HomeMy WebLinkAboutORD 1042ORDINANCE NO. 1042
ORDINANCE OF THE CITY OF PALM DESERT ESTABLISHING RULES &
_ REGULATIONS FOR THE ADMINISTRATION OF THE CITY OF PALM
DESERT EMPLOYER -EMPLOYEE RELATIONS
WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State of
California was adopted for the purpose of promoting improved employer -employee
relations between public employers and their employees by establishing uniform and
orderly methods of communication between employees and the public agencies by
which they are employed; and
WHEREAS, Government Code Section 3507 empowers a public agency 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
NOW, THEREFORE, BE IT ORDAINED that the following Employer -Employee
Relations Ordinance is hereby adopted as Municipal Code Section 2.53 by the City of
Palm Desert as follows:
Section 1. Title of Ordinance
This Ordinance shall be known as the Employer -Employee Relations Ordinance of the
City of Palm Desert.
Section 2. Statement of Purpose
The purpose of this Ordinance is to implement Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 et seq.) captioned, "Local
Public Employee Organizations," commonly known and referred to as the Meyers-
Milias-Brown Act (MMBA). By providing orderly procedures for the administration of
employer -employee relations between the City and its employees and employee
organizations and for resolving disputes regarding wages, hours, and other terms and
conditions of employment.
Section 3. Definitions
A. As used in this Ordinance, the following terms shall have the meanings indicated.
(1) "Administrator" means the City Manager of the City of Palm Desert, and in
his or her absence, the duly authorized representative.
(2) "Appropriate Unit" means a unit established pursuant to Section 10 of this
Ordinance.
(3) "City" means the City of Palm Desert.
(4) "City Council" means the City Council of the City of Palm Desert.
(5) "City's Representatives" means the City's representatives in all matters of
employer -employee relations designated pursuant to Section 11 hereof,
which includes the City Manager and/or his designee(s).
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(6) "Consult or Consultation in Good Faith" means to communicate orally or in
writing for the purpose of presenting and obtaining views.
(7) "Days" means calendar days unless otherwise stated.
(8) "Employee" means any person regularly employed by the City that has
passed his/her initial probationary period.
(9) "Employee, Confidential' means any employee who is privy, in advance,
to decisions of City management affecting employer -employee relations,
including but not limited to any individual who assists and/or acts in a
confidential capacity to persons who formulate, determine and/or effecture
management policies in the field of employer/employee relations.
(10) "Employee, Management' means any employee having significant
responsibilities for formulating and administering City policies and
programs, including but not limited to the City Manager, Assistant City
Manager for Community Services, Assistant City Manager for
Development Services, Assistant City Manager for Redevelopment,
Economic Development and Housing, Director of Finance/City Treasurer,
Director of Public Works, Director of Human Resources, Director of
Building & Safety, Director of Housing, Director of Redevelopment,
Director of Special Programs, Director of Community Development and
City Clerk.
(11) "Employee Organization" means any organization that includes employees
of the City and has as one of its primary purposes representing such
employees in their employment relations with the City.
(12) "Employee, Professional" means any employee engaged in work requiring
specialized knowledge and skills attained through completion of a
recognized course of instruction, including but not limited to attorneys,
physicians, registered nurses, engineers, architects, teachers and various
physical chemical and biological scientists.
(13) "Employer -Employee Relations" means the relationship between the City
and its employees and their employee organizations or when used in a
general sense the relationship between City management and employees
or employee organizations.
(14) "Impasse" means (1) the failure of representatives of the City and a
majority representative to reach an agreement over (a) wages, hours, and
other terms and conditions of employment; or (b) whether or not a subject
comes within the scope of representation; or (2) any unresolved complaint
by an affected employee organization concerning a decision of City
representatives made pursuant to Sections 9, 10 or 11 of this Ordinance.
