Sunnyvale Municipal Code Ch. 2.24 Employer-Employee Relations Code

This chapter shall be known and may be cited and referred to as the "Employer-Employee Relations Code of the City of Sunnyvale."

(Prior code § 2-5.01; Ord. 1591-70 § 2)

It is the purpose of the provisions of this chapter to implement Chapter 10, Division 4, Title 1, of the Government Code of the state of California (Section 3500 et seq.) captioned "Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations, and for coming to agreement regarding wages, hours, and other terms and conditions of employment.

(Prior code § 2-5.02; Ord. 1591-70 § 2)

For the purpose of this chapter, certain terms, phrases, words and their derivations used herein shall have the meaning assigned to them in this section. The word "shall" is mandatory and not directory.

"Appropriate unit"

means a unit established pursuant to Section 2.24.150.

"Chapter"

means, unless the context indicates otherwise, the employer-employee relations code of the city of Sunnyvale.

"City"

means the city of Sunnyvale, a municipal corporation, and where appropriate herein, "city" refers to the city council, the governing body of the city, or any duly authorized management employee as herein defined.

"Consult" or "consultation in good faith"

means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.

"Employee, management"

means:

(A)

Any employee having significant responsibilities for formulating and administering city policies and programs, and

(B)

Any employee having authority to exercise independent judgment, including division heads, public safety captains, supervisors and foremen, but excluding leadmen levels.

"Employee, professional"

means employees engaged in work requiring specialized knowledge and skills attained through completion of a course of instruction as well as professional registration or licensing by the state of California.

"Employee organization"

means any organization which meets the basic requirements for recognition, and which has as one of its primary purposes representation of employees in employee relation matters with the city.

"Employer-employee relations"

means the relationship between the city and its employees and their employee organizations.

"Impasse"

means a deadlock in discussions between the representatives of a recognized employee organization and the city over any matters concerning which they are required to meet and confer in good faith except as limited by this chapter.

"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 a recognized employee organization of their mutual obligation to meet at reasonable times and confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment as defined by this chapter in an effort to: (A) reach agreement on those matters within the authority of such representatives, and (B) reach agreement on what will be recommended to the city council on those matters within the decision making authority of the city council. This does not require either party to agree to a proposal or to make a concession.

"Municipal employee relations officer"

means the city's principal representative in all matters of employer-employee relations designated pursuant to Section 2.24.250, or duly authorized representatives.

"Peace officer"

means this term as it is defined in Section 830.1 of the California Penal Code. All public safety officers are hereby designated peace officers pursuant to Section 830.3(m) of the California Penal Code.

"Recognized employee organization"

means an employee organization which has been acknowledged by the municipal employee relations officer as an organization that represents employees of the city for the purpose of meeting and conferring in good faith, as provided for herein.

"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. "City rights" and "employee rights" as defined in this chapter are excluded from the scope of representation.

(Prior code § 2-5.03; Ord. 1591-70 § 2)

(a) Employees of the city 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, including, but not limited to, wages, hours, and other terms and conditions of employment.

(b) Employees of the city also shall have the right to refuse to join or participate in the activities of 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 the exercise of these rights.

(c) No employee may be represented by more than one recognized employee organization. Any employee who is a member of more than one recognized organization must file a certified statement with the municipal employee relations officer indicating which one of the recognized organizations is representing the employee.

(Prior code § 2-5.04; Ord. 1591-70 § 2)

The rights of the city as contained in the Charter, Constitution and laws of the state of California, include, but are not limited to, the right to determine the services, activities and functions of its constituent departments, commissions and boards; set standards of service; 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 or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its service, activities and functions in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

(Prior code § 2-5.05; Ord. 1591-70 § 2)

(a) The city, through its representatives, shall meet and confer in good faith with representatives of recognized employee organizations regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment. All recognized employee organizations shall meet and confer in good faith through their designated representatives.

(b) The city shall not be required to meet and confer in good faith on any subject preempted by federal or state law, or by the city Charter, nor shall it be required to meet and confer in good faith on employee rights or city rights as defined in this chapter. Proposed amendments to this chapter are excluded from the scope of meeting and conferring.

(c) At scheduled meetings with the municipal employee relations officer or that officer's designated representatives on subjects within the scope of representation, each recognized employee organization may be represented by no more than three persons who need not be members of the organization, except that additional persons may be allowed to attend by mutual agreement of the parties. The employee organization shall submit the names of all designated representatives to the municipal employee relations officer at least two working days in advance of such meetings. Provided, further, 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 in a manner consistent with operating needs and work schedules.

