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HomeMy WebLinkAboutCity Council - 3335 �y RESOLUTION NO. 3335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING RULES AND REGU- LATIONS FOR THE CONDUCT OF EMPLOYER-EMPLOYEE RELATIONS WITHIN SAID CITY WHEREAS, Chapter 10 , Division 4, Title 1 of the Government Code of the State of California was amended, effective January 1, 1969 , for the purpose of promoting improved employer-employee relations between public employers and employees by establishing uniform and orderly methods of communication between employees and the public agencies by which they are employed; and Government Code Section 3507 empowers a city to adopt reason- able rules and regulations after consultation in good faith with representatives of its employee organizations for the administra- tion of employer-employee relations ; and The City of Huntington Beach desires to adopt such reason- able rules and regulations as authorized by law,. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : SECTION 1 TITLE OF RESOLUTION This resolution shall be known as the "Employer-Employee Relations Resolution of the City of Huntington Beach. " SECTION 2 STATEMENT OF PURPOSE The purpose of this resolution is to implement Chapter 10 , Division 4 , Title l of the Government Code of the State of Cali- fornia (Sections 3500 et seq. ) , captioned "Public Employee Or- ganizations , " by providing orderly procedures for the adminis- tration of employer-employee relations between the city and its employees and for resolving disputes regarding wages , hours and other terms and conditions of employment . This resolution is 1 . intended to establish uniform and orderly methods of communi- cation between the city and its employees . SECTION 3 DEFINITIONS As used in and for the purpose of this resolution, the following terms shall have the meanings indicated: 3-1. BOARD shall mean the Personnel Board of the City of Huntington Beach . 3-2 . CITY shall mean the City of Huntington Beach . 3-3 • CITY COUNCIL shall mean the City Council of the City of Huntington Beach. 3-4 . EMPLOYEE shall mean any person regularly employed by the city except elected officials . 3-5 • EMPLOYEE, CONFIDENTIAL shall mean any employee who, in the regular course of his duties, has access to, or possesses information relating to decisions of city management affecting employer-employee relations . 3-6 . EMPLOYEE, MANAGEMENT shall mean employees having the responsibility for formulating and administering city policies and programs including, but not limited to, depart- ment heads, assistant department heads and such other manage- ment personnel as may be designated by the Personnel Director. 3-7 . EMPLOYEE, PROFESSIONAL shall mean employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, in- cluding but not limited to, attorneys, physicians, nurses, en- gineers, architects, librarians and various types of physical, chemical and biological scientists . 3-8. EMPLOYEE RELATIONS shall mean the relationship be- tween the city and its employees and their employee organiza- tions , or when used in a general sense, the relationship between management and employees or employee organizations . 3-9 • EMPLOYEE, SUPERVISORY shall mean employees having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly direct them, or to adjust their grievances , or ef- fectively to recommend any of the foregoing actions, if, in connection with the foregoing, the exercise of such authority 2 . is not of a merely routine or clerical nature, but requires the use of independent judgment . 3-10 . IMPASSE shall mean a deadlock in the discussions be- tween a recognized employee organization and the city over any matter concerning which they are required to meet and confer in good faith, or over the scope of such subject matter . 3-11 . MEET AND CONFER IN GOOD FAITH shall mean the per- formance by duly authorized city representatives and duly author- ized representatives of a recognized employee organization of their mutual obligation to meet at reasonable times and to confer in good faith in order to exchange freely information, opinions , and proposals, and to endeavor to reach agreement on matters within the scope of representation. This does not com- pel either party to agree to a proposal or to make a concession. 3-12 . PERSONNEL DIRECTOR shall mean the Personnel Direc- tor of the City of Huntington Beach . 3-13 . RECOGNITION shall mean acknowledgment by the Per- sonnel Director that an employee organization is the exclusive representative of all the employees in an appropriate unit , as determined by the Personnel Director, except employees in such unit who have elected to represent themselves . 3-14 . RECOGNIZED EMPLOYEE ORGANIZATION shall mean an em- ployee organization which has been granted recognition by the Personnel Director as the employee organization which has the right to meet and confer in good faith as the exclusive or- ganizational representative of all members of an appropriate unit except those members in such unit who elect to represent themselves . 3-15 . SCOPE OF REPRESENTATION shall mean all matters re- lating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment . City rights , as defined in Sec- tion 5 herein, are excluded from the scope of representation. SECTION 4 EMPLOYEE RIGHTS 4-1 . RIGHTS ENUMERATED. Employees shall have the fol- lowing rights : (a) To form, join and participate in the activities of em- ployee organizations of their own choosing for the purposes of representation on all matters of employee relations . 