HomeMy WebLinkAboutOrdinance #4154 ORDINANCE NO. 4154
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.70 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO OPENNESS IN LABOR NEGOTIATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.70.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.70.010 Applicability
This chapter shall apply to all labor negotiations between the City and any employee, group of
employees or City-recognized collective bargaining unit(s) (hereinafter "association")
(hereinafter collectively referred to as "Affected Employees")in the securing of labor agreements
in the form of Memorandums of Understanding ("MOU") or amendments thereto including "side
letters" with the City relating to and/or having a material relationship to wages, hours, and terms
and conditions of employment that are within the scope of bargaining.
Any discussions, meet and confers, negotiations, and/or other communications between the City
and association(s) Affected Employees regarding proposed changes to wages, hours, and/or any
other terms or conditions of employment within the scope of bargaining may also be referred to
in this chapter as "labor negotiations."
SECTION 2. Section 2.70.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.70.020 Pre-Negotiation, Meet and Confer on Ground Rules
The City Manager and/or designee(s) shall meet with Affected Employees regarding any and all
ground rules, including, but not limited to, confidentiality, at the commencement of Labor
Negotiations. Nothing within this Ordinance shall be construed to limit, bind or otherwise
dictate either party's position with respect to any mandatory subject of bargaining, including
ground rules. To the extent that any negotiated ground rules, including the confidentiality of
proposals, conflicts with any provisions of this Chapter 2.70, the negotiated ground rules will
control and supersede inconsistent provisions of this Ordinance.
SECTION 3. Section 2.70.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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2.70.030 Negotiator
A. Where an independent negotiator is deemed not necessary by the City Council for a
particular labor negotiation, the City Manager or designee will act as the lead negotiator
("designated negotiator") on behalf of the City. No designee may be a member of an
association.
B. An independent negotiator may be appointed by the City Council to lead the City in
labor negotiations. If an independent negotiator is deemed necessary by the City Council,
he or she shall: (1) not be an employee of the City; (2) not be a member of the public
pension plan that covers City employees; and (3) have a demonstrated expertise in
negotiating labor and employment agreements on behalf of municipalities.
C. The City Council may designate one or more executive or management level
employees to assist the designated or independent negotiator as deemed appropriate.
D. The City Council shall report out to the public the identity of the designated or
independent negotiator for each labor negotiation upon designation.
SECTION 4. Section 2.70.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.70.040 Negotiation Disclosures to Public
A. After the first submitted offer and counter-offer have been made, the City Council
shall report to the public within 24 hours of accepting or rejecting a submitted written
proposal or portion thereof from Affected Employees. The subject written proposal shall
be made public by posting on a designated area of the City's website. This section shall
not mandate publication of City Council-directed future proposals and/or the analytical
thought process utilized by the City Council in labor negotiations.
B. No verbal or written reports or publications to the public regarding offers and
counter-offers waive the attorney-client privileges that attach to closed session. All other
information communicated during closed session, excluding offers and counter-offers,
will remain subject to and covered by the privilege. By passing the ordinance codified in
this chapter, the City Council does not waive this privilege of confidentiality.
SECTION 5. Section 2.70.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. Except for the first offer and counter-offer made, the Director of Finance shall cause
to be prepared a report determining the fiscal impacts attributed to each term and
condition of employment of each subsequent written proposal (offer and/or counter-offer)
resulting from labor negotiations, using the current MOUs as a baseline. These cost
reports will be presented for review by the City Council, the affected association, and the
general public within 20 days after said proposal is made.
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B. The Director of Finance shall also cause to be prepared a report determining the
fiscal impacts attributed to each term and condition of employment in the final,
tentatively agreed upon labor agreement resulting from labor negotiations, which is
reduced to writing in the form of an MOU between the City and the association. This cost
report will be presented for review by the City Council, the affected employees, and the
general public at least 5 calendar days prior to the final MOU being acted upon by City
Council.
SECTION 6. Section 2.70.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.70.060 Council Member Disclosures
Each City Council member shall disclose both during closed sessions and publicly in open
sessions, the identity of any and all representatives of the Affected Employees with whom the
City Council member has had any verbal, written, electronic or other communication(s)
regarding a subject matter of pending labor negotiations.
SECTION 7. Section 2.70.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.70.070 Adoption of Memorandum of Understanding
A. A proposed MOU shall be introduced at the City Council not more than 30 days
after the initial City Council consideration and tentative approval.
B. At each City Council meeting, the proposed MOU shall be agendized as an
administrative item.
C. The rendering of a final City Council determination regarding adoption of an MOU
shall only be undertaken after the matter has been heard at a minimum of two open City
Council meeting, wherein the public has had the opportunity to review and comment on
the matter.
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SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the / V day of )'G ram:GLJ 2018.
Mayor
ATTEST: APPROVED AS ORM:
City Cleric ity Attorney W
REVIEW N APPROVED: I AT D AND APPAROVD:
Cr
Gdger Director of Human Resources
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Ord. No. 4154
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on February 20, 2018, and was again read to said City
Council at a Regular meeting thereof held on March 19, 2018, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: Brenden
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on March 29,2018.
In accordance with the City Charter of said City.
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
-,A4of Huntington Beach, California