3040ORDIANCE NO. 3040
AN ORDINANCE OF THE CITY OF ANAHEI24 AMENDIING
TITLE 1 OF THE ANAH=%1 1141UNICIPAL CODE BY ADDING
THERETO CWiP`1-'E1: 1.06 RELAT Ii:'G TO E"%,1PLOYE.R-
E ?PLOYEE RELATIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title 1 of the Anaheim Municipal Code be, and the
same is hereby amended by adding thereto Chapter 1.06 --
EIPLOYER-E':PLOYEE RELATIONS, reading as follows
"CHAPTER 1.06 EMPLOYER--E"1PLOYEE RELATIONS
"SECTION 1.05.010 ADOPTION. In order to implement Chapter
10, Division 4, Title 1 of the Government Code of the State
of California (Sections 3500 et seq.) captioned 'Public
Employee Organizations': and to provide orderly procedures
for the adminis-'Lration of e--xployer-emnployee relations between
the City and its employee organizations, the following
employer-employee relations sys-cem is hereby adopted;
"SECTION 1.06.020 ADMINISTRATION. The erplover-employee
relations system establishe-i by this chapter shall be ad-
ministered by a City Managemeni- Representative designated
by the City Manager. The City Management Representative
under the direction of the City Manager, shall:
(a) Serve as the City's principal management repre-
sentative in all matters of employer-employee
relations, with authority to meet and confer. or
consult with employee organizations on matters
wi.tAin the scone of representation.
(b) A�Iminister all the provisions of this chapter
and of the e_kployee relations rules.
The City Manageilient Representative is authorized to dele-
gate these duties and responsibilities.
SECTION 1.06.030 DEFINITIONS. As used in this charter.
the following terms shall have the meanings inc7licated
(a) APPROPRIATE UNIy. cleans a unit established
pursuant to Section 1.06.120 of this chanter_.
(b) CITY: means the City of Anaheim; a municinal
corporation, and where appropriate herein, 'CITY'
refers to the City Council, the g_over_nina_, body of
said City.
(c) CITY MA1dAGE!,-1E1-,gT REP?ESENTATIVE: means the City's
principal management ren-_esentative in all
matters of e-anloyer-ertltnloyee relations, or his
duly authorized representative.
(d) CONSULT OR CONSULTATIOi>? Ii GOOD FAITTH T means to
communicate orally or in writing for the purpose
of presentiig and obtaining views and advising
of intended actions related to e-ioloyer--employee
relations.
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(e) EMPLOYEE: means any person who is employed by
the City except elected officials, members of
boards and commissions, volunteers, consultants,
and others rendering temporary professional ser-
vices by contract.
(f) EMPLOYEE, CONFIDENTIAL: means any employee who is
privy to information and decisions of management
affecting employer-employee relations.
(g) EMPLOYEE, MANAGEMENT: means (1) any employee
having significant responsibilities for formula-
ting and administering City policies and programs,
including but not limited to the City Manager,
department heads, assistant department heads,
division heads, assistant division heads, admin-
istrative staffs, police captains, police lieute-
nants, and fire battalion chiefs; and, (2) any
employee having authority to exercise independent
judgment to appoint, transfer, suspend, lay-off,
reinstate, promote, demote, dismiss, assign,
reward, or discipline subordinate employees, or
to adjust their grievances, or effectively to
recommend such action.
(h) EMPLOYEE, PROFESSIONAL: means employees engaged
in work requiring specialized knowledge and skills
attained through completion of a recognized course
of instruction, such as attorneys, physicians,
nurses, engineers, architects, planners, librarians,
accountants, and various physical, chemical and
biological scientists.
(i) EMPLOYEE ORGANIZATION: means any organization
which has as members persons who are employed by
the City and which has as its primary purpose
representing such employees in their employment
relations with .the City.
(j) EMPLOYER-EMPLOYEE RELATIONS: means the relation-
ship between the City and its employees and their
employee organizations.
(k) GRIEVANCE: as this term is defined in Section
1.06.140 of this chapter.
(1) MEET AND CONFER IN GOOD FAITH: means that the City
Management Representative and other representatives
as may be designated by the City Manager and repre-
sentatives of recognized employee organizations,
shall have the mutual obligation personally to meet
and confer for a reasonable period of time in order
to exchange freely information, opinions and pro-
posals, and to endeavor to reach agreement on
matters within the scope of representation.
