A. The purpose of this section is to establish a meet and confer process within the parameters set forth in Arizona Attorney General Opinion No. 106-004 (R06-008) to develop mutual recommendations in the form of a memorandum of understanding for submittal to the board. The goals of the meet and confer process shall include the provision of high quality services, the facilitation of harmonious relations between employees and county management, enhancing employee performance, maximizing efficiency, and reducing costs and, therefore, the tax burden on county residents. The meet and confer process may include discussions of work issues including wages, benefits, merit system rules, personnel policies or other terms and conditions of employment. As the processes outlined in this chapter are for a public purpose, the parties may agree to provide paid release time for employees to conduct activity for an authorized employee organization.
B. Upon recognition of an employee organization as the authorized representative of eligible county employees, the county administrator and the employee organization shall within a reasonable time and by mutual agreement establish a meet and confer process. The process may include any committees, organizational structure, processes or schedules to facilitate communication and achieve mutual goals and may be mutually changed as necessary and appropriate.
C. County management shall meet and confer with an authorized employee representative upon the authorized employee representative's request. Representatives of county management and the authorized employee representative shall meet at mutually agreed upon times and places and confer in good faith with sincere resolve to reach an agreement which will be committed to a written memorandum of understanding proposal to the board of supervisors.
1. The process shall begin with a written request to meet and confer from an authorized employee organization. Within ten business days from the receipt of the employee organization's request, representatives of the employee organization and the county management's designated representative(s) shall begin meeting and conferring on a bi-weekly basis or as mutually agreed. Meetings shall continue until an agreement is reached or impasse is declared by either party. Those areas where there is no agreement shall be outlined as areas in dispute. If agreement is reached on all areas, the written agreement shall be submitted to the board of supervisors as the proposed memorandum of understanding.
2. If either party declares impasse or anytime after the forty-fifth calendar day after the initial meet and confer meeting, either party may request a neutral mediator to assist the parties to reach an agreement. The mediator shall be from the Federal Mediation and Conciliation Service or a non-employee of the county who is mutually agreed upon by the county and the employee organization.
3. Anytime after the sixtieth calendar day after the initial meet and confer meeting, either party may request the appointment of a fact-finder. The parties will attempt to mutually agree on a permanent fact-finder for disputes arising under this section. If the parties cannot agree on a fact-finder, they will request that the American Arbitration Association appoint a fact-finder. All issues not previously agreed upon will be submitted to the fact-finder, who shall issue an advisory opinion to both parties no later than thirty calendar days after submission of the issue.
4. Notwithstanding the time limits listed in this section, by no later than June 1, all areas of agreement, areas in dispute and areas still under consideration, along with the recommendation of the fact-finder, shall be submitted to the board of supervisors for their consideration.
D. Final action by the board of supervisors shall constitute the memorandum of understanding which, after enactment by the board of supervisors, shall have the binding status of an enactment of the board of supervisors. In the event there is a conflict between the county's personnel policies, merit system rules or other rules and regulations and an enacted memorandum of understanding, the memorandum of understanding shall supersede the personnel policies and rules and regulations to the extent permitted by law. Notwithstanding any recommendations or provisions of memorandum of understanding, the board retains its executive and legislative power and authority to act unilaterally at any time, whether or not such board action is consistent with any of the provisions of any such memorandum of understanding, in any case, the board may accept, reject or modify any such memorandum of understanding resulting from the meet and confer process in whole or in part, or may take whatever action it deems appropriate consistent with applicable laws. All such actions taken by the board that incur cost to the county are subject to annual appropriation by the board, as it deems appropriate, within each county budget. Upon recognition of a successor organization under section 2.20.030(D), the predecessor organization's rights and duties under the memorandum of understanding are automatically assigned to the successor organization.
E. The authorized representative or the county administrator may at any time make recommendations, communicate with, or report to the board on any work issue or the status of any discussion within the meet and confer process.
F. Nothing in this chapter shall prevent the board or county elected or appointed officials from acting unilaterally in exercising any powers or fulfilling any duties, responsibilities or deadlines conferred or imposed by law, including the powers and duties of the county administrator as set forth in Chapter 2.12 of this code.
G. All activities of and county employees and officials who participate in the meet and confer process are subject to the requirements of Section 2.12.090 of this code relating to noninterference and board of supervisors policy number C2.1 relating to code of ethics.
H. In the event there is a dispute regarding the interpretation or exercise of the rights and processes set forth in this chapter, the authorized employee representative may submit the matter to fact-finding using the process set forth in Section 2.20.50(C) above. The opinion of the fact-finder shall be submitted to the board of supervisors for its consideration.
(Ord. 2018-1 § 1 (part), 2018; Ord. 2009-69 § 1 (part), 2009: Ord. 2008-83 § 1 (part), 2008: Ord. 2007-1 § 1 (part), 2007)