3 . (b) To refrain from joining or participating in the ac- tivities of employee organizations . (c) To represent themselves individually at any in their employee relations . (d) Professional employees have the right to be repre- sented separately from nonprofessional employees by a pro- fessional employee organizat'lon consisting of such professional employees . 4-2 . INTERFERENCE PROHIBITED . Neither the city, nor any employee organization, nor any employee, shall interfere with, intimidate, restrain, coerce, or discriminate against any em- ployee or employees because of the rights guaranteed hereunder. 4-3 . EXCEPTIONS . Management and confidential employees who are members of employee organizations which represent employees who are not management or confidential employees shall not represent such employee organizations on matters within the scope of representation. Supervisory employees who are members of employee organi- zations which represent employees who are not supervisory em- ployees shall not serve as representatives of such organiza- tions in any stage of the grievance procedure . Nothing herein shall be construed to give employees the right to strike, and any employee who, directly or indirectly, by any means whatsoever, encourages, causes or participates in any strike, walkout, stoppage or retarding of work, or any other interference with the conduct of the city ' s operations, shall be subject to discharge or other disciplinary action in the sole discretion of the city . SECTION 5 CITY RIGHTS 5-1. RIGHTS ENUMERATED. Except as otherwise specifically provided in this resolution, or amendments or revisions thereto, the city has and retains the sole and exclusive rights and func- tions of management, including, but not limited to, the follow- ing: (a) To determine the merits, necessity, nature or extent of services to be performed, as well as the right to determine and implement its public function and responsibility, and the mission of its constituent departments, commissions and boards . (b ) To manage all facilities and operations of the city, 4 . including the methods , means and personnel by which the city ' s operations are to be conducted. (c ) To schedule working hours, allot and assign work . (d) To establish, modify or change work schedules or standards . (e) To direct the working forces, including the right to hire, promote, demote, or transfer any employee . (f) To determine the location of all plants and facilities . (g) To determine the layout and the machinery, equipment or materials to be used. (h) To determine processes, techniques, methods and means of all operations , including changes or adjustments of any machinery or equipment . (i) To determine the size and composition of the working force . (j ) To determine the policy and procedure affecting the selection or training of new employees . (k) To establish, assess and implement employee per- formance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment . (1) To control and determine the use of city ' s property, material, machinery and equipment . (m) To schedule the operation of and to determine the number and duration of shifts . (n) To determine measures to promote safety and to protect health and property . (o) To transfer work from one job to another or from one plant or unit to another. (p) To introduce new, improved or different methods of operations , or to change existing methods . (q) To relieve employees from duty for lack of work or for other reasons deemed legitimate by management . (r) To reprimand, suspend, discharge or otherwise discip- line employees for cause . The judgment of management shall 5 . govern except for an abuse of discretion. (s) To establish and determine job classifications . (t) To contract or subcontract construction, services, maintenance, distribution or any other work with outside pub- lic or private entities . (u) To take such other and further action as may be nec- essary to organize and operate the city in the most efficient and economical manner for the best interest of the public it serves . 5-2 . CITY' S REPRESENTATIVE DESIGNATED. The City Council hereby designates the Personnel Director as the city 's princi- pal representative in all matters of employer-employee rela- tions, with authority to meet and confer in good faith on matters within the scope of representation. SECTION 6 EMPLOYEE ORGANIZATIONS 6-1. RECOGNITION OF . Recognition shall be granted to employee organizations by the Personnel Director in accord- ance with the following: (1) Only one employee organization shall be granted rec- ognition as the recognized employee organization, entitled to meet and confer in good faith within the scope of representa- tion, for employees in a unit deemed appropriate by the Per- sonnel Director, with the exception of self-representing em- ployees . (2) The Personnel Director, at his option and sole dis- cretion, shall determine which employee organization shall represent all employees (except self-representing employees) in the unit deemed appropriate by the Personnel Director, in one or more of the following ways : (a) The employee organization files with the Personnel Director a verified petition for recog- nition meeting the requirements of Section 6-2 of this resolution. (b ) The Personnel Director may arrange for a secret ballot election to determine representation rights within an appropriate unit . (c) Any other reasonable method which is based 6 . upon written proof and is designed to ascertain the will of a majority of all the employees in such ap- propriate unit . 