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HomeMy WebLinkAboutApprove for introduction Ordinance No. 4078 amending the Hun Dept ID City Attorney's Office Page 1 of 2 Meeting Date 11/16/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E Gates, City Attorney PREPARED BY: Michael E Gates, City Attorney SUBJECT: Approve for introduction Ordinance No 4078 amending the Huntington Beach Municipal Code (HBMC) by adding a new Chapter 2 70 relating to transparency in labor negotiations Statement of Issue On September 21, 2015 the City Council directed the City Attorney to draft a transparency in labor negotiations ordinance that incorporated five (5) components as listed on a Councilmember item submitted by Councilmembers Peterson and Posey The draft Transparency in Labor Negotiations Ordinance is provided for City Council consideration and approval of introduction Financial Impact Potential General Fund impact up to $30,000 per bargaining unit depending on use of external labor negotiators for a total financial impact up to $240,000 per bargaining cycle Potential cost of at least $300,000 if the proposed ordinance triggers requirements set forth by Senate Bill 331 (Chapter 714) Recommended Action Approve for introduction Ordinance No 4078, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding a New Chapter 2 70 Relating to Openness in Labor Negotiations " Alternative Action(s) Do not approve and direct the City Attorney to make changes Analysis On September 21, 2015 the City Council directed the City Attorney to draft a transparency in labor negotiations ordinance that incorporated five (5) components as listed on a Councilmember item submitted by Councilmembers Peterson and Posey Those five (5) items are 1 Independent Negotiator—The City will hire an independent negotiator (when desired) who is not impacted by any outcome in the negotiation process 2 Cost of Contracts — The City will cost contracts and/or changes to contracts This ensures an equal playing ground for both labor organizations and the City, as both will be given the ability to comment about the analysis 3 Offers and Counteroffers — This ordinance would require that all offers and counteroffers (after the first submitted offer and counteroffer) be disclosed to the public within 24 hours after they have been acted on (rejected by the City or bargaining unit) HB -457- Item 21. - I Dept ID City Attorney's Office Page 2 of 2 Meeting Date 11/16/2015 4 Council Disclosure — Each Member of the City Council will be required to disclose any and all verbal, written, or electronic communications they have had with an official representative of a recognized employee organization, City staff, or members of the public in regards to labor contract negotiations 5 Contract Approval —This ordinance will require that before the final proposed contract is placed on the City Council Agenda, the Memorandum of Understanding will be posted to the City's website by Agenda Review Monday Additionally, the proposed contract will be placed on the City Council Agenda as an administrative item on two (2) consecutive City Council Meetings to insure the City Council, the bargaining units, and the public have ample time and ability to supply comment The proposed ordinance addresses these five (5) items Environmental Status Not applicable Strategic Plan Goal Non-Applicable—Administrative Item Attachments) 1 Ordinance No 4078, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding a New Chapter 2 70 Relating to Openness in Labor Negotiations " Item 21. - 2 HB -458- ORDINANCE NO 4 0 7 8 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2 70 RELATING TO OPENNESS IN LABOR NEGOTIATIONS WHEREAS, the City Council of the City of Huntington Beach finds that the process of conducting transparent and open labor negotiations is essential to good government; and The City of Huntington Beach is a Charter City; and The California Constitution provides Charter Cities the direct power and"plenary authority" to determine the compensation of their officers and employees. (Cal. Const., Article XI, § 5, subds., (a), (b), and (b)(4)); and The California Constitution provides Charter Cities the direct power and authority to snake and enforce all ordinances and regulations in respect to municipal affairs. (Cal Const., Article XI, § 5, subds , (a)); and The California Constitution provides that Charter Cities' authority with respect to municipal affairs shall supersede all laws inconsistent therewith. (Cal. Const., Article XI, § 5, subds., (a)); and The City, through coordinated and concerted efforts, has met and conferred and will continue to meet and confer with the City's recognized collective bargaining units regarding the terms and details of this Ordinance, and Government Code Section 3500 (Meyers-Milias-Brown Act, hereinafter as "the Act") provides in pertinent part that the purpose and intent of the Act is "to strengthen merit, civil service and other methods of administering employer-employee relations through the establislunent of uniform and orderly methods of communication between employees and the public agencies by which they are employed"; and Consistent with the foregoing authorities, the City Council finds that the Labor Negotiations between the City and its employees regarding bargained for wages, hours, and other terms and conditions of employment that are within the scope of bargaining, will benefit from an informed and knowledgeable public; and The City Council finds that the collective bargaining by the City and its employees will be enhanced when done in the presence of an informed public. