HomeMy WebLinkAboutApprove for introduction Ordinance No. 4154 amending Chapter IqPpOVE7� 7-0
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Meeting Date:2/20/2018
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/20/2018
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. 4154 amending Chapter 2.70 of the
Huntington Beach Municipal Code (HBMC) relating to Openness in Labor
Negotiations
Statement of Issue:
Huntington Beach Municipal Code Chapter 2.70 relating to Openness in Labor Relations
requires amendment to ensure further conformance with the Meyer-Milias Brown Act.
Financial Impact: N/A
Recommended Action:
Approve for introduction 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."
Alternative Action(s):
Do not approve for introduction Ordinance 4154 Amending HBMC Chapter 2.70
Relating to Openness in Labor Negotiations.
Analysis:
The City Attorney is recommending changes to the Openness in Labor Negotiations
Ordinance to further comply with administrative and judicial interpretations of the
Meyer-Milias Brown Act with regard to labor negotiations.
Environmental Status: N/A
Strategic Plan Goal: Non-Applicable-Administrative Item
Attachment(s):
1 . Ordinance 4154 Amending HBMC Chapter 2.70 Relating to Openness in Labor
Negotiations
2, Legislative Draft of HBMC Chapter 2.70 Relating to Openness in Labor Negotiations
Item 8. - I HB -:54 4-
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:
18-6294/174397/MV 1
ORDINANCE NO. 4154
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.
1 8-6294/1 743 97/MV 2
ORDINANCE NO. 4154
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.
1 8-6294/1 743 97/MV 3
ORDINANCE NO. 4154
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 /T/9�- day of "G rf!5� l2J 2018.
Mayor
ATTEST: APPROVED AS ORM.
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City Cleric 3/�ai� ity Attorney W
REVIEW APPROVED: AT AND O D:
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Director of Human Resources
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1 8-6294/1 743 97/MV 4
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. w
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Chapter 2.70 OPENNESS IN LABOR NEGOTIATIONS
2.70.010 Applicability
This chapter shall apply to all labor negotiations between the City and any employee, group ofemployees
or City-recognized collective bargaining unit(s)(hereinafter"association")(hereinafter collectively
referred tb 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
effected 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."(4078-12/15)
2.70.020 Pre-Negotiation, Meet and Confer on Ground Rules
The City Manager-andler designee(s)shaR meet wkh eaeh ef the City's asseeiafieRS Feg6fdiftg gF&dftd
fules fef upeeB34�labor negotiations pfief te the eemmeneeraeRt of these labor-negetiafieRs,as defined
The Citv Manager and/or his or her design.ee(s) shall meet with Affected Employees regarding any and all
ground rules including but not limited to confidentiality. at the commencement Labor Negotiations.
Nothing_within this Ordinance shall be construed to limit bind or otherwise dictate either partv's Position
with respect to arnr rnandatory subject of bargaining including ground rules.
To the extent that any negotiated ground rules including the confidentiality ofproposals,conflicts with
any pr'OyiSlonS of this Chapter 2 70 the negotiated ground rules will control and supersede inconsistent
provision ofthis Ordinance.
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.(4078-12/15)
H13 -549- Item 8, - 6
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 an asseeiatien Affected Employees.The subj ect 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. (4078-12/15)
2,70.050 Cost of Proposals and Labor Agreements
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.
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 asseeiatien emplol,ees,and the general public at least-05 calendar days prior
to the final MOU being acted upon by City Council. (4078-12/15)
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 Affeeted En2ployees with whom the City Council
member has had any verbal, written,electronic or other communication(s)regarding a subject matter of
pending labor negotiations.(4078-12/15)
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.
Item 8. - 7 1113 -550-
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 an the matter.
HB -55 1_ Item 8. - 8
C
H. B. WAVE
PUBLISH DATE: 3/29/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4154
Adopted by the City Council on MARCH 19, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.70 OF
THE CITY OF HUNTINGTON BEACH MUNICIPAL CODE RELEATING TO OPENNESS IN
LABOR NEGOTIATIONS"
SYNOPSIS:
The City Attorney recommended changes to the Openness in Labor Negotiations Ordinance to further
comply with administrative and judicial interpretations of the Meyer-Milias Brown Act with regard to labor
negotiations.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
March 19, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSTAIN: None
ABSENT: Brenden
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
-I C I'TY GF H-U NTI NGTON BEACH
a LEGAL NOTICE
ORDINANCE NO. 4154
Adopted by the City Council on MARCH 19, 2018
i"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AN ENDING SECTION 2.70 OF THE CITY OF HUNTINGTON
BEACH jVUNiCIPAL CODE RELEATING TO OPENNESS IN LA-
-IBOR NEGOTIATIONS"
,SYNOPSIS:
17he City Attorney recommended chore es to the Openness ire L(jl)or
INegotiotiotis Ordiriorice to further coriiply ,,,,:rith adriiiriistrcit ive cjrld ju-
dic�al interpretotions of the jVeyer-j%-1iljcjs Bro�,�: r� Act ith regard to
jlabor negotiations.
PASSED AND ADOPTED l)y the City Council of the City of Huritirig-
jton Beach of a regular meetin To g held ,^ rch 19, 2018 l)y the foll rig
rol I c(j I I vote:
AYES: O'Connell, Semeto, Peterson, Posey, Delgleize, Hardy
NOES: None
-ABSTAIN : None
IABSENT: Breriden
a
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN
-THE CITY CLERK'S OFFICE.
_This ordinance is effective 30 days after adoption.
4 CITY OF HUNTINGTON BEACH
2000 MA I N ST R E ET
HUNTINGTON BEACH, CA 92648
I 714-536-5227
ROBIN ESTANISLAU, CITY CLERK
ful): The Hunt ingtori Bea ch 'ti":rove Mo rch 29, 201811097000
I
David Ward
Legal Advertising Rep
2190 S. Towne Centre PI.
Anaheim, CA 92806
714-796-6764
daward@scng.com
PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED
2
Switzer, Donna
From: David Ward [daward@scng.com]
Sent: Thursday, March 22, 2018 10:38 AM
To: Switzer, Donna
Subject: Re: Synopsis-Ord. No. 4154
Good morning Donna.
How are you doing?
Here is the first of your notices.
I hope your day is going well.
Ad#I 1097000
Run Date 3/29
Cost $141
PROOF
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