(m) MEMORANDUM OF UNDERSTANDING: means a written
memorandum on the agreement reached through meet-
ing and conferring which shall not be binding.
(n) PEACE OFFICER; as this term is defined in the
California Penal Code.
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(o) RECOGNIZED aMPLOYEE ORGANIZATION: means an
employee organization which has been formally
acknowledged by the City Management Representa-
tive as an employee organization that represents
employees of the City.
(p) SCOPE OF REPRESENTATION: means all matters rela-
ting to employment conditions and employer-employee
relations, including, but not limited to, wages,
hours, and other terms and conditions of employ-
ment, except, however, that the scope of repre-
sentation shall not include consideration of the
merits, necessity, or organization of any service
or activity provided by law or administrative
order.
"SECTION 1.06.040 CITY MANAGE-71ENT RIGHTS. The City Manage-
ment retains, exclusively, all its inherent rights, functions,
duties and responsibilities except where specifically limited
in this chapter. The rights of the City 1anagement include,
but are not limited to, the exclusive right to consider the
merits, necessity or organization of any service or activity
provided by law, or administrative order; determine the
mission of its constituent departments, commissions and
boards; set standards of service, determine the procedures
and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of City operations;
determine the methods, means and personnel by which City
operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and
discretion over its organization and the technology of per-
forming its work.
"SECTION 1.06.050 EMPLOYEE RIGHTS. Employees of the City
shall have all rights granted to public employees under
California law. Employees of the City shall have the right
to form, join and participate in the activities of employee
organizations of their_ own choosing for the purpose of repre-
sentation on all matters of employer-employee relations.
Employees of the City also have the right to refuse to join
or participate in the activities of employee organizations
and shall have the right to represent themselves individually
in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced,
or discriminated against by the City or by any employee
organization because of his exercise of these rights.
"SECTION 1.06.060. ADOPTION OF RULES. Employee relations
rules, prepared by the City Management Representative, under
the direction of the City Manager will be submitted to the
City Council by the City Management Representative after
discussing them with recognized employee organizations. The
rules shall be submitted to the City Council for determina-
tion. The rules shall establish specific procedures and
regulations governing the operation of the employer-employee
relations system.
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"SECTION 1.06.070 NOTIFICATION. Reasonable written notice
shall be given by the City Management Representative to each
recognized employee organization affected, of any proposed
ordinance, resolution, rule or regulation directly relating
to matters within the scope of representation to be pre-
sented to the City Council for determination, and each shall
be given the opportunity to meet with the City Management
Representative prior to submission to the City Council for
determination.
"In cases of emergency when the City Council determines
that an ordinance, resolution, rule or regulation must be
adopted immediately without prior notice or meeting with a
recognized employee organization, the City Management
Representative shall provide such notice at the earliest
practicable time following the adoption of such ordinance,
resolution, rule or regulation.
"SECTION 1.06.080 CONSULTATION. The City Management
Representative, after consultation in good faith with repre-
sentatives of recognized employee organizations, may recom-
mend adoption of reasonable rules and regulations for the
administration of employer-employee relations. The City
Management Representative shall consult in good faith with
representatives of recognized employee organizations on
employer-employee relations matters which affect them,
including those that are not subject to meeting and con-
ferring.
"SECTION 1.06.090 MEET AND CONFER. The City Management
Representative and representatives of recognized employee
organizations, shall have the mutual obligation personally
to meet and confer in order to exchange freely information,
opinions and proposals and to endeavor to reach agreement on
matters within the scope of representation. Nothing herein
precludes the use of any impasse procedure authorized by law
whenever an agreement is not reached during the meeting and
conferring process and the use of such impasse procedure is
mutually agreed upon by the City Management Representative
and a recognized employee organization.
"The City Management Representative shall not be required to
meet and confer in good faith on any subject preempted by
Federal or State Law or by the City Charter nor shall he be
required to meet and confer in good faith on City Management
or Employee Rights as defined in Sections 1.06.040 and
1.06.050. Proposed amendments to this chapter are excluded
from the scope of meeting and conferring.
"SECTION 1.06.100 MEMORANDUM OF UNDERSTANDING. When the
meeting and conferring process results in agreement between
the City Management Representative and a recognized employee
organization representing a majority of the employees in an
appropriate unit, such agreement shall be incorporated in a
written memorandum of understanding, signed by the City
Management Representative and employee organization repre-
sentatives. The matters incorporated in the memorandum
shall be presented to the City Council, or its statutory
representative, for determination.
