HomeMy WebLinkAbout13-064 - Resolutions RESOLUTION NO. 13-064
A RESOLUTION OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING ORDERLY
PROCEDURES FOR THE ADMINISTRATION OF EMPLOYER-
EMPLOYEE RELATIONS BETWEEN THE CITY AND ITS
EMPLOYEE ORGANIZATIONS
WHEREAS, Government Code Sections 3507 and 3507.5 empower a City to
adopt reasonable rules and regulations after consultation in good faith with representatives of its
employee organizations for the administration of employer-employee relations; and
WHEREAS, The City of Rancho Cucamonga desires to establish orderly
procedures for administering employer-employee relations between the City and its various
recognized employee organizations; and
WHEREAS, this Resolution implements Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 et seq.) otherwise known as the
Meyers-Milias-Brown Act; and
WHEREAS, This Resolution shall be known as the Employer-Employee
Relations Resolution of the City of Rancho Cucamonga;
NOW, THEREFORE, BE IT RESOLVED:
Article I --General Provisions
Sec. 1. Statement of Purpose:
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of
the State of California (Sections 3500 et seq.) captioned "Local Public Employee
Organizations," (the Meyers-Milias-Brown Act) by providing orderly procedures for the
administration of employer-employee relations between the City and its employee organizations.
However, nothing contained herein shall be deemed to supersede the provisions of state law,
ordinances, resolutions and rules which establish and regulate the civil service system, or which
provide for other methods of administering employer-employee relations. This Resolution is
intended, instead, to strengthen civil service and other methods of administering employer-
employee relations through the establishment of uniform and orderly methods of
communications between employees, employee organizations and the City.
It is the purpose of this Resolution to provide procedures for meeting and conferring in
good faith with Recognized Employee Organizations regarding matters that directly and
significantly affect and primarily involve the wages, hours and other terms and conditions of
employment of employees in appropriate units and that are not preempted by federal or state
law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City
rights with respect to matters of general legislative or managerial policy, which include among
others: The exclusive right to determine the mission of its constituent departments,
commissions, and boards; set standards of service; determine the procedures and standards of
selection for employment, direct its employees; take disciplinary action; relieve its employees
from duty because of lack of work or for other lawful reasons; determine the content of job
classifications; subcontract work; maintain the efficiency of governmental operations; determine
the methods, means and personnel by which government operations are to be conducted; take
all necessary actions to carry out its mission in emergencies; and exercise complete control and
discretion over its organization and the technology of performing its work.
Sec. 2. Definitions:
As used in this Resolution, the following terms shall have the meanings indicated:
(a) "Appropriate unit" means a unit of employee classes or positions, established
pursuant to Article II hereon.
(b) "City" means the City of Rancho Cucamonga, and, where appropriate herein,
refers to the City Council or any duly authorized City representative as herein defined.
(c) "Confidential Employee" means an employee who, in the course of his or her
duties, has access to confidential information relating to the City's administration of employer-
employee relations.
(d) "Consult/Consultation in Good Faith" means to communicate orally or in writing
with all affected recognized employee organizations for the purpose of presenting and obtaining
views or advising of proposed actions in a good faith effort to reach a consensus; and, as
distinguished from meeting and conferring in good faith regarding matters within the required
scope of the meet and confer process, does not involve an exchange of proposals and
counterproposals in an endeavor to reach agreement in the form of a Memorandum of
Understanding, nor is it subject to Article IV hereof.
(e) "Day" means calendar day unless expressly stated otherwise.
(f) "Employee Relations Officer" means the City Manager or his/her duly authorized
representative.
(g) "Exclusively Recognized Employee Organization" means an employee
organization which has been formally acknowledged by the City as the sole employee
organization representing the employees in an appropriate representation unit pursuant to
Article II hereof, having the exclusive right to meet and confer in good faith concerning
statutorily required subjects pertaining to unit employees, and thereby assuming the
corresponding obligation of fairly representing such employees. Such recognition status may
only be challenged by another employee organization as set forth in Article II section 8.