(15) "Majority Representative" means an employee organization, or its duly
authorized representatives, that has been granted formal recognition by
the City as representing the majority of employees in an appropriate unit.
(16) "Mediation or Conciliation" means the efforts of an impartial third person,
or persons functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse, through interpretation, suggestion and
advice. Mediation and conciliation are interchangeable terms.
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(17) "Meet and Confer in Good Faith" (sometimes referred to herein as meet
and confer or meeting and conferring) means performance by duly
authorized City representatives and duly authorized representatives of an
employee organization recognized as the majority representative of their
- mutual obligation to meet promptly upon request by either party and at
reasonable times and to confer in good faith regarding matters within the
scope of representation, including wages, hours and other terms and
conditions of employment, in an effort to:
(a) reach agreement on those matters within the authority of such
representatives prior to the adoption by the City of its final budget
for the ensuing year, and
(b) reach agreement on what will be recommended to the City Council
on those matters within the decision -making authority of the City
Manager. This does not require either party to agree to a proposal
or to make a concession.
"(18) Ordinance" means, unless the context indicates otherwise, the Employer -
Employee Relations Ordinance of the City of Palm Desert.
(19) "Recognized Employee Organization" means an employee organization
that has been acknowledged by the City as an employee organization that
represents employees of the City. The rights accompanying recognition
are either:
(a) Formal Recognition, which is the right to meet and confer in good
faith as the majority representative in an appropriate unit; or
(b) Informal Recognition, which is the right to consultation in good faith
by all recognized employee organizations.
(20) "Scope of Representation" means all matters relating to employment
conditions and employer -employee relations, including but not limited to,
wages, hours and other terms and conditions of employment. In accord
with applicable law, the Scope of Representation shall not include (a) City
actions falling within the exercise of fundamental managerial policy, or (b)
the merits, necessity, or organization of any service or activity provided by
law or executive order.
Section 4. Employee Rights
Employees of the City shall have the right to form, join and participate in the activities of
the employee organizations of their own choosing for the purpose of representation on
all matters of employer -employee relations, including but not limited to, wages, hours
and other terms and. conditions of employment. Employees of the City also shall have
the right to refuse to join or participate in the activities of the 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/her exercise of these rights, consistent with applicable law. In addition,
employees have additional rights as granted to them by the City's personnel ordinance
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and any memorandum of understanding between the City and an employee
organization.
Section 5. City Rights
The rights of the City include, but are not limited to, the exclusive right to determine the
nature and extent of services to be performed, as well the right. to determine and
implement its public function and responsibility; determine the mission of its constituent
departments; manage and control all property, facilities and operations, including the
methods, means, and personnel by which the City's operations are to be conducted; set
standards of service; determine the size and composition of the working force;
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, funds or for other legitimate reasons; maintain the efficiency of
governmental operations; determine the content of job descriptions and classifications;
take all necessary actions to carry out its mission in emergencies; exercise complete
control and discretion over its organization and technology of performing work; and take
such other and further action as may be necessary to organize and operate the City in
the most efficient and economical manner and in the best interest of the public it serves.
Section 6. Meet and Confer in Good Faith; Scope
The City, through its representatives, shall meet and confer in good faith with
representatives of formally recognized employee organizations with majority
representation rights regarding matters within the scope of representation, including
wages, hours and other terms and conditions of employment within the appropriate unit.
Section 7. Consultation in Good Faith; Scope
All matters affecting employer -employee relations, including those that are not subject
to meeting and conferring, are subject to consultation. The City, through its
representatives, shall consult in good faith with representatives of all recognized
employee organizations on employer -employee relations matters that affect them.
Section 8. Advance Notice
A. Written notice, of at least 20 calendar days, shall be given to each formally
recognized employee organization affected by any ordinance, rule, or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the City and each such organization shall be given the opportunity to
meet with the City prior to adoption.
B. The City reserves the right to take whatever action may be necessary in an
emergency situation, however, a recognized employee organization affected by
the action shall be promptly notified.