(d) The discussion process shall be carried on by the representatives of the city and of all recognized employee organizations meeting together in the following manner:

(1) The initial meeting shall be held no later than sixty days prior to the end of the fiscal year or the termination date of the current memorandum of understanding, whichever is later;

(2) Except as otherwise provided in this chapter, all discussions shall be conducted in private, and until the memorandum of understanding on wages and benefits is signed, there shall be no presentation of the issues or materials being considered other than between the designated representatives of the recognized employee organizations and the representatives of the city, respectively;

(3) The designated representatives of the recognized employee organizations shall present their requests, if any, to the city representatives. The city representatives shall review and consider the requests and respond to the designated employee representatives. This process shall continue until an agreement has been reached or the discussions adjourned;

(4) The duty not to disclose to the public issues or materials being considered applies to each stage of the impasse procedures when such have been invoked pursuant to Section 2.24.240. Provided, however, that the parties may present the issues or materials being considered to their respective principals who shall observe the spirit of the nondisclosure requirement; and provided, further, that the issues being considered at each stage of impasse may be presented in a written public disclosure by mutual agreement of the parties to be reached within seven days after that stage of impasse has been invoked. If no agreement is reached within such time, no disclosure shall be made at that stage of impasse. The duty of nondisclosure does not extend to the release of nonconfidential information contained in public records. Further, the duty of nondisclosure does not apply to findings and recommendations that must be made public pursuant to Government Code Section 3505.5(a).

(Prior code § 2-5.06; Ord. 1591-70 § 2; Ord. 2008-81 § 1; Ord. 2997-13 § 1)

(a) When the meeting and conferring process is concluded between the city and the recognized employee organization or organizations representing a majority of the employees in an appropriate unit or units, the matters concerning which the parties are in accord shall be incorporated in a written memorandum of understanding signed by the duly authorized representatives.

(b) Ratification of the memorandum of understanding, where required by the constitution and by-laws of the recognized employee organization or organizations shall be accomplished within ten calendar days of the date of signature by the respective representatives. Results of the ratification shall be given, in writing, to the municipal employee relations officer within the prescribed time limit.

(c) The memorandum of understanding shall be submitted to the city council for determination.

(Prior code § 2-5.07; Ord. 1591-70 § 2)

Reasonable written notice of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the city council, or by any board or commission of the city, shall be given by mailing to each recognized employee organization a copy of the agenda for the city council, board or commission at least twenty-four hours in advance of the scheduled meeting.

In cases of emergency when the city, or any board or commission thereof, determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the city, or the board or commission thereof, shall provide such notice at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

(Prior code § 2-5.08; Ord. 1591-70 § 2)

(a) The city will make available to recognized employee organizations such nonconfidential information pertaining to employee relations as is contained in the public records of the city, subject to the limitations and conditions set forth in this chapter and in state law. 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, where applicable. Information which shall be made available to recognized 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.

(b) Nothing in this section 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 or be contrary to merit system principles;

(2) Working papers or memoranda which are not retained in the ordinary course of business, or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record;

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

(c) Nothing in this section shall be construed as requiring city to do research for an inquirer, or to do programming or assemble data in a manner other than usually done by the agency.

(Prior code § 2-5.09; Ord. 1591-70 § 2)

Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during working hours.

(Prior code § 2-5.10; Ord. 1591-70 §)

Employee organizations may, with the prior approval of the municipal employee relations officer, be granted the use of city facilities during non-work hours for meetings of city employees, provided space is available and provided further such meetings are not used for organizational activities or membership drives of city employees. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The city reserves the right to assess reasonable charges for the use of such facilities. The use of city equipment, other than items normally used in the conduct of such business meetings, such as desks, chairs, ashtrays, and blackboards, is strictly prohibited, the presence of such equipment in approved city facilities notwithstanding.

(Prior code § 2-5.11; Ord. 1591-70 § 2)

Recognized employee organizations may use portions of city bulletin boards subject to the following conditions:

(a) Recognized employee organizations may post notices of elections and results of elections, appointments, notices of meetings, and notices of recreational and social affairs directly on the bulletin boards.

(b) The posting of any other classes of notices or written or printed cards, pamphlets, or literature of any kind on bulletin boards or in city facilities must receive prior approval from the municipal employee relations officer or an authorized departmental management official.