(h) "Impasse" means that the representatives of the City and a Recognized
Employee Organization have reached a point in their meeting and conferring in good faith where
their differences on matters to be included in a Memorandum of Understanding, and concerning
which they are required to meet and confer, remain so substantial and prolonged that further
meeting and conferring would be futile.
(i) "Management Employee" means an employee having responsibility for
formulating, administering or managing the implementation of City policies and programs.
(j) "Proof of Employee Support" means (1) an authorization card recently signed
and personally dated by an employee, provided that the card has not been subsequently
revoked in writing by the employee (2) a verified authorization petition or petitions recently
signed and personally dated by an employee, or (3) employee dues deduction authorizations,
using the payroll register for the period immediately prior to the date a petition is filed hereunder,
except that dues deduction authorizations for more than one employee organization for the
account of any one employee shall not be considered as proof of employee support for any
employee organization. The only authorization which shall be considered as proof of employee
support hereunder shall be the authorization last signed by an employee. The words "recently
signed" shall mean within ninety (90) days prior to the filing of such proof of support.
Resolution No. 13-064 - Page 2 of 12
(k) "Supervisory Employee" means any employee having authority, in the interest of
the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, . reward, or
discipline other employees, or responsibly to direct them, or to adjust their grievances, or
effectively to recommend such action if, in connection with the foregoing, the exercise of such
authority is not of a merely routine or clerical nature, but requires the use of independent
judgment.
(1) Terms not defined herein shall have the meanings as set forth in the MMBA.
Article II -- Representation Proceedings
Sec. 3. Filing of Recognition Petition by Employee Organization:
An employee organization which seeks to be formally acknowledged as an
Exclusively Recognized Employee Organization representing the employees in an appropriate
unit shall file a petition with the Employee Relations Officer containing the following information
and documentation:
(a) Name and address of the employee organization.
(b) Names and titles of its officers.
(c) Names of employee organization representatives who are authorized to speak on
behalf of the organization.
(d) A statement that the employee organization has, as one of its primary purposes,
the responsibility of representing employees in their employment relations with the City.
(e) A statement whether the employee organization is a chapter of, or affiliated
directly or indirectly in any manner, with a local, regional, state, national or international
organization, and, if so, the name and address of each such other organization.
(f) Certified copies of the employee organization's constitution and bylaws.
(g) A designation of those persons, not exceeding two in number, and their
addresses, to whom notice sent by regular United States mail will be deemed sufficient notice
on the employee organization for any purpose.
(h) A statement that the employee organization has no restriction on membership
based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or
physical disability or medical condition.
(i) The job classifications or position titles of employees in the unit claimed to be
appropriate and the approximate number of member employees therein.
(j) A statement that the employee organization has in its possession proof of
employee support as herein defined to establish that a majority of the employees in the unit
claimed to be appropriate have designated the employee organization to represent them in their
employment relations with the City. Such written proof shall be submitted for confirmation to the
Employee Relations Officer or to a mutually agreed upon disinterested third party.
(k) A request that the Employee Relations Officer formally acknowledge the
petitioner as the Exclusively Recognized Employee Organization representing the employees in
the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation,
shall be declared to be true, correct and complete, under penalty of perjury, by the duly
authorized officer(s) of the employee organization executing it.
Resolution No. 13-064 - Page 3 of 12
Sec. 4. City Response to Recognition Petition:
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
(a) There has been compliance with the requirements of the Recognition Petition,
and
(b) The proposed representation unit is an appropriate unit in accordance with Sec.
9 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the
foregoing two matters, he/she shall so inform the petitioning employee organization, shall give
written notice of such request for recognition to the employees in the unit and shall take no
action on said request for thirty (30) days thereafter. If either of the foregoing matters are not
affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such
petitioning employee organization and, if such determination thereafter remains unchanged,
shall inform that organization of the reasons therefore in writing.
