a. Designation of Management Representative.
(1) The Director of the Office of Administrative and Research Services, or the employee authorized by him to act in such capacity, is hereby designated as the City’s management representative in formal relationships with representatives of recognized employee organizations on matters which are properly within the scope of representation on which the City Council is the determining body.
(2) The chief administrative officer of each City department or office, or the employee authorized by him to act in such capacity, is hereby designated as the City’s management representative in formal relationships with representatives of recognized employee organizations on matters which are properly within the scope of representation and on which the head of the department or office is the determining body or official.
b. Responsibilities of Management Representatives.
It shall be the responsibility of the City’s management representatives to:
(1) Personally, or through duly authorized representatives, meet and confer in good faith and endeavor to reach agreement with representatives of recognized employee organizations.
(2) Review the progress of meeting and conferring with the determining body or official to receive advice and instructions.
(3) Jointly, with representatives of recognized employee organizations, prepare and sign written memorandums of understanding incorporating all matters agreed on through meeting and conferring in good faith.
(4) Present the memorandums of understanding to the determining body or official for determination.
(5) If, after a reasonable period of time, agreement is not reached, review the matter with the determining body or official to determine what further action should be taken.
c. Approval of Memorandum of Understanding.
(1) Memorandums of understanding on matters concerning which the City Council is the determining body shall become effective when approved by the City Council. Where an ordinance is required to effectuate the Memorandum, it shall become effective upon the effective date of the ordinance.
(2) Memorandums of understanding on matters concerning which the head of a department or office is the determining body or official shall become effective when approved by such body or official.
d. Coordination of Employee Relations.
(1) The Director of the Office of Administrative and Research Services shall:
(a) Keep the Mayor and City Council informed regarding the status of employee relations activities in the City.
(b) Establish a unit in his office to provide advice and technical staff assistance to department and office heads and management representatives in meeting and conferring with representatives of recognized employee organizations, preparing memorandums of understanding, dealing with impasses, carrying out other duties concerning the employee relations program, and to assure reasonable uniformity among departments in all aspects of the City’s employee relations program.
(c) Maintain a central clearing house of information for departments on recognized employee organizations, status of discussions in progress, agreements reached and other information relating to the operation of the employee relations program.
(d) Monitor and evaluate the employee relations program and recommend appropriate revisions to policy, procedures and rules to determining bodies or officials.
(e) Maintain liaison with and, upon request, provide assistance to the employee relations staffs of departments having control of their own funds in carrying out his coordinating responsibilities.
(f) Provide reports and recommendations to the Personnel Department concerning the appropriateness of proposed employee representation units.
(g) Issue bulletins from time to time, after consulting with affected employee bargaining units, interpreting Memorandum of Understanding provisions, where a literal interpretation of the language may not reflect the intent of the parties or where the language does not clearly outline procedures to be used in certain isolated circumstances. The Controller and other City departments may further request clarification of Memorandum of Understanding provisions from the Director of the Office of Administrative and Research Services where there is an indication that the provisions are not being uniformly interpreted through the City. Such interpretive bulletins shall be reviewed and approved by a representative of the City Attorney and by the Personnel Committee of the City Council prior to their issuance.
(2) The General Manager Personnel Department shall:
(a) On those issues and elements of the employee relations program involving Personnel Department responsibilities, provide reports and recommendations to the Board and provide advice and assistance to department heads and management representatives. Keep the Mayor and City Council and other officials advised of such matters.
(b) Issue guidelines for departmental working rules.
(c) Coordinate the views of concerned departments on the appropriateness of proposed representation units and provide reports and recommendations thereon to the Board.
(d) Maintain liaison with and provide assistance to the employee relations staff of departments having control of their own funds on those issues involving Personnel Department responsibilities.
(3) The management representative of each determining body or official shall:
(a) Provide advice and recommendations to the Personnel Department concerning the appropriateness of proposed employee representation units.
(c) Notify the Director of the Office of Administrative and Research Services of the status of employee relations activities; such as, grievances, claims of unfair employee relations practices, and of requests to meet and confer in good faith.
(d) Notify the Personnel Department of the status of all employee relations activities involving Personnel Department responsibilities.
e. Executive Employee Relations Committee.
(1) There is hereby established an Executive Employee Relations Committee consisting of the Mayor, the President and President Pro-Tem of the City Council, the Chairperson of the Personnel Committee of the City Council or a member thereof to be designated by the Chairperson, and the Chairperson of the Budget and Finance Committee.
(2) The Committee shall meet at the call of the Mayor until it has selected a chairperson, after which it shall meet at the call of the chairperson. Such meetings shall be in closed session except when otherwise prohibited by law. Any member of the Council may attend any meeting of the Committee.
(3) It shall be the duty of the Committee to meet no later than April 1 of each year with the City’s management representative to give advice and instructions with respect to the City’s bargaining position in the meet and confer process.
(4) The Committee shall also advise the Council with respect to salaries set by ordinance.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Subsec. e, added, Ord. No. 150,940, Eff. 7-2-78; Para. (g), Subdiv. (1), Subsec. d., added by Ord. No. 150,964, Eff. 7-8-78; Subdiv. (2), Subsec. e, Ord. No. 161,892, Eff 2-16-87; Subsec. d., Subdiv. (g), Subsec. e., Subdiv. (1), Ord. No. 164,741, Eff. 5-27-89, Oper. 7-1-89; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.