(A) This section shall be cited and referred to as the collective bargaining section for the city’s Police Department.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BARGAINING AGENT. The organization, if any, elected by the bargaining unit in the manner prescribed in this section to represent the bargaining unit in collective bargaining with the city.
BARGAINING UNIT. The full-time police officers employed by the city in the city’s Police Department, excluding all police officers who hold the rank of Lieutenant or above.
CITY ADMINISTRATION. The Mayor of the city and Board of Public Works and Safety.
CITY BARGAINING COMMITTEE. Those persons appointed by the Mayor to represent the city in collective bargaining and the city’s bargaining counsel, if the city chooses to utilize legal counsel as part of its bargaining committee. The committee may consist of as many as 5 persons appointed by the Mayor, plus any legal counsel. No member of the CITY BARGAINING COMMITTEE will be a member of the City Council. Bargaining unit members may not serve on the CITY BARGAINING COMMITTEE.
CITY BARGAINING POLICY COMMITTEE. A committee consisting of the Mayor or his or her designee, 1 member of the Board of Public Works and Safety and 2 members of the Council, 1 from each political party, appointed by the President of the Council.
FULL-TIME POLICE OFFICERS. Police officers who are scheduled on duty an average of 40 hours or more per week.
POLICE OFFICERS BARGAINING COMMITTEE. The committee which meets with the City Bargaining Committee for the purpose of collective bargaining. The POLICE OFFICERS BARGAINING COMMITTEE shall consist of no more than 4 members of the bargaining unit. The bargaining unit members have the option of including their legal counsel and a representative of the bargaining agent, if any, who is not a member of the bargaining unit as members of the Police Officers Bargaining Committee.
(C) (1) It is hereby declared to be the public policy of the city that, to protect the public health, safety and welfare of the citizens of the city, police officers do not have, and will not be accorded, the right to strike or engage in any type of work stoppage, slowdown, picketing or any other type of job action that does or might interfere with or depart from the proper performance of their duties and responsibilities or those of any other police officers as prescribed by the city.
(2) In the event any of the actions prohibited in division (C)(1) above occur:
(a) Any court of competent jurisdiction immediately shall restrain and enjoin such actions and award to the city any and all other appropriate relief;
(b) The City Administration shall no longer have the duty to recognize or bargain with any bargaining agent then representing the bargaining unit; and
(c) All police officers who have engaged in the action shall be subject to immediate termination by the Board of Public Works and Safety in conformance with relevant state law and any applicable grievance procedures.
(D) (1) Any organization which currently represents the bargaining unit will continue to be recognized by the city unless the recognition is withdrawn pursuant to this section by city or bargaining unit members.
(2) Any organization seeking to become the bargaining agent for the bargaining unit may be recognized as such by the city so long as a majority of the employees in the bargaining unit vote in favor of the organization in a fair and impartial secret ballot election conducted by a disinterested third party to be appointed by the city’s Human Relations Director.
(3) Such an election for the purpose of establishing recognition of a bargaining agent shall be conducted only when police officers in the bargaining unit present to the city administration objective evidence showing that 30% or more of the employees in the bargaining unit are in favor of holding such an election. Not more than 1 such election to recognize a bargaining agent shall be conducted in any 12-month period.
(4) The bargaining unit may by majority vote elect a bargaining committee without electing a bargaining agent.
(5) Such a bargaining agent shall have the privilege of bargaining collectively on behalf of the police officers only so long as it abides by all the provisions of this section and only so long as the city has reason to believe the bargaining agent’s efforts are supported by a majority of the bargaining unit. At any time after 12 months from the date of an election if the city forms a reasonable belief that a majority of the bargaining unit no longer supports the bargaining agent, it may decline to bargain with the agent, and the police officers in the bargaining unit may bargain independently or may seek another election.
(E) (1) Either the Police Officers Bargaining Committee or the city’s Bargaining Committee may request collective bargaining by giving written notice to the other on or before April 1 of any year in which a collective bargaining agreement expires or in which there is no collective bargaining agreement in effect.
(2) If timely written notice is given, the city’s Bargaining Committee and the Police Officers Bargaining Committee shall meet at reasonable times and bargain in good faith with respect to wages, hours and other terms and conditions of employment.
(3) Nothing in this section requires either party to make any concessions or agree to the other party’s proposals.
(F) The city’s Bargaining Committee shall meet with the city’s Bargaining Policy Committee as needed on a confidential basis to receive guidance concerning negotiations and to report on the progress of any collective bargaining negotiations.
(G) The city’s Bargaining Committee and the Police Officers Bargaining Committee each have the right to request in writing and receive from the other information that is necessary, and demonstrably relevant, to the bargaining process.
(H) (1)
In the event that the city’s Bargaining Committee and the Police Officers Bargaining Committee are unable to reach an agreement by September 1 of any year in which bargaining occurs, either party may submit a written request to the Federal Mediation and Conciliation Service (“FMCS”) for advisory mediation. The FMCS shall provide a mediator mutually agreeable to both committees.
(2) The counsel of the mediator shall be advisory only and shall not be binding on either party.
(3) All FMCS mediation charges shall be divided equally between the bargaining agent and the city. In the event there is no bargaining agent, the city shall bear the charges.
(I) If the committees reach agreement, they shall reduce the agreement to writing, execute it signifying their approval of it, and present it to the Council for approval. No agreement shall be effective or enforceable until it receives such approval by the Council.
(J) This section shall not be deemed in any way to limit or diminish the authority of the city to manage and direct the operations and activities of the city, including, but not limited to the Police Department and police officers activities, to the full extent authorized and permitted by law.
(1979 Code, § 31.11) (Ord. 3857, passed 5-6-1988; Am. Ord. 3915, passed 5-16-1989; Am. Ord. 4359, passed 4-20-1998; Am. Ord. 4421, passed 5-24-1999; Am. Ord. 5743, passed 6-17-2019)