The petitioning employee organization may appeal such determination in accordance
with Sec. 12 of this Resolution.
Sec. 5. Open Period for Filing Challenging Petition:
Within thirty (30) days of the date written notice was given to affected employees that
a valid recognition petition for an appropriate unit has been filed, any other employee
organization may file a competing request to be formally acknowledged as the exclusively
recognized employee organization of the employees in the same or in an overlapping unit (one
which corresponds with respect to some, but not all the classifications or positions set forth in
the recognition petition being challenged), by filing a petition evidencing proof of employee
support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the
same form and manner as set forth in Sec. 3 of this Article Il. If such challenging petition seeks
establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on
such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which
time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations
Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 9
of this Article II. The petitioning employee organizations shall have fifteen (15) days from the
date notice of such unit determination is communicated to them by the Employee Relations
Officer to amend their petitions to conform to such determination or to appeal such
determination pursuant to Sec. 12 of this Article II.
Sec. 6. Granting Recognition Without an Election:
If the Petition is in order, and the proof of support shows that a majority of the
employees in the appropriate unit have designated the petitioning employee organization to
represent them, and if no other employee organization filed a challenging petition, the
petitioning employee organization and the Employee Relations Officer shall request the
California State Mediation and Conciliation Service, or another agreed upon neutral third party,
to review the count, form, accuracy and propriety of the proof of support. If the neutral third party
makes an affirmative determination, the Employee Relations Officer shall formally acknowledge
the petitioning employee organization as the Exclusive Recognized Employee Organization for
the designated unit.
Sec. 7. Election Procedure:
Where recognition is not granted pursuant to Sec. 6, the Employee Relations Officer
shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee
Relations Officer and the concerned employee organization(s), in accordance with such party's
rules and procedures subject to the provisions of this Resolution.
Resolution No. 13-064 - Page 4 of 12
All employee organizations who have duly submitted petitions which have been determined to
be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve
to employees the choice of representing themselves individually in their employment relations
with the City. Employees entitled to vote in such election shall be those persons employed in
regular permanent positions within the designated appropriate unit who were employed during
the pay period immediately prior to the date which ended at least fifteen (15) days before the
date the election commences, including those who did not work during such period because of
illness, vacation or other authorized leaves of absence, and who are employed by the City in the
same unit on the date of the election. An employee organization shall be formally
acknowledged as the Exclusively Recognized Employee Organization for the designated
appropriate unit following an election or run-off election if it received a numerical majority of all
valid votes cast in the election. In an election involving three or more choices, where none of the
choices receives a majority of the valid votes cast, a run-off election shall be conducted
between the two choices receiving the largest number of valid votes cast; the rules governing an
initial election being applicable to a run-off election.
There shall be no more than one valid election under this Resolution pursuant to any
petition in a 12-month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an
election, the election shall be conducted by the California State Mediation and Conciliation
Service.
Costs of conducting elections shall be borne in equal shares by the City and by each
employee organization appearing on the ballot.
Sec. 8. Procedure for Decertification of Exclusively Recognized Employee Organization:
A Decertification Petition alleging that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in an established
appropriate unit may be filed with the Employee Relations Officer only during the month of
March of any year following the first full year of recognition or during the thirty (30) day period
commencing one hundred twenty (120) days prior to the termination date of a Memorandum of
Understanding then having been in effect less than three (3) years, whichever occurs later. A
Decertification Petition may be filed by two or more employees or their representative, or an
employee organization, and shall contain the following information and documentation declared
by the duly authorized signatory under penalty of perjury to be true, correct and complete:
(a) The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices or requests for further information.
(b) The name of the established appropriate unit and of the incumbent Exclusively
Recognized Employee Organization sought to be decertified as a representative of that unit.