"SECTION 1.06.110 PETITION FOR RECOGNITION. There are two
levels of employee organization recognition - recognition
for purposes of consultation and recognition for purposes of
meeting and conferring. The recognition requirements of each
are set forth below.
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''An employee organization that seeks recognition for purposes
of consultation as a representative of employees shall file
a petition with the City Management Representative contain-
ing the following information and documentation:
(a) Name and address of the employee organization.
(b) Names, job class titles, addresses and phone
numbers of its officers.
(c) Names, job class titles, addresses and phone num-
bers of employee organization representatives who
are authorized to speak on behalf of its members.
(d) A statement that the employee organization has, as
its primary purpose, representing employees in
their employment relations with the City.
(e) A statement whether the employee organization is a
chapter or local of, or affiliated directly or
indirectly in any manner with, a regional or state,
or national or international organization, and,
if so, the name and address of each such regional,
state or international organization.
(f) One copy each of the employee organization°s con-
stitution, by-laws and explanation of payroll
deduction components such as dues, insurance,
retirement, health and welfare benefits, etc.
(g) A designation of those persons, not exceeding two
in number, and their addresses and phone numbers,
to whom notice will be deemed sufficient notice
to the employee organization for any purposes.
(h) A statement that the employee organization has no
restriction on me;abershi,_, based on religious or
political beliefs or affiliations, sex, race,
ethnic or geographical origin.
(i) Written proof dated within three months prior to
the date upon which the petition is filed, to
establish that employees have designated the
employee organization to represent them in their
employment relations with the City. Such written
proof may consist of a signed petition or dues
deduction cards and shall include the names and
job class titles of employees and shall be subject
to confirmation by the City-Aanagement Represen-
tative.
(j) A request that the City _,11anagement Representative
recognize the employee organization for the pur-
pose of consultation.
`7An employee organization seeking recognition as majority
representative of the employees in a unit claimed to be
appropriate for the purpose of meeting and conferring must,
in addition, include the following information and docu-
mentation in their petition for recognition:
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(a) The names and job class titles of member
employees in a unit claimed to be appropriate.
(b) A request that the City Management Representa-
tive recognize the employee organization as the
majority representative of the employees in the
unit claimed to be appropriate for the purpose
of meeting and conferring on all matters within
the scope of representation.
"The petition, including all accompanying documents, shall
be verified, under oath, by the President and Secretary of
the organization that the statements are true. All changes
in such information shall be filed forthwith in like manner.
''SECTION 1.06.120 DETERMINING APPROPRIATE UNIT. The City
Management Representative, after reviewing a petition filed
by an employee organization seeking recognition as majority
representative, shall determine whether the proposed unit
is an appropriate unit. Appropriate consideration shall be
given to the following factors, among others, in making
such determination:
(a) which unit will assure employees freedom in
the exercise of rights consistent with this
chapter.
(b) The history of employee relations: (1) in the
unit; (2) among other employees of the City; and
(3) in similar public employment.
(c) The effect of the unit on the efficient operation
of the City and sound employer-employee relations.
(d) The extent to which employees have common skills,
working conditions, job duties or similar edu-
cational requirements.
(e) The effect on the existing classification structure
of dividing a single classification among two or
more units.
"Provided, however, no unit shall be established on the
basis of the extent to which employees in the proposed unit
have organized.
"In the establishment of appropriate units:
(a) Management employees shall not be included in the
same unit with non -management employees for the
purpose of meeting and conferring, nor may they
represent such employees on matters within the
scope of representation.
(b) Confidential employees who are included in the
same unit with non -confidential employees may
not represent such employees on matters within
the scope of representation.
(c) Peace Officers shall not be included in the same
unit with non -peace officers for the purpose of
meeting and conferring, nor may they represent
such employees for the purpose of meeting and
conferring.
(d) Professional employees shall not be denied the
right to be represented separately from non-
professional employees.
"Peace Officers may form, join, participate in, and be
represented by employee organizations of their own choosing
for the purpose of representation on all matters of employer-
employee relations as provided by this chapter, provided
such employee organizations:
(a) Concern themselves solely and exclusively with
the wages, hours, working conditions, welfare
programs, and advancement of the academic and
vocational training in furtherance of the peace
officers' profession.
(b) Are not subordinate to any other organization.
"If the City Management Representative finds that the pro-
posed unit is not an appropriate unit, he shall state the
reasons and notify the employee organization thereof.