(c) All materials must be dated and show the identification of the recognized employee organization responsible for their publication and the date posted.

(d) Unless special arrangements are made with the municipal employee relations officer, materials posted will be removed thirty-one calendar days after the date posted.

(e) The city shall determine the placement of bulletin boards and the portion of the boards to be allocated to employee organization materials.

(f) Materials are to be prepared by the recognized employee organizations and published or distributed at no cost to the city.

(Prior code § 2-5.12; Ord. 1591-70 § 2)

(a) Only a recognized employee organization may be granted permission by the municipal employee relations officer to have the regular dues of its members deducted from their paychecks, in accordance with procedures prescribed by the municipal employee relations officer.

(b) Dues deduction shall be for a specified amount and shall be made only upon the written authorization of the member. Dues deduction authorization may be canceled, and the dues checkoff discontinued at any time by the member upon written notice to the municipal employee relations officer. Dues deduction authorization or cancellation shall be made upon forms prepared and supplied by the municipal employee relations officer. Dues deductions shall be in uniform amounts for each organization.

(c) The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized. When a member in good standing of the recognized employee organization is in a nonpay status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings, nor will the member deposit the amount with the city which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in a nonpay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over employee organization dues.

(d) The city shall furnish each organization upon its recognition and at the conclusion of the first and fourteenth pay periods of each fiscal year a roster of its members authorizing deductions.

(e) Dues withheld by the city shall be transmitted by the municipal employee relations officer to the officer designated, in writing, by the recognized employee organization as the person authorized to receive such funds, at the address specified.

(f) All recognized employee organizations that receive dues by payroll deduction shall indemnify, defend, and hold the city harmless against any claims made, and against any suit instituted against the city arising therefrom. In addition, all such organizations shall refund to the city any amounts paid to them in error upon presentation of supporting evidence.

(Prior code § 2-5.13; Ord. 1591-70 § 2, 1971)

An employee organization that seeks recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit or units shall file a petition with the municipal employee relations officer 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, representing employees in their employment relations with the city;

(e) A statement whether the employee organization is a chapter or local of, or is affiliated directly or indirectly 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 organization's constitution and by-laws;

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

(h) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to city employees;

(i) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin;

(j) A statement of the job classifications or title of employees and the unit or units claimed to be appropriate, and the approximate number of member employees therein;

(k) 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 thirty percent of the employees in the unit or units claimed to be appropriate have designated the employee organizations to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to the municipal employee relations officer;

(l) A statement that except as may be otherwise provided in this chapter, the organization recognizes that it does not have a right to meet and confer on any existing memorandum of understanding;

(m) A statement that the organization will file with the employee municipal employee relations officer any changes in its constitution or by-laws within thirty days of the action taken to authorize the change;

(n) A request that the municipal employee relations officer recognize the employee organization as the majority representative of the employees in the unit or units claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.

(Prior code § 2-5.14; Ord. 1591-70 § 2, 1971)

(a) The municipal employee relations officer, 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, are to be considered in making such determination:

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

(2) The history of employee relations: (A) in the unit, (B) among other employees of the city, and (C) in similar public employment;

(3) The effect of the unit on the efficient operation of the city and sound employer-employee relations;

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

(5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in 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; and

(2) Management and confidential employees who are included in the same unit with nonmanagement or nonconfidential employees may not represent such employees on matters within the scope of representation; and

(3) Peace officers may form, join, participate in, and be represented by employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations as provided by this chapter, provided such employee organizations are:

(A) Composed solely of such peace officers, and

(B) Concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and

(C) Are not subordinate to any other organization as provided by state law.

(Prior code § 2-5.15; Ord. 1591-70 § 2, 1971)

(a) Upon receipt of the written petition, the municipal employee relations officer shall determine whether there has been compliance with the requirements of Sections 2.24.140 and 2.24.150. If the petition is found to comply with these sections, the municipal employee relations officer may, at his discretion, grant recognition to such employee organization without calling for a secret ballot election. Provided, however, that a waiting period of thirty calendar days shall elapse between the time the written notice of this determination has been mailed to the petitioning organization and all eligible employees in the unit or units, and the time recognition is granted. If the petition does not comply with the requirements of Sections 2.24.140 and 2.24.150, the municipal employee relations officer shall inform the petitioning organization the reasons therefor in writing.

