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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. -1- (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. -2- (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. - 3 - "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. -4- ''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: -5- (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 -7- 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