(c) An allegation that the incumbent Exclusively Recognized Employee Organization
no longer represents a majority of the employees in the appropriate unit, and any other relevant
and material facts relating thereto.
(d) Proof of employee support that at least thirty (30) percent of the employees in the
established appropriate unit no longer desire to be represented by the incumbent Exclusively
Recognized Employee Organization. Such proof shall be submitted for confirmation to the
Employee Relations Officer or to a mutually agreed upon disinterested third party within the time
limits specified in the first paragraph of this Section.
Resolution No. 13-064 - Page 5 of 12
An employee organization may, in satisfaction of the Decertification Petition
requirements hereunder, file a Petition under this Section in the form of a Recognition Petition
that evidences proof of employee support of at least thirty (30) percent, that includes the
allegation and information required under this Section 8, and otherwise conforms to the
requirements of Section 3 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been
filed in compliance with the applicable provisions of this Article II. If his/her determination is in
the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning
employees or employee organization and, if such determination thereafter remains unchanged,
shall return such Petition to the employees or employee organization with a statement of the
reasons therefore in writing. The petitioning employees or employee organization may appeal
such determination in accordance with Sec. 12 of this Article ll. If the determination of the
Employee Relations Officer is in the affirmative, or if his negative determination is reversed on
appeal, he/she shall give written notice of such Decertification or Recognition Petition to the
incumbent Exclusively Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to
be held on or about fifteen (15) days after such notice to determine the wishes of unit
employees as to the question of decertification and, if a Recognition Petition was duly filed
hereunder, the question of representation. Such election shall be conducted in conformance
with Sec. 7 of this Article II.
During the 'open period" specified in the first paragraph of this Sec. 8, the Employee
Relations Officer may on his/her own motion, when he/she has reason to believe that a majority
of unit employees no longer wish to be represented by the incumbent Exclusively Recognized
Employee Organization, give notice to that organization and all unit employees that he/she will
arrange for an election to determine that issue. In such event any other employee organization
may within fifteen (15) days of such notice file a Recognition Petition in accordance with this
Sec. 8, which the Employee Relations Officer shall act on in accordance with this Sec. 8.
If, pursuant to this Sec. 8, a different employee organization is formally acknowledged
as the Exclusively Recognized Employee Organization, such organization shall be bound by all
the terms and conditions of any Memorandum of Understanding then in effect for its remaining
term.
Sec. 9. Policy and Standards for Determination of Appropriate Units:
The policy objectives in determining the appropriateness of units shall be the effect of
a proposed unit on (1) the efficient operations of the City and its compatibility with the primary
responsibility of the City and its employees to effectively and economically serve the public, and
(2) providing employees with effective representation based on recognized community of
interest considerations. These policy objectives require that the appropriate unit shall be the
broadest feasible grouping of positions that share an identifiable community of interest. Factors
to be considered shall be:
(a) Similarity of the general kinds of work performed, types of qualifications required,
and the general working conditions.
(b) History of representation in the City and similar employment; except however,
that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which
employees in the proposed unit have organized.
(c) Consistency with the organizational patterns of the City.
(d) Effect of differing legally mandated impasse resolution procedures.
Resolution No. 13-064 - Page 6 of 12
(e) Number of employees and classifications, and the effect on the administration of
employer-employee relations created by the fragmentation of classifications and proliferation of
units.
(f) Effect on the classification structure and impact on the stability of the employer-
employee relationship of dividing a single or related classification among two or more units.
Notwithstanding the foregoing provisions of this Section, managerial, supervisory and
confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in
establishing appropriate units hereunder, and therefore managerial, supervisory and confidential
employees may only be included in a unit consisting solely of managerial, supervisory or
confidential employees respectively. Managerial, supervisory and confidential employees may
not represent any employee organization which represents other employees.
Peace Officers have the right to be represented in separate units composed solely of
such peace officers.
Also under the MMBA, professional employees have the right to be represented
separately from non-professional employees.