Section 9. Petition for Recognition
A. There are two levels of employee organization recognition, formal and informal.
The requirements for establishing the formal and informal recognition of
employee organizations are set forth below.
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B. Formal Recognition —The Right to Meet and Confer in Good Faith as Majority
Representative:
(1) An employee organization that seeks formal recognition for purposes of
_ meeting and conferring in good faith as the majority representative of City
employees in an appropriate unit shall file a petition with the Administrator
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 its members.
(d) A statement that the employee organization has, as one of its
primary purposes, the function of representing employees in their
employment relations with the City.
(e) A statement whether the employee organization is a chapter or
local of, or affiliated in any manner with, a regional, state, national
or international organization and if so, the name and address of
each such regional, state, national or international organization.
(f) Certified copies of the employee organization's constitution and/or
by-laws.
(g) A designation of those persons, not exceeding two in number, and
their addresses, to whom notice sent by they City internal mail
system or regular United States mail will be deemed sufficient
notice to the employee organization for any purpose.
(h) A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, age over 40, national
origin, disability, sexual orientation or any other category protected
by State and/or federal law.
(i) The job classifications or 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
written proof, dated within six months of the date upon which the
petition is filed, currently effective or a payroll dues deduction
authorization to establish that City 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 a mutually
agreed upon disinterested third party.
(k) A request that the City recognize the employee organization as the
majority representative of the member employees in the unit
claimed to be appropriate for the purpose of meeting and conferring
in good faith on all matters within the scope of representation.
(1) The petition, including all accompanying documents, shall be
verified, under oath, by the elected officers of the employee
organization that the statements are true. All changes in such
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information shall be filed with the Administrator forthwith in like
manner.
(2) The petition shall be accompanied by written proof that at least 30% 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; provided, however, the employee organization may request
that such written proof be submitted to a mutually agreed upon
disinterested third party. Upon receipt of the Petition for Recognition, the
City shall determine whether:
(a) There has been compliance with the requirements of the Petition
for Recognition; and
(b) The proposed unit is an appropriate unit.
If the City affirms the foregoing two matters, the Administrator shall give
notice of such request for formal recognition to appropriate City
employees in the unit and shall take no action on said request for 20 days
thereafter. If either of the foregoing matters is not determined
affirmatively, the Administrator shall inform the employee organization of
the reasons therefore in writing.
(3) Within 20 days of the date notice to employees is given, any other
employee organization (hereinafter referred to as the "challenging
organization") may seek formal recognition in an overlapping unit by filing
a Petition for Recognition; provided, however, such challenging
organization must submit written proof that it represents at least 30% of
the employees in such unit. The Administrator shall hold a hearing on
such overlapping petitions, at which time all affected employee
organizations shall be heard. Thereafter, the Administrator shall
determine the appropriate unit or units as between such proposed
overlapping units in accordance with the criteria set forth in Section 10
hereof.
(4) If the written proof submitted by the employee organization in the unit
found to be appropriate establishes that it represents more than 50% of
the employees in such unit, the City may, in its discretion, grant formal
recognition to such employee organization without a secret ballot election.
The City shall not grant such formal recognition without a secret ballot
election, however, in the event written proof is submitted by another
employee organization that establishes that it represents more than 30%
of the employees in the unit found to be appropriate.
(5) When an employee organization submits written proof that it represents at
least 30% of the employees in the unit found to be appropriate, but it does
not qualify for or has not been granted recognition pursuant to subsection
(4) herein, the City shall arrange for a secret ballot election to be
conducted by the California State Mediation and Conciliation Service or
some agreed upon third party. All challenging organizations that have
submitted written proof that they represent at least 10% of the employees
in the unit found to be appropriate and have submitted a Petition for
Recognition as required by Section 9 of the Ordinance shall be included
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on the ballot. Employees entitled to vote in such election shall be those
persons regularly employed in positions within the unit found appropriate
who were employed during the last full pay period immediately preceding
15 days before the election, including those who did not work during such
period because of illness, vacation or authorized leaves of absence and
who are employed by the City in the same unit on the date of the election.
