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HomeMy WebLinkAboutCity Council - 3461 RESOLUTION NO . 3461 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3335 TO DESIGNATE THE CITY ADMINISTRATOR AS THE CITY 'S PRINCIPAL REPRESENTATIVE IN ALL MATTERS OF EMPLOYER-EMPLOYEE RELATIONS The City Council of the City of Huntington Beach does hereby resolve that Resolution No . 3335 entitled, "A Resolu- tion of the CityCouncil of the City of Huntington Beach Y � Adopting Rules and Regulations for the Conduct of Employer- employee Relations within said City, " is hereby amended by amending the following sections only, to read as follows : 5-2 . CITY'S REPRESENTATIVE DESIGNATED . The City Council hereby designates the City Administrator, or any person desig- nated by him, as the city ' s principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of repre- sentation. 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 recog- nized employee organization, or any individual employee repre- senting himself, shall remain the same from year to year unless on or before March 1 of the calendar year 1972 , and March 1 of each calendar year thereafter, proposals in writing identifying the areas within the scope of representation to be covered in negotiations are filed with the Personnel Director by such rec- ognized employee organization, or such individual employee , or the City Council . 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 em- 1 . ployee organizations except by means of memoranda of agree- ment signed by such recognized employee organizations and the City Administrator, and approved by the City Council . 8-2 . APPROVAL OF . If agreement is reached by and be- tween the City Administrator and the recognized employee or- ganization, on matters within the scope of representation, they shall jointly prepare a written memorandum of agreement . Said agreement shall not be binding, nor of any force or ef- fect , 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 City Ad- ministrator 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. 9-1 . IMPASSE MEETING. REQUEST FOR. If, after a rea- sonable period of time , the City Administrator and the repre- sentatives of the recognized employee organization have ex- hausted 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 receipt of the written request , there shall be an impasse meeting between the parties to : (1) Make one more attempt to reach agreement . ( 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 follow- ing procedures may be selected in order to resolve an impasse : (a) Mediation (or Conciliation) . The mediator shall make no public recommendations nor take any public position concerning the issues . Mediation shall be conducted under the rules of the California State Conciliation Service . (b ) Fact Finding. The Fact Finder shall report his find- ings 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 2 . and regulations of the American Arbitration Association. 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 recommendation to the City Council . When an impasse is resolved in accordance with the proce- dures set forth in this section, the memorandum of agreement shall be modified accordingly, and such modified memorandum of agreement shall be submitted to the Personnel Board for review and recommendation to the City Council . Said modified agree- ment shall not be binding, nor of any force or effect , 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 submitted to the Personnel Board at private session for determination, and such determination shall be final as between the recognized employee organization and the City Administrator . The City Administrator 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 private session. After reaching its determination which shall not be subject to further review, the memorandum of agreement shall be modified in accordance therewith, and such 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. 10-1 . REASONABLE TIME OFF TO MEET AND CONFER. The rec- ognzied employee organization may select not more than two (2) employee members of such organization to attend scheduled meetings with the City Administrator 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 City Administrator may approve the attendance at such meetings of additional employee represen- tatives without loss of compensation . The recognized employee organization shall submit the names of all such employee rep- resentatives to the City Administrator at least two (2) work- ing 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 . 3 . (b) Any such meeting is subject to scheduling by the City Administrator in a manner consistent with operating needs and work schedules . 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 City Administrator shall assemble relevant data and information pertinent to the matters encompassed by this sec- tion and shall discuss such data and information with the per- son concerned who shall have the right to present to the City Administrator relevant data and information which shall be duly received and considered by the City Administrator. ( 2) The City Administrator 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 City Admin- istrator 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 . ( 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 in- cluded 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 in- dividual occupying such position . 14-4 . DECISION. APPEAL FROM. Any provision of this resolution to the contrary notwithstanding, any decision of the City Administrator or Personnel Director made pursuant to this resolution may be appealed to the Personnel Board by any employee organization or self-representing employee , adversely affected by such determination, 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 , adversely affected by such determination, or by the City Council. This section shall not apply to any determination made by either the City Administrator or the Personnel Board in con- nection with the impasse procedures pursuant to Section 9-2 of this resolution . Notice in writing by mail of all determinations of the City Administrator or Personnel Director or the Personnel Board pur- suant to this resolution must be served upon the employee organ- ization or the self-representing employee concerned, and the City Council, within five ( 5) days after such determination is made. No appeal 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. All sections of Resolution No . 3335 not expressly amended by this resolution shall remain in full force and effect . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of April, 1972 . 5 • Mayo]-!, ATTEST : City &Xerk APPROVED AS TO FORM: City At or ey .- 6 . Res. No. 3461 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 meeting thereof held on the day of April , lg 72 , by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen. McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley C i t an fficio Clerk of the City Cod6cil of the City of Huntington Beach, California