The Employee Relations Officer shall, after notice to and consultation with affected
employee organizations, allocate new classifications or positions, delete eliminated
classifications or positions, and retain, reallocate or delete modified classifications or positions
from units in accordance with the provisions of this Section. The decision of the Employee
Relations Officer shall be final.
Sec. 10. Procedure for Modification of Established Appropriate Units:
Requests by employee organizations for modifications of established appropriate units
may be considered by the Employee Relations Officer only during the period specified in Sec. 8
of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in
addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement
of all relevant facts and citations in support of the proposed modified unit in terms of the policies
and standards set forth in Sec. 9 hereof. The Employee Relations Officer shall process such
petitions as other Recognition Petitions under this Article Il.
The Employee Relations Officer may by his own motion propose that an established
unit be modified. The Employee Relations Officer shall give written notice of the proposed
modification(s) to any affected employee organization and shall hold a meeting concerning the
proposed modification(s), at which time all affected employee organizations shall be heard.
Thereafter the Employee Relations Officer shall determine the composition of the appropriate
unit or units in accordance with Sec. 9 of this Article II, and shall give written notice of such
determination to the affected employee organizations. The Employee Relations Officer's
determination may be appealed as provided in Section 12 of this Article. If a unit is modified
pursuant to the motion of the Employee Relations Officer hereunder, employee organizations
may thereafter file Recognition Petitions seeking to become the Exclusively Recognized
Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Sec. 11. Procedure for Processing Severance Requests:
An employee organization may file a request to become the recognized employee
organization of a unit alleged to be appropriate that consists of a group of employees who are
already a part of a larger established unit represented by another recognized employee
organization. The timing, form and processing of such request shall be as specified in Sec. 10
for modification requests.
Resolution No. 13-064 - Page 7 of 12
Sec. 12. Appeals:
An employee organization aggrieved by an appropriate unit determination of the
Employee Relations Officer; or an employee organization aggrieved by a determination of the
Employee Relations Officer that a Recognition Petition (Sec. 3), Challenging Petition (Sec. 5),
Decertification Petition (Sec. 8), Unit Modification Petition (Sec. 10) --- or employees aggrieved
by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 8) or
Severance Request (Sec. 11) ---has not been filed in compliance with the applicable provisions
of this Article, may, within ten (10) days of notice of the Employee Relations Officer's final
decision, request to submit the matter to mediation by the State Mediation and Conciliation
Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for
final decision within fifteen (15) days of notice of the Employee Relations Officer's determination
or the termination of mediation proceedings, whichever is later.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy
thereof served on the Employee Relations Officer. The City Council shall commence to consider
the matter within thirty (30) days of the filing of the appeal. The City Council may, in its
discretion, refer the dispute to a non-binding third party hearing process. Any decision of the
City Council on the use of such procedure, and/or any decision of the City Council determining
the substance of the dispute shall be final and binding.
Article III --Administration
Sec. 13. Submission of Current Information by Recognized Employee Organizations:
All changes in the information filed with the City by an Exclusively Recognized
Employee Organization under items (a.) through (h.) of its Recognition Petition under Sec. 3 of
this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen
(14) days of such change.
Exclusively Recognized Employee Organizations that are party to an agency shop
provision shall provide annually to the Employee Relations Officer and to unit members within
60 days after the end of its fiscal year the financial report required under Government Code
Section 3502.5 (f) of the Meyers-Milias Brown Act.
Sec. 14. Employee Organization Activities -- Use of City Resources:
Access to City work locations and the use of City paid time, facilities, equipment and
other resources by employee organizations and those representing them shall be authorized
only to the extent provided for in Memoranda of Understanding and/or administrative
procedures, shall be limited to lawful activities consistent with the provisions of this Resolution
that pertain directly to the employer-employee relationship and not such internal employee
organization business as soliciting membership, campaigning for office, and organization
meetings and elections, and shall not interfere with the efficiency, safety and security of City
operations.