The City representatives shall upon written request of any employee
organization to be involved in such election, consult with said employee
organization with respect to the procedures for conducting such election
and shall allow any such employee organization to maintain an observer
at the balloting site or sites upon specific request of said employee
organization. An employee organization shall be granted formal
recognition following an election or run-off election if it receives more than
fifty percent of all valid votes cast by eligible voters. When none of the
choices receives a majority of the valid votes cast in an election involving
three or more choices, 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 shall also apply to a run-off election.
(6) There shall be no more than one valid election in a 12-month period within
the same unit.
C. Decertification of Established Unit.
(1) A Petition for Decertification alleging that an employee organization
granted formal recognition is no longer the majority representative of the
employees in an appropriate unit may be filed with the City only during the
months of October through December of each year following the first full
year of formal recognition (e.g., for an employee organization granted
formal recognition between December 1, 2002 and September 30, 2003, a
Petition for Decertification may not be filed until October 1, 2003). The
Petition for Decertification may be filed by an employee, a group of
employees or their representative, or an employee organization. The
petition, including all accompanying documents, shall be verified under
oath by the person signing it, that its contents are true. It may be
accompanied by a Petition for Recognition by a challenging organization.
The Petition for Decertification shall contain the following information:
(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 formally recognized employee organization.
(c) An allegation that the formally recognized employee organization
no longer represents a majority of the employees in the appropriate
unit, and any other relevant and material facts.
(d) Written proof that at least 30% of the employees in the unit do not
desire to be represented by the formally recognized employee
organization. Such written proof shall be dated within six months of
the date upon which the petition is filed and shall be submitted for
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confirmation to the City or to a mutually agreed upon disinterested
third party.
(2) The City shall arrange for a secret ballot election to determine if the
formally recognized employee organization shall retain recognition. The
formally recognized employee organization shall be decertified if a
numerical majority of all the employees eligible to vote in the unit in
question vote for decertification.
(3) There shall be no more than one valid decertification election in the same
unit in any 12 month period.
D. Duration of Formal Recognition. When an employee organization has been
formally recognized, as provided herein, such recognition shall remain in effect
for one year from the date thereof and thereafter until such time as the City shall
determine on the basis of a secret ballot election conducted in accordance with
the foregoing rules, that the formally recognized employee organization no longer
represents a majority of the employees in the appropriate unit. While formal
recognition is in effect, the City will provide to formally recognized organizations
in the units that each such organization represents the names and working units
of all employees hired and the names of all employees whose employment is
terminated. Such lists will be supplied to the appropriate organization by the 15th
of the month following the hire or termination.
E. Cost of Election Proceedings. The cost of any election proceeding shall be
borne by the employee organization or organizations whose name(s) appear on
the ballot. Prior to any such election proceeding the employee organization or
organizations whose name(s) appear on the ballot shall make arrangements
acceptable to the City for payment of the cost of said election proceedings. The
City may permit the employee organization to use City facilities and supplies to
distribute information to its members.
F. Impasses in Representation Proceedings. Any unresolved complaint by an
affected employee organization, advanced in good faith, concerning a decision of
the City made pursuant to subsections A, B, C or D of this Section shall be
processed in accordance with the procedures set forth in Section 13 of the
Ordinance, provided, however, the written request for an impasse meeting, as
described in Section 13, must be filed with the Administrator within seven
calendar days after the affected employee organization first received notice of
the decision upon which its complaint is based, or its complaint will be
considered closed and not subject to the impasse procedures or to any other
appeal.
