A. Meeting and Conferring in Good Faith and Memoranda of Understanding.
1. Pursuant to the provisions of California Government Code, Section 3500 et seq., as said sections apply to City, the City, through its designated representatives, shall meet and confer in good faith with representatives of recognized employee organizations, regarding matters within the scope of representation.
2. When the meet and confer process is concluded between the City and a recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and majority representatives. The memorandum of understanding shall be submitted to the City Council for determination and implementation on matters over which the Council has authority. A memorandum of understanding shall not be binding on the City or the recognized employee organization until approved by the City Council.
B. Resolution of Impasses - Impasse Procedures.
1. Initiation. If the possibility of settlement by direct discussion has been exhausted after a reasonable number of meetings and attempts to conclude an agreement, any party may initiate impasse procedures by filing with the other party or parties a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the City Manager forthwith after the date of filing of the written request for such meeting with written notice to all parties affected. The purpose of such impasse meeting shall be:
a. To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and
b. If agreement is not concluded, to discuss the process for the appointment of a mediator by the State Conciliation Service.
2. Mediation. If the parties fail to conclude an agreement at the impasse meeting, the impasse shall be submitted to mediation. The parties shall provide to the mediator written statements outlining their relative positions on the remaining disputed issues. The mediator shall conduct all meetings and discussions in private and shall make no public statements or recommendations concerning the issues. Neither party to the mediation shall make any public statement regarding any aspect of the mediation. The mediator or either party shall have the right to terminate the mediation proceedings at any time and for any reason.
3. Appointment of Mediator and Costs. If an agreement is not concluded at the impasse meeting, the City Manager shall request the State Conciliation Service to assign a mediator. Should a mediator not be available from the State Conciliation Service the parties shall mutually agree upon a mediator from some other source. Costs, if any, of the mediation services shall be divided equally between the parties pursuant to Government Code Section 3505.2.
4. Upon Termination of Mediation. If after thirty (30) days following commencement of mediation, or upon the earlier termination of such proceedings by the mediator of either or both of the parties thereto, the City and the recognized employee organization again fail to conclude an agreement, the City may act to unilaterally implement any disputed issues except those matters the City is precluded by law from implementing. In the alternative, upon mutual consent of both parties, the issues may be submitted to additional impasse procedures, including but not limited to factfinding.
5. Factfinding. If the parties agree to factfinding, a factfinding panel of three shall be appointed in the following manner: one member to be appointed by the City Manager, one member to be appointed by the recognized employee organization, and those two appointed members shall appoint a third, who shall act as chair. If they are unable to agree upon a third, they shall select by agreement the third from a list to be provided by the State Conciliation Service. The factfinding panel shall act in accordance with whatever procedures are mutually agreed to by the parties. Upon completion of such procedures, the panel shall issue a confidential, non-binding, advisory report to the parties.
C. Advance Notice and Reasonable Time Off to Meet and Confer.
1. Reasonable written notice shall be given to each recognized employee organization affected, of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation, proposed to be adopted or amended and each shall be given the opportunity to meet and confer with the City's representative. In cases of emergency, when an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, such notice and opportunity to meet and confer shall be provided at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
2. The recognized employee organization may select not more than two employee members of such organization to attend scheduled meetings with the City's representatives on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the City Manager at least two working days in advance of such meetings. Provided further:
a. That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or his or her designee, provided that such approval will not be unreasonably withheld.
b. That such meeting is subject to scheduling in a manner consistent with operating needs and work schedules of the City. Nothing herein shall limit or restrict the scheduling of meetings at mutually agreeable times before or following regular duty or work hours. Employees involved in such meetings during their regular work hours shall not be required to make up the time so spent. No overtime payments shall be authorized or made for such time spent in such meetings by those on-duty employees authorized to attend.
(Res. No. 143 95-96, Res. No. 48 97-98 §3)