Sec. 15. Administrative Rules and Procedures:
The City Manager is hereby authorized to establish such rules and procedures as
appropriate to implement and administer the provisions of this Resolution after consultation with
affected employee organizations.
Resolution No. 13-064 - Page 8 of 12
Article IV -- Impasse Procedures
Sec. 16. Initiation of Impasse Procedures:
If the meet and confer process has reached impasse as defined in Section 2 of this
Resolution, either party may initiate the impasse procedures by filing with the other party a
written request for an impasse meeting, together with a statement of its position on all issues.
An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The
purpose of such meeting shall be:
(a) To review the position of the parties in a final effort to reach agreement on a
Memorandum of Understanding; and
(b) If the impasse is not resolved, to discuss arrangements for the utilization of the
impasse procedures provided herein.
Sec. 17. Impasse Procedures:
Impasse procedures are as follows:
(a) If the parties agree to submit the dispute to mediation, and agree on the selection
of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be
private. The mediator shall make no public recommendation, nor take any public position at any
time concerning the issues.
(b) If the parties agree to, and do participate in mediation, and if mediator is unable
to effect settlement of the controversy, the employee organization may present a request to the
City and the Public Employment Relations Board (PERB) to submit the impasse to fact-finding.
This request by the employee organization to submit the impasse to fact-finding must be made
no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the
parties.
(c) If the parties do not agree to participate in mediation, the employee organization
may present a request to the City and PERB to submit the impasse to fact-finding no later than
30 days following the date that either party has provided the other a written notice of declaration
of impasse.
(d) Within five (5) working days after PERB's determination that the request for fact-
finding is sufficient, a fact-finding panel of three (3) shall be appointed in the following manner:
One member of the panel shall be appointed by the Employee Relations Officer, and one
member shall be appointed by the Exclusively Recognized Employee Organization. PERB shall,
within five (5) working days after making its determination that the request for fact-finding is
sufficient, submit the names of seven persons, drawn from the list of neutral fact-finders
established pursuant to Government Code section 3541.3(d). PERB shall thereafter designate
one of the seven persons to serve as the chairperson unless notified by the parties within five
(5) working days that they have mutually agreed upon a person to chair the panel in lieu of a
chairperson selected by PERB.
(e) The following constitute the jurisdictional and procedural requirements for fact-
finding:
(1) The panel shall, within ten (10) days after its appointment, meet with the
parties or their representatives, either jointly or separately, and may make inquiries and
investigations, hold hearings, and take any other steps it deems appropriate. The panel shall
have subpoena power with regard to hearings, investigations and inquiries.
Resolution No. 13-064 - Page 9 of 12
(2) Subject to the stipulations of the parties, the fact-finders shall consider,
weigh and be guided by the following measures and criteria in arriving at their findings and
recommendations:
I. State and federal laws that are applicable to the employer.
ll. Local rules, regulations, or ordinances.
III. Stipulations of the parties.
IV. The interests and welfare of the public, and the financial ability of the
public agency.
V. Comparison of the wages, hours, and conditions of employment of the
employees involved in the fact-finding proceeding with the wages, hours, and conditions of
employment of other employees performing similar services in comparable public agencies.
VI. The consumer price index for goods and services, commonly known
as the cost of living.
VII. The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other excused time, insurance
and pensions, medical and hospitalization benefits, the continuity and stability of employment,
and all other benefits received.
VIII. Any other facts not confined to those specified in paragraphs (I)-(VII),
inclusive, which are normally or traditionally taken into consideration in making the findings and
recommendations, including, but not limited to:
A. Maintaining appropriate compensation relationships between
classifications and positions within the City;
B. Other legislatively determined and projected demands on agency
resources (i.e., budgetary priorities as established by the governing body);
C. Allowance for equitable compensation increases for other
employees and employee groups for the corresponding fiscal period(s);
D. Revenue projections not to exceed currently authorized tax and
fee rates for the relevant fiscal year(s);
E. Assurance of sufficient and sound budgetary reserves; and
F. Constitutional, statutory, and Municipal Code limitations on the
level and use of revenues and expenditures.