G. Informal Recognition —Having The Right to Consult in Good Faith.
An employee organization that seeks recognition for purposes of consultation in
good faith shall file a petition with the Administrator containing the following
information and documentation:
(1) All or the information enumerated in B(1)(a) through 0) inclusive, and as
required by B(1)(1) of this Section.
(2) A statement that the employee organization has in its possession written
proof, dated within six months of the date upon which the petition is filed,
to establish that employees have designated the employee organization to
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represent them in their employment relations with the City. Such written
proof shall be submitted for confirmation to the Administrator or to a
mutually agreed upon disinterested third party.
(3) A request that the City recognize the employee organization for the
purpose of consultation in good faith.
H. Granting of Recognition. The City shall grant recognition, in writing, to all
employee organizations that have complied with either subsection B or
subsection G of Section 9 for purposes of consultation in good faith for the
organization's employee members. An employee organization seeking formal
recognition as majority representative must, in addition, establish to the
satisfaction of the City that it represents a majority of the employees in the
manner prescribed in Section 9.13(4) or (5). No employee may be represented by
more than one recognized employee organization for the purpose of meeting and
conferring with the City representatives.
Section 10. Appropriate Unit
A. The City, after reviewing the petition filed by an employee organization seeking
formal recognition as majority representative, shall determine whether the
proposed unit is an appropriate unit. The principal criterion in making this
determination is whether there is a community of interest among such
employees. The following factors, among others, shall be considered in making
such determination:
(1) Which unit will assure employees the fullest freedom in the exercise of
rights set forth in this Ordinance.
_ (2) The history of employee relations: (i) in the unit; (ii) among other
employees of the City; and (iii) in similar public employment.
(3) The effect of the unit on the efficient operation of the City and sound
employer -employee relations.
(4) The extent to which employees have common skills, working conditions,
job duties or similar educational requirements.
(5) The effect on the existing classification structure of dividing a single
classification among two or more units.
No unit shall be established solely on the basis of the extent to which employees
in the proposed unit have organized.
B. In the establishment of appropriate units:
(1) professional employees shall not be denied the right to be represented
separately from nonprofessional employees [Note: there is at least one
case that says each profession is entitled to its own bargaining unit if it
desires.]; and
(2) management and confidential employees shall not represent any
employee organization on matters within the scope of representation when
such employee organization represents other employees of the City.
(3) management and confidential employees shall not be included for
purposes of representation in the same units as non -management and
non -confidential employees.
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Section 11. Designation of City Representatives
The City Manager, and/or his/her designee shall be the City's principal representatives
in all matters of employer -employee relations, with authority to meet and confer in good
faith on matters within the scope of representation, including wages, hours, and other —
terms and conditions of employment.
Section 12. Reasonable Time Off to Meet and Confer
A. The City shall allow a reasonable number of employee representatives of
recognized employee organizations reasonable time off without loss of
compensation or other benefits when formally meeting and conferring with
representatives of the City on matters within the scope of representation. Where
circumstances warrant, the City representatives may approve the attendance at
such meetings of additional employee representatives with or without loss of
compensation. The employee organization shall, whenever practicable, submit
the names of all such employee representatives to the City representatives at
least two working days in advance of such meetings, provided that:
(1) No employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other
authorized City management official.
(2) Any such meeting is subject to scheduling by City management and the
employee organization in a manner consistent with operating
requirements and work schedules.
B. Nothing provided herein shall limit or restrict City management and employee
organizations from scheduling such meetings before or after regular duty or work
hours under appropriate circumstances.
Section 13. Impasse Procedures
A. Impasse procedures may be invoked only after the possibility of settlement by
direct discussion has been exhausted.
B. The impasse procedures that may be invoked to resolve the impasse include the
following:
(1) Mediation (or Conciliation) as defined in subsection 16 of Section 3. All
mediation proceedings shall be conducted confidentially. The mediator
shall make no public recommendations nor take any public position
concerning the issues.
(2) Determination by the City Council after a hearing on the merits of the
dispute.
