified in the notice may be discussed at the meeting. Other matters may be discussed by mutual consent of all of the representatives present.

(Prior code § 2306)

A. If agreement is reached with respect to any matter considered at any meeting, the city manager, with the assistance of the city attorney, and the representatives of the recognized employee organization, shall jointly prepare a written memorandum of such understanding which shall not be binding unless approved by the city council.

B. If agreement cannot be reached with respect to any matter, the representatives of the recognized employee organization may file with the city council a written statement of the organization's position with reference to that matter. The city manager may also file with the city council a written statement of his/her position with reference to that matter. Before determining the issue, the city council shall fix a time and place to receive any additional pertinent information that may be orally present to it.

(Prior code § 2307)

The city manager need not meet with the representatives of any recognized employee organization to consider the following:

A. Issues of public policy;

B. The merits, necessity or organization of any department, service or activity provided by the city pursuant to law or ordinance;

C. Matters which relate to the management of the city or the direction of its work force, including the right to direct employees, to hire, promote, transfer, assign or retain employees, or suspend, demote, discharge or take other proper disciplinary action against employees, maintain the efficiency of the operation of the city government, and take any actions necessary to meet conditions of an emergency nature.

(Prior code § 2308)

A. The internal business of any employee organization, including but not limited to such matters as the solicitation of memberships, collection of money, election of officers and general membership meetings shall not be performed during the working hours of the affected city employees.

B. Not more than three city employees who have been designated as the representatives of a recognized employee organization shall be allowed a reasonable amount of time off without loss of compensation or other benefits for the purposes of attending a formal meeting with the city manager if the meeting is scheduled to be held during working hours.

(Prior code § 2309)

After consultation in good faith with representatives of affected recognized employee organizations, the city manager may, from to time to time, recommend to the city council the adoption of such ordinances, rules or regulations as may be necessary or desirable to facilitate the administration of employer-employee relations.

(Prior code § 2310)

The provisions of this chapter shall not be considered to constitute a contract between the city and any employee or any recognized employee organization.

(Prior code § 2311)

Nothing in this chapter shall be deemed to supersede the provisions of the merit service system, set forth in Chapter 2.52 of this code, or of the rules and regulations adopted pursuant thereto establishing and regulating the city's personnel system.

(Prior code § 2312)