(3) Within thirty (30) days after the appointment of the fact-finding panel, or,
upon agreement by both parties within a longer period, the panel shall make written findings of
fact and advisory recommendations for the resolution of the issues in dispute, which shall be
presented in terms of the criteria and limitations specified above. Any member of a fact-finding
panel shall be accorded the right to file dissenting written findings of fact and recommendations.
The fact-finder or chairperson of the fact-finding panel shall serve such findings and
recommendations on the Employee Relations Officer and the designated representative of the
Exclusively Recognized Employee Organization before they are made available to the public.
(f) If these parties have not resolved the impasse within ten (10) days
after service of the findings and recommendations upon them, the City shall make them public
by submitting them to the City Clerk for consideration by the City Council in connection with the
Council's legislative consideration of the impasse.
Resolution No. 13-064 - Page 10 of 12
(g) After any applicable mediation and fact-finding procedures have
been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact
and recommended terms of settlement have been submitted to the parties, the City Council may
hold a public hearing regarding the impasse, and take such action regarding the impasse as it in
its discretion deems appropriate as in the public interest, including implementation of the City's
last, best and final offer. Any legislative action by the City Council on the impasse shall be final
and binding.
(h) The costs for the services of the panel chairperson agreed upon by
the parties shall be equally divided between the parties, and shall include per diem fees, if any,
and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed
the per diem fees stated on the chairperson's resume on file with PERB. The chairperson's bill
showing the amount payable by the parties shall accompany his or her final report to the parties
and PERB. The parties shall make payment directly to the chairperson.
(i) Any other mutually incurred costs shall be borne equally by the
parties. Any separately incurred costs for the panel member selected by each party shall be
borne by that party.
Sec. 18. Costs of Impasse Procedures:
The cost for the services of a mediator and chairperson of a fact-finding panel utilized
by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne
equally by the City and Exclusively Recognized Employee Organization. The cost for a fact-
finding panel member selected by each party, and other separately incurred costs, shall be
borne by such party.
Article V -- Miscellaneous Provisions
Sec. 19. Construction:
This Resolution shall be administered and construed as follows:
(a) Nothing in this Resolution shall be construed to deny to any person, employee,
organization, the City, or any authorized officer, body or other representative of the City, the
rights, powers and authority granted by federal or state law.
(b) This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I.
(c) Nothing in this Resolution shall be construed as making the provisions of
California Labor Code Section 923 applicable to City employees or employee organizations, or
of giving employees or employee organizations the right to participate in, support, cooperate or
encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or
slowdown of work. In consideration of and as a condition of initial and continued employment by
the City, employees recognize that any such actions by them are in violation of their conditions .
of employment except as expressly otherwise provided by legally preemptive state or contrary
local law. In the event employees engage in such actions, they shall subject themselves to
discipline up to and including termination, and may be replaced, to the extent such actions are
not prohibited by preemptive law; and employee organizations may thereby forfeit rights
accorded them under City law or contract.
Sec. 20. Severability:
If any provision of this Resolution, or the application of such provision to any persons
or circumstances, shall be held invalid, the remainder of this Resolution, or the application of
such provision to persons or circumstances other than those as to which it is held invalid, shall
not be affected thereby.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 13-064 - Page 11 of 12
PASSED, APPROVED, AND ADOPTED this 51h day of June 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
r
L. enms Michael, Mayor
ATTEST:
a ice C. Reynolds, City erk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 5t' day of June 2013.
Executed this 6'" day of June 2013, at Rancho Cucamonga, California.
C�
J ice C. Reynolds, City C rk
Resolution No. 13-064 - Page 12 of 12