6-2 . PETITION FOR RECOGNITION. THE RIGHT TO MEET AND CONFER IN GOOD FAITH. An employee organization that seeks recognition for the purpose of meeting and conferring in good faith as the representative of all the employees in an appropriate unit shall file a petition with the Personnel Director containing the following information and documen- tation: (1) Name and address of the employee organization. (2) Names and titles of its officers . (3 ) Names of employee organization representatives who are authorized to speak on behalf of its members . (4) A statement that the employee organization has , as one of its primary purposes, representing employees in their employment relations with the city . (5) A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or inter- national organization and, if so, the name and address of each such regional, state or international organization. (6) Certified copies of the employee organization 's con- stitution and bylaws . (7) A designation of those persons, not exceeding two (2) in number, and their addresses , to whom notice by regular United States mail will be deemed sufficient notice on the em- ployee organization for any purpose . (8) A statement that the employee organization recog- nizes that the provisions of Section 923 of the California Labor Code are not applicable to city employees . (9) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, age or national origin. (10) The job classifications or titles of employees in the unit claimed to be appropriate and the number of member employees therein. (11) A statement that the employee organization has in its possession written proof, dated within six (6) months of 7 . the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed to be appro- priate, have designated the employee organization to repre- sent all employees in such unit in their employment relations with the city . Such written proof shall be submitted for confirmation to the Personnel Director. (12) A request that the Personnel Director recognize the employee organization as the representative of all of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all mat- ters within the scope of representation. 6-3 . DURATION OF RECOGNITION. When an employee organization has been recognized, such recognition shall re- main in effect until such time as the recognized employee organization is decertified or the appropriate unit repre- sented by such recognized employee organization is modified, as provided in Section 7 . 6-4 . RESTRICTION ON REPRESENTATION. No employee shall be represented by more than one recognized employee organi- zation. 6-5 . APPROPRIATENESS OF UNITS . The Personnel Di- rector, after reviewing the petition filed by an employee organization seeking recognition, shall determine whether the proposed unit is an appropriate unit . The principal criterion in making this determination is whether there is a community of interest among such employees . The following factors , among others, are to be considered in making such determination: (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this resolution. (2) The history of employee relations in the unit, among other employees of the city and in similar public employment . (3) The effect of the unit on the efficient operation of the city and sound employer-employee relations . (4) The extent to which employees have common skills , working conditions , job duties or similar educational require- ments . (5) The effect on the existing classification structure of dividing a single classification among two or more units . v g i gle g Provided, however, no unit shall be established solely 8 . on the basis of the extent to which employees in the proposed unit have organized . SECTION 7 DECERTIFICATION AND MODIFICATION 7-1 . DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATIONS . (a) A petition for decertification alleging that a recog- nized employee organization is no longer entitled to represent all of the employees in an appropriate unit may be filed with the Personnel Director only during the months of October through December of any year following the first full year of recogni- tion (e.g. , for an employee organization granted recognition on December 1 , 1970 , a petition for decertification could not be filed until December 1, 1971) . The petition for decertification may be filed by an employee , a group of employees or their rep- resentative , or an employee organization. The petition, in- cluding all accompanying documents , shall be verified. It may be accompanied by a petition for recognition by a challenging organization . The petition for decertification shall contain the following information : ( 1) The name , address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (2) The name of the recognized employee organi- zation. (3 ) An allegation that the recognized employee organization is no longer entitled to represent all of the employees in the appropriate unit , and any other relevant and material facts . (4) Written proof that at least thirty percent ( 30%) of the employees in the unit do not desire to be repre- sented by the recognized employee organization. Such written proof shall be dated within six (6) months of the date upon which the petition is filed and shall be sub- mitted for confirmation to the Personnel Director or to a mutually agreed upon disinterested third party . (b ) When the Personnel Director determines that there has been compliance with the information requirements for the pe- tition for recognition, he shall arrange for a secret ballot election to determine if the recognized employee organization shall retain its recognition. (c ) Whenever less than thirty percent (30%) of the em- 9 . ployees in an appropriate unit have authorized dues checkoff, the Personnel Director may call a secret ballot election. (d) The Personnel Director shall revoke the recog- nition of a recognized employee organization which has been found by secret ballot election is no longer entitled to rep- resent all employees in an appropriate unit . 