"The determination of whether or not the proposed unit is
an appropriate unit shall be made by the City Management
Representative within twenty (20) working days after the date
of the filing of the petition with the City Management Repre-
sentative.
Appropriate units established pursuant to Section 1.06.120
of this chapter shall not be represented by more than one
recognized employee organization.
"SECTION 1.06.130 DETERMINING RECOGNITION. There are two
levels of employee organization recognition - recognition
for purposes of consultation and recognition for purposes
of meeting and conferring. The City Management Representa-
tive shall grant recognition, in writing, for purposes of
consultation in good faith for its members, to all employee
organizations filing a petition seeking recognition for
purposes of consultation and submitting all information and
documentation required by Section 1.06.110 of this chapter.
If the City Management Representative finds that an employee
organization has not complied with Section 1.06.110 of this
chapter, he shall state the reasons and notify the employee
organization that it will not be granted recognition for
purposes of consultation.
"The determination of whether or not an employee organization
shall be granted recognition for purposes of consultation
in good faith for its members shall be made by the City
Management Representative within twenty (20) working days
after the date of the filing of the petition with the City
Management Representative.
"The City Management Representative shall determine the
majority representative of City employees in an appropriate
unit by arranging for a secret ballot election. The employee
organization found to represent a majority of the employees
in an appropriate unit shall be granted recognition for
purposes of meeting and conferring in good faith within
twenty (20) working days after the date of the election,
and shall be the only employee organization entitled to
meet and confer in good faith on matters within the scope
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of representation for employees in such unit. This shall
not preclude other recognized employee organizations, or
individual employees, from consulting with City representa-
tives on employer-employee relations matters of concern to
them.
"In cases where an employee organization has a Memorandum
of Understanding in effect on the effective date of this
Ordinance and said employee organization and the City
Management Representative have reached agreement on the
appropriate unit or units covered by said Memorandum of
Understanding, then the secret ballot election required by
Section 1.06..130, Paragraph 4, shall not be applicable.
"Said employee organization shall be granted recognition by
the City Management Representative for purposes of meeting
and conferring in good faith for the appropriate unit or
units so determined.
"The recognition rights of a majority representative in an
appropriate unit designated in accordance with this section
shall not be subject to challenge for a period of not less
than twelve months following the date of such recognition
nor during a period of ninety (9.0) days immediately prior
to the expiration date of a memorandum of understanding
between the City Management Representative and the majority
representative. Existing memorandums of understanding shall
remain in effect even when the recognition rights of employee
organizations are changed in accordance with the provisions
of this section.
"SECTION 1.06.140 GRIEVANCES. A grievance is a dispute
concerning any alleged violation of the Personnel Ordinance
or Personnel Resolution, any alleged improper treatment of
an employee, or any alleged violation of commonly accepted
safety practices and procedures. Grievances shall be
processed in accordance with established procedures.
"SECTION 1.06.150 APPROPRIATION OF FUNDS. The City Council
shall appropriate such funds as are necessary to carry out
the provisions of this chapter.
"SECTION 1.06.160 CONSTRUCTION. Nothing in this chapter
shall be construed to deny any person or employee the rights
granted by Federal and State laws and City Charter provi-
sions. The rights, powers and authority of the City Council
in all matters, including the right to maintain any legal
action, shall not be modified or restricted by this chapter.
The provisions of this chapter are not intended to conflict
with the provisions of Chapter 10, Division 4, Title 1 of
the Government Code of the State of California (Sections
3500, et seq.) as amended in 1968.
"SECTION 1.06.170 SEVERABILITY. If any section, sub-
section,
ubsection, subdivision, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this chapter. The City Council hereby declares
that it would have passed this chapter, and each section,
subsection, subdivision, sentence, clause, and phrase
thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses or
phrases be declared unconstitutional."
SECTION 2.
The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and circu-
lated in said City, and thirty (30) days from and after its final
passage it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me
this 16th day of May, 1972.
0 OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 3040 was introduced
at a regular meeting of the City Council of the City of Anaheim, held
on the 2nd day of May, 1972, and reintroduced as amended at a regular
meeting of the City Council of the City of Anaheim, held on the 9th
day of May, 1972, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 16th day of May, 1972,
by the following vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Pebley and Dutton
NOES: COUNCILMEN: Sneegas and Thom
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 3040 on the 16th day of May, 1972.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of May, 1972.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL) J
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original Ordinance No. 3040 and was
published once in the Anaheim Bulletin on the 26th day of May, 1972.
City Clerk