(b) Within thirty calendar days of the date of the above notice, any other employee organization, hereinafter referred to as the "challenging organization," may seek recognition in an overlapping unit by filing a petition for recognition; provided, however, such challenging organization must submit written proof that it complies with the provisions of Sections 2.24.140 and 2.24.150. The municipal employee relations officer shall hold a hearing on such overlapping petitions, at which time all petitioning employee organizations shall be heard. Thereafter, the municipal employee relations officer shall determine the appropriate unit or units in accordance with the criteria set forth in Section 2.24.150.

(Prior code § 2-5.16; Ord. 1591-70 § 2)

(a) When an employee organization does not qualify for or has not been granted recognition pursuant to Section 2.24.160, the municipal employee relations officer at his discretion may, or at the request of the petitioning organization or organizations shall, arrange for an election by secret ballot to be conducted by the city, or, at the option of the petitioning organization, by the State Conciliation Service. All challenging organizations which have submitted written proof that they represent at least ten percent of the employees in the unit or units found to be appropriate, and which have submitted a petition for recognition in accordance with Sections 2.24.140 and 2.24.150, shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Persons entitled to vote in such election shall be those persons classified as employees for the purpose of recognition who were employed within the unit or units during the pay period immediately prior to the election, including those who did not work during such period because of disability, vacation or authorized leaves of absence, and who are employed by the city in the same unit or units on the date of the election. No person in the unclassified service is entitled to vote in such election.

(b) The employee organization receiving a majority of the votes cast shall be granted recognition, provided that a majority of all the employees eligible to vote in the unit or units voted.

(c) In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast. The provisions governing an initial election shall also apply to a run-off election.

(d) There shall be no more than one election in a twelve-month period within the same unit or units other than a run-off election.

(Prior code § 2-5.17; Ord. 1591-70 § 2)

The employee organization found to represent a majority of the employees in an appropriate unit in the manner specified in Sections 2.24.140 to 2.24.170, inclusive, shall be granted recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit or units. This shall not preclude any recognized employee organizations, or individual employees, from consulting with management representatives on employer-employee relations matters of concern to them. The recognition rights of the majority representative designated in accordance with this section shall not be subject to challenge for a period of twelve months following the date of such recognition.

(Prior code § 2-5.18; Ord. 1591-70 § 2)

A petition for decertification, alleging that an employee organization granted recognition is no longer the majority representative of the employees in an appropriate unit or units may be filed with the municipal employee relations officer only during the month of September of each year following the first full year of recognition. 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 the accompanying documents, shall be verified by the person signing it. 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 recognized employee organization;

(c) An allegation that the recognized employee organization no longer represents a majority of the employees in the appropriate unit or units, and any other relevant and material facts;

(d) Written proof that at least thirty percent of the employees in the organization do not desire to be represented by the 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 municipal employee relations officer.

(Prior code § 2-5.19; Ord. 1591-70 § 2)

The municipal employee relations officer shall arrange for a secret ballot election to determine if the recognized employee organization shall retain its recognition rights. The recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification, provided that a majority of all the employees eligible to vote in the unit or units voted. There shall be no more than one valid decertification election in the same unit or units in any twelve-month period.

(Prior code § 2-5.20; Ord. 1591-70 § 2)

A petition for modification of an established unit may be filed by an employee organization with the municipal employee relations officer during the period for filing a petition for decertification. The petition for modification shall contain all of the information set forth in Sections 2.24.140 and 2.24.150, and a statement of all relevant facts in support of the proposed modified unit. The petition for modification shall be accompanied by written proof that at least fifty percent of the employees within the proposed modified unit have designated the employee organization to represent them in their employment relations with the city. The municipal employee relations officer shall hold a hearing on the petition for modification, at which time all affected employee organizations shall be heard. Thereafter, the municipal employee relations officer shall determine the appropriate unit or units as between the existing unit and the proposed modified unit. If the municipal employee relations officer determines that the proposed modified unit is the appropriate unit, then he shall follow the procedures set forth in Sections 2.24.140 to 2.24.170, inclusive, for determining the recognition rights in such unit.

(Prior code § 2-5.21; Ord. 1591-70 § 2)

When an employee organization has been recognized, such recognition shall remain in effect until such time as the municipal employee relations officer shall determine, on the basis of a secret ballot election conducted in accordance with the election procedures set forth in Section 2.24.170, that the recognized employee organization no longer represents the employees in the appropriate unit or units or until such time as the unit or units may be modified as provided in Section 2.24.210, or decertified as provided in Section 2.24.200.