7-2 . MODIFICATION OF ESTABLISHED UNIT. A petition for modification of an established unit may be filed by an em- ployee organization with the Personnel Director during the same period for filing a petition for decertification, and petition for modification shall contain the following in- formation : (a) The name , address and telephone number of the pe- titioner and a designated representative authorized to re- ceive notices or requests for further information. (b ) The name of the recognized employee organization that currently represents the employees in the established unit (c) An allegation that the established unit is no.:,longer appropriate and all relevant facts in support of such alle- gation. (d) Written proof that at least thirty percent ( 30%) of the employees within the proposed modified unit have desig- nated the petitioning employee organization to represent them in their employment relations with the city . The Personnel Director shall determine the appropriate unit which may be the existing unit , the proposed-modified unit , or some other appropriate unit . After the Personnel Director determines the appropriate unit arising out of the operation of this section, he shall then follow the procedures set forth in Section 6-1 for deter- mining recognition rights in such unit . SECTION 8 MEMORANDUM OF AGREEMENT 8-1 . MEMORANDUM OF AGREEMENT. TERMS AND CONDITIONS . All matters of employer-employee relations within the scope of rep- resentation for all employees in any unit represented by a recognized employee organization, or any individual employee representing himself, shall remain the same from year to year unless on or before March 1 of the calendar year 1972 , and 10 . lea •c f March 1 of each calendar year thereafter, proposals in writ- ing identifying the areas within the scope of representation to be covered in negotiations are filed with the Personnel Di- rector by such recognized employee organization, or such in- dividual employee , or the City Council . For the calendar year 1971 such proposals shall be filed on the effective date of this resolution. All memoranda of agreement approved by the Council shall be effective on July 1 of each year unless other provision is made , and the funding thereof shall be included in the city 's budget . No increase or improvement of wages , hours or other terms or conditions of employment within the scope of representation shall be effective for employees represented by recognized employee organizations except by means of memoranda of agree- ment signed by such recognized employee organizations and the Personnel Director, and approved by the City Council . 8-2 . APPROVAL OF. If agreement is reached by and between the Personnel Director and the recognized employee organization, on matters within the scope of representation, they shall jointly prepare a Iritten memorandum of agreement . Said agreement shall not be binding, nor of any force or effect , unless and until approved by the City Council. In the event the Council does not approve said agreement , the Council shall refer such agreement back to the Personnel Director to make an additional attempt to meet and confer in good faith with the recognized employee organization to reach agreement which will be acceptable to the City Council . Such agreement , as changed and modified , shall not be binding, nor of any force or effect , unless and until approved by the City Council . SECTION 9 IMPASSE 9-1 . IMPASSE MEETING. REQUEST FOR. If, after a rea- sonable period of time , the Personnel Director and the rep- resentatives of the recognized employee organization have exhausted all possible means of reaching agreement , either party may , by written communication to the other, request an impasse meeting. Within ten (10 ) calendar days after re- ceipt of the written request , there shall be an impasse meeting between the parties to : (1) Make one more attempt to reach agreement . 11. (2) Identify and reduce to writing the issue or issues in conflict . (3) Select by mutual consent , the type of impasse pro- cedure to be used. 9-2 . IMPASSE PROCEDURES . TYPES OF. Any of the fol- lowing procedures may be selected in order to resolve an im- passe : (a) Mediation (or Conciliation) . The mediator shall make no public recommendations nor take any public position concerning the issues . Mediation shall be con- ducted under the rules of the California State Conciliation Service . (b ) Fact Finding. The Fact Finder shall report his findings only to the parties involved and the Personnel Board. Fact finding shall be conducted under the rules and regulations of the American Arbitration Association. (c) Advisory Arbitration . To be conducted under the rules and regulations of the American Arbitration Asso- ciation. The arbitrator' s recommendations will be submitted to both parties and the Personnel Board. (d) Personnel Board Hearing., The impasse may be referred to the Personnel Board for a hearing and recom- mendation to the City Council . When an impasse is resolved in accordance with the pro- cedures set forth in this section, the memorandum of agree- ment shall be modified accordingly , and such modified memo- randum of agreement shall be submitted to the Personnel Board for review and recommendation to the City Council . Said modi- fied agreement shall not be binding, nor of any force or ef- fect, unless and until approved by the