(3) Any other dispute resolving procedures to which the parties mutually
agree or which the City may order.
C. Any party may initiate the impasse procedure by filing with the other party (or
parties) affected a written request for an impasse meeting together with a
statement of its position on all disputed issues. An impasse meeting may then
be scheduled by the City's representatives within a reasonable time after the date
of filing of the written request for such meeting, with written notice to all parties
affected. The purpose of such impasse meeting is twofold:
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(1) to permit a review of the position of all parties in a final effort to reach
agreement on the disputed issues and
(2) if agreement is not concluded, to mutually select the specific impasse
procedure to which the dispute may be submitted.
D. In the event the parties select mediation, a mediator shall be selected who is
mutually agreeable to the parties, provided that if the parties cannot agree upon
the choice of mediator, a list of seven impartial mediators shall be obtained from
the California State Mediation and Conciliation Service, and each party shall
alternatively strike one name from the list until only one name remains, the first
party to strike having been chosen by lot. In the absence of agreement between
the parties on the impasse procedure to follow, the matter may be referred to the
Public Employment Relations Board.
E. The fees and expenses, if any, of mediation or of any other impasse procedure,
shall be payable one-half by the City and one-half by the employee organization
or employee organizations.
Section 14. Memorandum of Understanding
A. When the meeting and conferring process is concluded between the City
representatives and a formally recognized employee organization representing a
majority of the employees in an appropriate unit, all agreed -upon matters shall be
incorporated in a written memorandum of understanding, which shall be advisory
to the City Council, signed by the City Manager and the majority representatives.
B. The memorandum of understanding shall be submitted to the City Council for
final determination and adoption
Section 15. Dues Check -off
A. Only a formally recognized employee organization (i.e., the majority
representative of employees in an appropriate unit) may be granted permission
by the City to have the regular dues or other authorized employee organization
charges of its members deducted from their paychecks, in accordance with
procedures prescribed by the City.
B. Dues deduction shall be for a specified amount and shall be made only upon the
voluntary written authorization of the member. Dues deduction authorization may
be canceled and the dues check -off payroll discontinued at any time by the
member upon voluntary written notice to the City. Dues deduction authorization
or cancellation shall be made available upon forms developed by the City and the
recognized employee organization and provided by the City. Dues deduction
may be continued only upon voluntary written authorization of the member.
C. Should any employee choose not to join the majority representative employee
organization and therefore not render periodic dues and charges, the employee
may be required to render an agency fee as delineated in sections 1157.7,
3502.5 and 3508.5 of the Government Code of the State of California, if required
by the terms of a Memorandum of Understanding between the City and the
majority representative. Terms requiring an agency shop may be agreed upon
only when a secret ballot election held separately for each represented group
confirms that a majority of the represented employees voting agrees to an
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i
agency shop. Such election will be held by a process supervised by a neutral
third party such as the California State Mediation and Conciliation Service.
There shall be no more than one valid agency shop election in the same unit in
any twelve (12) month period. An agency shop arrangement shall not apply to
managerial, confidential or supervisory employees.
D. The employee's earnings must be regularly sufficient after other legal and
required deductions are made to cover the amount of any dues check -off
authorized. When a member in good standing of the formally recognized
employee organization is in a non -paid status for an entire pay period, no dues
withholding shall be made to cover that pay period from future earnings nor shall
the member deposit the amount with the City which would have been withheld if
the member had been in paid status during that period. If an employee is in a
non -paid status during only a part of the pay period but the earnings are not
sufficient to cover the full withholding, no deduction shall be made. All other legal
and required deductions shall have priority over employee organization dues.
E. Dues or other charges withheld by the City shall be transmitted to the officer or
organization designated in writing by the employee organization as the person or
organization authorized to receive such funds, at the address specified.