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: 15-4917/COIN Ordinance docx 1 Ordinance No . 4078 SECTION 1 The Huntington Beach Municipal Code is hereby amended to add new Chapter 2.70, entitled"Openness in Labor Negotiations," to read as follows. Chapter 2.70 —OPENNESS IN LABOR NEGOTIATIONS 2.70.010 Applicability This Chapter shall apply to all Labor Negotiations between the City and City-recognized collective bargaining unit(s) (hereinafter"Association") in the securing of a labor agreements in the form of Memorandums of Understanding ("MOU") or amendments thereto including negotiated "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)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 Ordinance as "Labor Negotiations " 2.70.020 Pre-Negotiation, Meet and Confer on Ground Rules The City Manager and/or his or her designee(s) shall meet with each of the City's Associations regarding ground rules for upcoming Labor Negotiations prior to the commencement those Labor Negotiations, as defined by this Chapter. 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 his or her 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. 15-4917(COIN Ordinance docx 2 Ordinance No . 4078 2.70.040 Negotiation Disclosures to Public (a) After the first submitted offer and counteroffer have been made,the City Council shall report to the public within twenty-four(24) hours of accepting or rejecting a submitted written proposal or portion thereof from an Association. The subj ect written proposal shall be made public by posting on a designated area of the City's web site. 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 this Ordinance, the City Council does not waive this privilege of confidentiality 2.70.050 Cost of Proposals and Labor Agreements (a) Except for the first offer and counteroffer 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 counteroffer) 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 twenty (20) days after said proposal is made (b) The Director of Finance shall also cause to be prepaied a report detennining the fiscal impacts attributed to each ternnn and condition of employment in the final, tentatively agreed upon labor agreemernt 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 Association, and the general public at least thirty(30) days prior to the final MOU being acted upon by City Council 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 Associations representatives with whom the City Council Member has had any verbal, written, electronic or other communication(s) regarding a subject matter of a pending Labor Negotiations. 2.70.070 Adoption of Memorandum of Understanding (a) A proposed MOU shall be introduced at the City Council not more than thirty (30) days after the initial City Council consideration and tentative approval. 154917/COIN Ordinance docx 3 Ordinance No . 4078 (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 a MOU shall only be undertaken after the matter has been heard at a minimum of two (2) open City Council meetings, wherein the public has had the opportunity to review and comment on the matter (d) All compensation increases shall be effective no earlier than the beginning of the first full pay period following City Council adoption. SECTION 2. Inconsistencies Any provision of the Huntington Beach Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance. SECTION 3. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Oidinance, which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Ordinance are declared to be severable SECTION 4 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 7 t h day of December 2015 �44 `p �d s ATTEST: APPROVED AS F RM: y Clerk Uty Attorney REVIEW APPROVED INITIATED A ROVE ,T/J YtAinager Ity Attorney 15-4917/COIN Ordinance doex 4 Ord. No. 4078 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN,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 November 16,2015, and was again read to said City Council at a Regular meeting thereof held on December 7, 2015, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Posey, Sullivan, Delgleize, Peterson NOES: O'Connell, Katapodis, Hardy ABSENT: None ABSTAIN: None I,Joan L Flynn,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 December 17,2015 In accordance with the City Charter of said City Joan L Flynn, Cltv Clerk jerk and ex-0 i C10 Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California