City Council . If no agreement can be reached on the impasse procedure to be used pursuant to this section within ten (10 ) days after the impasse meeting, such impasse will be automatically sub- mitted to the Personnel Board at private session for deter- mination, and such determination shall be final as between the recognized employee organization and the Personnel Director . The Personnel Director and the recognized employee organization shall have the right to notice , attendance , opportunity to be heard and present relevant evidence to the Board at such pri- vate session. After reaching its determination which shall not be subject to further review, the memorandum of agree- ment shall be modified in accordance therewith, and such 12 . I memorandum of agreement , as modified, shall be transmitted, together with a written report from the Personnel Board , to the City Council for approval . Such memorandum of agreement , as so modified, shall not be binding, nor of any force or effect , unless and until approved by the City Council . 9-3 . PROCEDURES GENERALLY. The following provisions shall apply to all impasse procedures : (a) Costs , if any , of impasse procedure will be borne equally by the parties . (b ) All sessions under impasse procedure shall be pri- vate . (c) The result of any impasse procedure is subject to approval of the City Council . SECTION 10 EMPLOYEE ORGANIZATION RIGHTS 10-1. REASONABLE TIME OFF TO MEET AND CONFER. The rec- ognized employee organization may select not more than two (2 ) employee members of such organization to attend scheduled meetings with the Personnel Director or other management of- ficials on subjects within the scope of representation during regular work hours without loss of compensation. Where cir- cumstances warrant , the Personnel Director may approve the attendance at such meetings of additional employee represen- tatives without loss of compensation . The recognized em- ployee organization shall submit the names of all such em- ployee representatives to the Personnel Director at least two (2 ) working days in advance of such meetings . Provided that : (a) No employee representative shall leave his duty or work station or assignment without specific approval of the department head or other authorized city management official . (b ) Any such meeting is subject to scheduling by the Personnel Director in a manner consistent with operating needs and work schedules . 10-2 . ACCESS TO WORK LOCATIONS . Reasonable access to employee work locations shall be granted representatives of recognized employee organizations for the purpose of pro- cessing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location 13 . without the consent of the department head or his designated representative . Access may be restricted so as not to inter- fere with the normal operations of the department or with established safety or security requirements . Solicitation of membership and activities related to management of an employee organization, such as collecting dues , holding membership meetings , campaigning for office , conducting elections and distributing literature, will not be permitted during working hours . 10-3 . BULLETIN BOARDS . Recognized employee organiza- tions may use portions of city bulletin boards under the fol- lowing conditions : (a) All material must receive the approval of the de- partment or division head in charge of the departmental bulle- tin board. (b ) All material must be dated and must identify the organization that published it . (c) The actual posting of material will be done by a representative of the recognized employee organization after approval by the department head . Unless special arrangements are made, material posted will be removed thirty-one (31) days after the posting date by a representative of the recog- nized employee organization. Material which the department head considers objectionable will not be posted, provided , however, that his decision not to post such material has first been discussed with the Personnel Director. (d) The city reserves the right to determine where bulle- tin boards shall be placed and what portion of them are to be allocated to the use of recognized employee organizations . (e) A recognized employee organization which does not abide by these rules may forfeit its right to post materials on city bulletin boards . 10-4 . USE OF CITY FACILITIES . Recognized organizations , with the prior approval of the Personnel Director, may be per- mitted to use city facilities , if available , during nonwork hours to hold employee meetings . All such requests shall be in writing and shall state the purpose or purposes of the meeting. The city reserves the right to assess reasonable charges for the use of any such facilities , and any damage thereto . 14 . 