(Prior code § 2-5.22; Ord. 1591-70 § 2)

The city shall pay the cost of any election conducted by it under the provisions of this chapter. The cost of an election conducted by any agency other than the city shall be paid by the employee organization or organizations that made the request therefor. If more than one employee organization has made the request, the costs shall be evenly divided among the organizations.

(Prior code § 2-5.23; Ord. 1591-70 § 2)

(a) The representatives of any party engaged in meet and confer discussions under Section 2.24.060 may invoke the impasse procedures as set forth in Section 2.24.265 at any time after an impasse has occurred.

(b) Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the municipal employee relations officer made pursuant to Sections 2.24.140 to 2.24.230 inclusive, or any dispute over an interpretation of any memorandum of understanding shall be processed in accordance with the procedures set forth in Section 2.24.260. Provided, however, that a written request for an impasse meeting, as described in the section last referred to, must be filed with the municipal employee relations officer within seven calendar days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to the impasse procedures, or to any other appeal.

(Prior code § 2-5.24; Ord. 1591-70 § 2; Ord. 2008-81 § 1; Ord. 2997-13 § 2)

The city council by adoption of a resolution shall designate a municipal employee relations officer who shall be the city's principal representative 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. The municipal employee relations officer so designated is authorized to delegate these duties and responsibilities.

(Prior code § 2-5.25; Ord. 1591-70 § 2)

(a) Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. 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 in detail of its position on all disputed issues, including a statement that every means has been exhausted under this chapter for resolving such disputed issues. An impasse meeting must then be held by the municipal employee relations officer within ten working days. A written notice of the meeting shall be sent to the official representatives of all the parties affected. The purpose of such impasse meeting is to permit a review of the positions of all parties in a final effort to reach agreement on the disputed issues. The impasse proceedings with the municipal employee relations officer shall be private. Provided, however, that upon mutual agreement by the city and the employee organization or organizations involved in an impasse, said proceedings may be set forth in a written public disclosure statement. If the agreement is not concluded, the parties shall pursue the impasse procedures in the order set forth in this section until agreement is reached; provided, that by mutual consent the parties may go directly to advisory arbitration.

(b) Conciliation. A conciliator shall be mutually selected by the city and the employee organization or organizations directly involved in the impasse from the State Conciliation Service of the state of California. All conciliation proceedings shall be private. The conciliator shall make no public recommendations nor take any public position concerning the issues. Provided, however, that upon mutual agreement by the city the employee organization or organizations involved in the impasse said proceedings may be set out in written public disclosure.

(c) Advisory Arbitration. The advisory arbitration board shall be composed of three persons. Excluded from membership on the arbitration board are incumbent councilmembers, board members, commission members, officers and employees of the city of Sunnyvale, and officers and representatives of employee organizations of the city.

The selection of the advisory arbitration board shall be conducted in the following manner:

(1) The municipal employee relations officer and the representatives of each employee organization each shall submit to the city clerk the names of two qualified electors of the city to serve on the board. The nominated electors shall constitute a panel which shall remain in effect for one year. Vacancies on the panel shall be filled within thirty days by the party which made the nomination.

(2) The city council shall at the time the impasse procedure is invoked appoint from the panel two members to the advisory arbitration board, one from the names submitted by the municipal employee relations officer, and one from the names submitted by the representatives of the employee organizations. The two members thus appointed shall select a third member from a list provided by the American Arbitration Association. The third member shall be chair of the advisory arbitration board.

(3) The advisory arbitration board shall conduct its proceedings in accordance with this chapter, but shall have the power to make additional rules not inconsistent herewith.

(d) The cost of any impasse procedure shall be shared equally by the parties to the impasse.

(Prior code § 2-5.26; Ord. 1591-70 § 2; Ord. 2008-81 § 1)

(a) For resolution of impasses in meet and confer discussions, the parties shall observe the procedures set forth in Section 2.24.260(a) and (b), and as provided in this section.

(b) The parties shall follow the requirements for factfinding and related provisions as enacted by AB 646, codified in California Government Code Sections 3505.4, 3505.5 and 3505.7.

(Ord. 2997-13 § 3)

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

(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 chapter.

(c) The provisions of this chapter are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1, of the Government Code of the state of California (Section 3500 et seq.) as amended in 1968.

(Prior code § 2-5.27; Ord. 1591-70 § 2)