Sec. 14-16(a). Purpose. The meet and consult process is used to provide for good faith consultation between the city manager or the manager's designee(s) and the representatives of the labor organizations to discuss new or modified conditions of employment that are proposed by the city manager outside of the meet and confer process and that are not already addressed in approved labor agreements. The meet and consult process is separate and distinct from the meet and confer and/or the meet and discuss processes defined in this chapter. The meet and consult process applies only as provided in this section.
Sec. 14-16(b). Applicability. The meet and consult process applies when all of the following conditions and circumstances are met:
1. The city manager intends to implement a new or modified condition of employment for city employees through the exercise of the manager's administrative authority or intends to recommend adoption of a new or modified condition of employment to the mayor and council; and
2. The proposed new or modified condition of employment applies to all city employees across the various city departments and divisions; and
3. The failure of an employee to satisfy the new or modified condition of employment subjects that employee to discipline up to and including termination; and
4. The new or modified condition of employment is not already addressed in the city's approved labor agreements.
Sec. 14-16(c). Process. Except as provided in subsection (d) below, the meet and consult process will be as follows:
1. The city manager or the manager's designee will provide written notice to the labor organizations of the proposed new or modified condition of employment not less than twenty (20) days prior to the date of administrative implementation; or in the case of a condition of employment that the manager will recommend to the mayor and council for approval, not less than twenty (20) days prior to the date for mayor and council consideration of that recommendation. The written notice will provide a description of the proposed new or modified condition of employment, and the sanctions for an employee's failure to comply.
2. The city manager or the manager's designee(s) will meet in good faith with representatives of the labor organizations not less than ten (10) days prior to the date of implementation or the date of mayor and council consideration (whichever applies) to provide the labor organizations the opportunity to discuss, comment and consult with the manager or designee(s) relating to the proposed new or modified condition of employment.
3. In the case of a proposed new or modified condition of employment that the city manager recommends to the mayor and council for approval and that is subject to the meet and consult process provided under this section, the labor organizations will be provided an opportunity to submit written comments on the proposed new or modified condition of employment to the mayor and council and to address the mayor and council during the public meeting at which the mayor and council consider the adoption and approval of the proposed new or modified condition of employment.
Sec. 14-16(d). Emergency Measures. If the city manager determines in writing that the new or modified condition of employment must be implemented immediately as an emergency measure in order to protect, promote or preserve the health and safety of city employees and/or the community, the procedures described in subsection (c) above do not apply. However, in the event that the city manager proceeds with the implementation of a new or modified condition of employment as an emergency measure under this subsection (d), the city manager will:
1. Provide written notice of the new or modified condition of employment to the labor organizations, using the email addresses provided by the labor organizations for such emergency notifications, within seventy-two (72) hours of the time of the emergency implementation; and
2. Meet with representatives of the labor organizations within five (5) days of the date of emergency implementation to provide the labor organizations the opportunity to discuss, comment and consult with the manager or designee(s) relating to the new or modified condition of employment.
3. Any new or modified condition of employment implemented as an emergency measure as provided in this section is temporary and shall expire forty-five (45) days after implementation if the meet and consult meeting has not yet occurred as of that date, through no fault of the labor organizations.
All discipline contemplated by the new or modified condition of employment shall be stayed until after the meet and consult meeting has been held.
(Ord. No. 12069, § 2, 1-23-24)