HomeMy WebLinkAboutCC Reso No 2013-016 City Council ResoRESOLUTION NO. 2013 -016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING AND
ADOPTING AN EMPLOYER /EMPLOYEE RELATIONSHIP
Whereas, 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.
Whereas, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Article I — General Provisions
Sec. 1. 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 hereof.
b. "City" means the City of Lake Elsinore, 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 effected 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.
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.
Terms not defined herein shall have the meanings as set forth in the MMBA.
Article II — Representation Proceedings
Sec. 2. 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.
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.
L 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.
Sec. 3. 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. 4. 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 ll. 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 5. 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. 6. 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 organizations, in accordance
with such party's rules and procedures subject to the provisions of this Resolution. 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. 7. 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.
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 II. 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. 8. 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
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.
If. Effect on the classification structure and impact on the stability of the employer -
employee relationship of dividing a single or related classifications 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.
Sec. 9. 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 ll.
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 modifications) 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
Il, 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. 10. 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.
Sec. 11. 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. 12. 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. 13. 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. 14. 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.
Article IV — Impasse Procedures
Sec. 15. 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. 16. 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.
(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:
a. State and federal laws that are applicable to the employer.
b. Local rules, regulations, or ordinances.
c. Stipulations of the parties.
d. The interests and welfare of the public, and the financial ability of the
public
agency.
e. 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.
f. The consumer price index for goods and services, commonly known as
the
cost of living.
g. 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.
h. Any other facts not confined to those specified in paragraphs (a) -(g),
inclusive, which are normally or traditionally taken into consideration in
making the findings and recommendations, including, but not limited to:
(i.) Maintaining appropriate compensation relationships between
classifications and positions within the City;
(ii.) Other legislatively determined and projected demands on agency
resources (i.e., budgetary priorities as established by the
governing body);
(iii.) Allowance for equitable compensation increases for other
employees and employee groups for the corresponding fiscal
period(s);
(iv.) Revenue projections not to exceed currently authorized tax and
fee rates for the relevant fiscal year(s);
(v.) Assurance of sufficient and sound budgetary reserves; and
(vi.) Constitutional, statutory, and Municipal Code/ Charter 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.
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. 17. 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. 18. 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 (or City Charter
provisions).
(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. 19. 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.
PASSED, APPROVED AND ADOPTS by he ity ouncil of the City of
Lake Elsinore, California, this 12th day of March 201 - 1 /
E. Magee,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2013 -016 was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on the 12 day of March 2013, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Council Member Tisdale, Council Member Manos, Council Member
Hickman, Mayor Pro Tern Johnson and Mayor Magee
None
None
None