A. An employee organization shall be recognized as the authorized representative for eligible employees upon a verified showing that it represents a majority of eligible employees but such recognition shall be on the condition that individual employees and representatives of other employee groups are allowed to communicate freely with county management and the board on employment and personnel issues and so long as the flow of information to county management and the board from other sources is not impeded. A verified showing of majority status shall be established by the following method.
1. Subject to the conditions set forth above, an employee organization shall be entitled to be recognized and certified as the authorized representative of eligible employees upon receiving a majority of valid votes cast in a representation election.
2. A request for election may be filed by an employee organization with the county administrator upon a showing that a minimum of thirty percent of eligible employees have designated the employee organization to represent them. This showing of interest may be made by petition, signed authorization cards, active membership cards or a combination thereof. All such documents must include the legible printed name of the employee, as well as the employee's signature in order to be verified.
3. Within a reasonable time of receiving the petition, signed authorization cards, active membership cards or a combination thereof, but not to exceed twenty days, the county administrator shall verify whether the petition signatures, signed authorization cards, active membership cards or a combination thereof constitute a valid showing of interest in representation by an employee organization of at least thirty percent of eligible employees.
B. Upon verification of the showing of interest as described in subsection A, paragraph 2 of this section, the county shall, within five business days, provide to the petitioning employee organization a list of all eligible employees. The list shall include the employees' department, and job classification, if available. The list shall be provided in both written and electronic format, if available. The determination of which employees are eligible pursuant to this chapter shall be made by the director of the human resources department, in consultation with the petitioning employee organization and the existing authorized representative, if any, and approved by the County Administrator.
C. Upon verification of each group meeting the requirements of subsection A, paragraph 2 of this section, the county administrator, in consultation with each employee organization qualifying to appear on the ballot, shall set an election date that is within thirty calendar days or as mutually agreed upon by the county administrator and the employee organization and shall, in consultation with the employee organization, determine the time(s) and location(s) for the election. The county administrator shall post a notice showing the date and time of the election.
D. Any other employee organization that desires to have its name placed on the election ballot must file such a request within ten business days of the first request for an election and must accompany such a request with a verified showing of interest, as described in subsection A, paragraph 2 of this section, that at least thirty percent of eligible employees have authorized the employee organization to represent them.
E. The election shall be conducted by secret paper ballot and be held at such time(s) and place(s) that all eligible employees have an opportunity to vote. Each employee eligible to vote shall be provided the opportunity to choose the employee organization he/she wishes to represent him/her from among those on the ballot, or to choose "none." Each employee organization on the ballot shall have the opportunity to have an observer stationed at each polling place for the duration of the election and during the vote count. As the meet and confer process will enhance public services and employee relations, voting and participation in this process constitutes a public benefit. Employees shall be given a reasonable opportunity to vote or to serve as designated election observers on paid time pursuant to written administrative procedures promulgated by the county administrator.
F. To be certified and recognized as an authorized representative, an employee organization must receive a majority of the valid votes cast. 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 votes.
G. The election and vote count shall be conducted by the county at minimal cost and shall be overseen by a neutral third party mutually agreed to by all participants in the election, who shall serve as the election official. The election official shall report to the board on findings and conclusions regarding the election. The board has the final authority to review such findings and conclusions and to resolve any disputes regarding the operation or outcome of any such election. All costs of the election shall be borne in equal amounts among the county and the participants in the election.
(Ord. 2009-69 § 1 (part), 2009: Ord. 2008-83 § 1 (part), 2008: Ord. 2007-1 § 1 (part), 2007)