10-5 . AVAILABILITY OF INFORMATION. The city will make available to recognized employee organizations such nonconfi- dential information pertaining to employment relations as is contained in the public records of the city, subject to the limitations and conditions set forth in this section and Sections 6250 through 6260 of the Government Code . Recognized employee organizations will make available to city such nonconfidential information pertaining to wages , hours and conditions of employment as the organization intends to use in its conferences with the city, subject to the con- ditions and limitations set forth in this section. Such information shall be made available during regular office hours in accordance with the city ' s rules and regu- lations for making public records available and after payment of reasonable costs , if any . Regularly-published data covering subjects under discussion will be made available to recognized employee organizations and the city . Data from a confidential source may , at the discretion of the Personnel Director, be disseminated, provided that the source of such data is not revealed. Nothing in this section shall be construed as requiring the disclosure of the following: (a) Personnel, medical and similar files , the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to the principles of the competitive service . (b) Records which are not retained in the ordinary course of business , or any information which it is clearly against the public interest to reveal . (c ) Records pertaining to pending litigation in which the city is a party , or records of claims or appeals which have not been settled. Nothing in this section shall be construed as requiring the city to perform research, or to program or assemble data when such functions are not usually included in the services performed by the city . 10-6 . DUES DEDUCTION. Only recognized employee organi- zations shall be granted permission to have regular dues de- ducted from the pay checks of its members in accordance with procedures prescribed by the Personnel Director. Dues shall be deducted in even amounts only, and only 15 . upon the voluntary , written authorization of the member. Dues deduction authorization may be cancelled and such deduction discontinued at . any time by the member upon voluntary , written notice .to the Personnel Director. Such cancellation shall become effective during the second payroll period following receipt of such written. noticee . Dues .deduction authorization or cancellation shall be made on cards approved by the Per- sonnel Director. The employee ' s earnings must be sufficient to cover stand- ard payroll. deductions as well as the amount as.sessed by the recognized employee . organization as dues . No dues shall be withheld for any member of a recognized . employee organization during any period that such member .is in a nonpay status . Mem- bers of recognized employee organizations who are . off the city ' s payroll, and who desire to keep their. membership in the recog- nized employee organization current , may pay dues directly to such recognized employee organization. Dues withheld by the city shall be transmitted to. the officer designated in writing by the recognized employee organi- zation as the officer authorized to receive such funds , at the address specified. All recognized employee organizations which receive dues check-off shall indemnify and hold the City of Huntington Beach harmless against any and all claims and against any suit insti- tuted against the City of Huntington Beach arising out of such check-off of dues . In addition, upon presentation of supporting evidence , all such recognized employee organizations shall re- fund to the City of Huntington Beach any amounts paid to it in error. SECTION 11 PERSONS NOT IN UNITS PERSONS NOT IN UNITS . Employees not included within an appropriate unit and therefore not represented by a recognized employee organization, and elected department heads shall have their base salary ranges , fringe benefits and other terms and conditions of employment , insofar as such do not conflict with the city Charter, determined in accordance with the following procedure : ( 1) Not less than one ( 1) month prior to the time the annual city budget is presented to the City Council for adop- tion, the Personnel Director shall assemble .relevant data and information pertinent to the matters encompassed by this sec- tion and shall discuss such data and information with the 16 . person concerned who shall have the right to present to the Personnel Director relevant data and . information which shall be duly received and considered by the Personnel Director. (2) The Personnel Director shall then present , in written and oral form, such relevant data and information to the Per- sonnel Board in private session with respect to which the per- son concerned shall have the following rights : to prior notice ; to attendance ; to be heard and present relevant data and in- formation. The Personnel Board shall make findings and con- clusions based on all relevant data and information received by it at such session, and shall prepare and transmit to the City Council its written report , including such findings , con- clusions and recommendations , prior to the time the annual city budget is presented to the City Council for adoption. (3) After duly considering the written report and recom- mendations of the Personnel Board , the City Council shall, by resolution, determine the matters with which this section is concerned. In the event the City Council rejects the report and recommendations of the Personnel Board , the Personnel Director and the person concerned shall have the opportunity to appear before and be heard by the City Council in private session with respect to which the person concerned shall have the same rights as enumerated in subsection (2)_ above of this section, prior to the determination by the City Council of such matters , and such determination shall be based on rele- vant data and information. (4) All salary and other adjustments made pursuant to this section shall be effective as of July 1 of each year unless other provision is made , and the funding thereof shall be included in the city ' s budget . (5) The purpose of this section is to determine salary and other adjustments for a position without regard to the individual occupying such position . SECTION 12 NOTICE Except in cases of emergency , the city shall give reason- able , written notice to each recognized employee organization of any ordinance , rule , resolution or regulation directly re- lating to matters within the "scope of representation proposed to be adopted by the city , and shall provide such recognized employee organization the opportunity to meet with the city . In cases of emergency when the city determines that an 17 . ordinance, rule , resolution or regulation must be adopted im- mediately without prior notice or meeting with recognized em- ployee organizations , the city shall provide opportunity to meet at the earliest practicable time following the adoption of such ordinance , rule , resolution or regulation . SECTION 13 PEACEFUL PERFORMANCE Any employee organization which, directly or indirectly , by any means whatsoever, engages in, induces , condones or en- courages any employee to engage in a strike , walkout , stoppage , or retarding of work, or any other interference with the con- duct of the city 's operations , shall lose all rights hereunder, including but not limited to, suspension or revocation of recognition, cancellation of payroll deductions , prohibition of access to work or duty stations and bulletin boards . How- ever, no such rights shall be lost by any such employee organi- zation without prior notice , public hearing, opportunity to be heard and to present evidence to the City Council by such em- ployee organization. SECTION 14 GENERAL PROVISIONS 14-1 . CONDUCT OF ELECTIONS . Wherever a secret ballot election is provided for by this resolution, such election shall be conducted by the California State Conciliation Service , and there shall be no more than one election in any one unit in any twelve-month period. In any election held pursuant to this resolution, the re- sult of such election shall be determined by a majority of all members in the unit eligible to vote in such election. 14-2 . STATUS OF RECOGNIZED EMPLOYEE ORGANIZATIONS . The enactment of this resolution shall not alter or modify the recognition of existing recognized employee organizations . 14-3 . SUBPOENAS . The City Clerk, upon the request of the Personnel Director or any recognized employee organization, shall be authorized to issue subpoenas to compel the attend- ance of witnesses in any proceeding under this resolution. 14-4 . DECISION. APPEAL FROM. Any provision of this resolution to the contrary notwithstanding, any decision of the Personnel Director made pursuant to this resolution may be ap- pealed to the Personnel Board by any employee organization or 18 . self-representing employee , adversely affected by such de- termination, or by the City Council . Any decision of the Personnel Board made pursuant to this resolution may be appealed to the City Council by any employee organization, or self-representing employee , ad- versely affected by such determination, or by the City Council. This section shall not apply to any determination made by either the Personnel Director or the Personnel Board in connection with the impasse procedures pursuant to Section 9-2 of this resolution . Notice in writing by mail of all determinations of the Personnel Director or the Personnel Board pursuant to this resolution must be served upon the employee organization or the self-representing employee concerned, and the City Council, within five (5) days after such determination is made . No ap- peal from any such determination may be made unless a written notice of appeal is filed with the Personnel Board , in the case of an appeal to the Personnel Board , or with the City Council, in the case of an appeal to the City Council , within ten (10 ) days following the date of service of notice of such determination, as provided herein . The date of mailing of such notice of determination, as provided herein, shall be conclusively deemed the date of service thereof. SECTION 15 CONSTRUCTION Nothing in this resolution shall be construed as deny- ing the city or any person or employee the rights granted by Federal and State laws , and city Charter provisions or ordi- nances adopted pursuant thereto . The rights , powers and authority of the City Council in all matters , including the right to maintain any legal action, shall not be modified or restricted by this resolution. The provisions of this resolution are not intended to conflict with the provisions of Chapter 10 , Division 4 ' Title 1 of the Government Code of the State of California (Sections 3500 et seq . ) , and any amendments or revisions thereto . 19 . SECTION 16 SEVERABILITY If any section, subsection, sentence, clause , phrase or portion of this resolution, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this reso- lution or its application to other persons . The City Council hereby declares that it would have adopted this resolution and each section, subsection, sentence , clause , phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections , . subsections, sentences , clauses , phrases or portions , or the application thereof to any person, be declared invalid or unconstitutional . SECTION 17 REPEAL Resolution No . 2468 is hereby repealed , and all resolu- tions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lst day of June , 1971 . Q. Mayor ATTEST : 62.tve City , e r k APPROVED AS TO FORM: City Attorn 20 . Res. No. 3-335 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified and acting 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 1st day of June , 19 71 , by the following vote: AYES: Councilmen: Bartlett , Gibbs , Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley, Green City Clerk and x-officio Clerk of the City Council of the City of Huntington Beach, California