A. Negotiation Procedures: The following negotiation procedures shall apply to the employer and exclusive representatives:
1. Notice; Time Limitations: Negotiations shall be opened upon written notice by either party to the other requesting that negotiating sessions be scheduled. Such request shall be postmarked no earlier than one hundred twenty (120) days, nor later than sixty (60) days, prior to the contract ending date. The parties may open negotiations at any time by mutual agreement.
2. Teams: Negotiating teams will consist of a maximum of five (5) persons designated by the exclusive representative and a maximum of five (5) persons designated by the Mayor.
3. Conduct: All negotiations will be conducted in closed sessions. Negotiations will be held at the facilities and at a time mutually agreed upon by the negotiating teams. Negotiations will begin with the party that requested the negotiations presenting their complete proposal and changes, section by section.
4. Issues Identified: Following the complete presentation of both proposals, the parties will identify the economic and noneconomic issues. All noneconomic issues must be resolved prior to negotiating economic issues.
5. Recesses; Study Sessions: Recesses and study sessions may be called by either team. Prior to these recesses or study sessions, the reconvening time will be agreed upon. A caucus may be taken as needed.
6. Release From Duty For Participation: Employees who are members of the exclusive representatives negotiating team will be released from their normal duties without pay to participate in negotiations.
7. Tentative Agreements: Tentative agreements reached during negotiations will be reduced to writing, dated and initialed by each team spokesperson. Such tentative agreements are conditional and may be withdrawn should later discussion change either team's understanding of the language as it relates to another part of the agreement. (Ord. 250, 1-12-1993)
8. Accomplishment Of Agreement: Agreement on contract negotiations is accomplished when the exclusive representative and the Mayor sign the agreement. Provisions in multi-year agreements providing for economic increases in subsequent years shall be contingent upon the Board of Trustees appropriating the funds necessary to fund the increase for subsequent years. Should the Board of Trustees not appropriate sufficient funds to fund the agreed upon increase for a subsequent year, either party may reopen negotiations. (Ord. 250, 1-12-1993; amd. 2000 Code)
B. Impasse Procedures: The following impasse procedure shall be followed by the employer and exclusive representatives:
1. Mediator: If an impasse occurs, either party may request from the Board that a mediator be assigned to the negotiations unless the parties can agree on a mediator. A mediator from the Federal Mediation and Conciliation Service will be assigned by the Board to assist negotiations.
2. Fact-Finder: If the impasse continues after a thirty (30) day mediation period, either party may request from the Board that a fact-finder be assigned to the negotiations. A fact- finder will be selected by the parties from a list of individuals requested from the Federal Mediation and Conciliation Service.
3. Hearings; Decision: The fact-finder shall conduct hearings and submit written findings and recommendations to the parties and the Board. The fact-finder shall select either the exclusive representative's total and complete last best offer or he may select the employer's total and complete last best offer. The fact-finder may not create his own settlement. If the parties have not reached agreement within fifteen (15) days after receipt of the fact-finder's report, the Board shall publish the fact-finder's recommendation.
4. Board Of Trustees' Action: The Board of Trustees may accept, reject or modify the fact-finders recommendation. The decision of the Board of Trustees is final and binding on both parties and shall be incorporated into the agreement along with those items that had been tentatively agreed to by the parties.
5. Cost Of Proceedings: The cost of any impasse proceeding that requires a third party shall be borne equally by the parties to the impasse. (Ord. 250, 1-12-1993)