F. All employee organizations who receive dues check -off shall indemnify, defend,
and hold the City and its officers and employees harmless against any claims
made and against any suit instituted against the City on account of check -off of
employee organization dues, including but not limited to all costs of defending
against any such claims or suits. In addition, all such employee organizations
shall refund to the City any amounts paid to them in error upon presentation of
supporting documentation or other evidence.
Section 16. Access to Work Locations
A. Reasonable access to employee work locations shall be granted officers of the
recognized employee organizations and their officially designated
representatives, for the purpose of processing grievances or contacting members
of the organization concerning business within the scope of representation. The
officers or representatives shall not enter any work locations without proper
notification to the designated representative of the City. Access shall be
restricted so as not to unduly interfere with the normal operations of the City or
with established safety or security requirements.
Section 17. Use of Bulletin Boards
Recognized employee organizations may use designated portions of City bulletin
boards under the same procedures applicable to the posting of other business -related
items at the City of Palm Desert.
Section 18. Availability of Data
A. The City shall make available to employee organizations such non -confidential
information pertaining to employment relations as is contained in the public
records of the City, subject to the limitations and conditions set forth in this
Ordinance and Government Code Sections 6250-6260.
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B. Such information shall be made available during regular office hours in
accordance with the City's rules and procedures for making public records
available and after payment of reasonable costs.
C. Information that shall be made available to employee organizations includes
regularly published data covering subjects under discussion. Data collected on a
promise to keep its source confidential may be made available in statistical
summaries, but shall not be made available in such form as to disclose the
source.
D. Nothing in this rule shall be construed to require disclosure of records that are:
(1) Personnel, medical and similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy.
(2) Working papers or memoranda that are not retained in the ordinary course
of business or any records when the public interest served by not making the
record available clearly outweighs the public interest served by disclosure of the
record.
(3) Records pertaining to pending litigation to which the City is a party, or to
claims or appeals that have not been settled.
E. Nothing in this rule shall be construed to require the City to do research for an
inquirer or to do programming or to assemble data in a manner or to an extent
other than usually done by the City.
I. SECTION 19. PEACEFUL PERFORMANCE OF SERVICE
A. It is the policy of the City to promote employer -employee relations, maintain full
communication between the City and its employees and recognize the right of
employees to join organizations of their own choice and be represented by recognized
employee organizations, as provided herein.
B. It is also the policy of the City that all services, operation of facilities and
functions of the City shall be performed in a peaceful, orderly, expeditious and lawful
manner. Significant disruption of the services provided by the City could create a
substantial and imminent threat to the health or safety of the public located in the City of
Palm Desert.
C. Consistent with applicable law, any employee who encourages, causes or
participates in any strike, walkout, stoppage, retarding of work, concerted failure to
report for work, or any other interference with conduct of the City's operations that
creates a substantial and imminent threat to public health and safety, shall be subject to
immediate disciplinary action, up to and including discharge.
D. In addition to the above provision prohibiting actions creating a substantial and
imminent threat to public health and safety, no employee or employee organization shall
engage in any strike, picketing, or other concerted refusal to work without, not less than
ten days prior to such action, notifying the City and the California State Mediation and
Conciliation Service (SMCS) in writing of that intention. The notice shall state the date
and time that such action will commence. The notice, once given, may be extended by
the written agreement of both parties.
Ordinance No. 1042
Page 14 of 14
Section 20. Construction
A. Nothing in this Ordinance shall be construed to deny any person or
employee the rights granted by federal and State laws.
B. The rights, powers, duties and authority of the City in all matters, including the
right to maintain any legal action, shall not be modified or restricted by this
Ordinance.
C. The provisions of the Ordinance are not intended to conflict with, but rather to
carry out, the provisions of Chapter 10, Division 4, Title 1 of the Government
Code of the State of California (Sections 3500, et seq.).
Section 21. Amendments
This Ordinance shall be subject to amendment by Ordinance passed at stated meetings
of the City Council, or upon previous notice of the intention to so amend said Ordinance,
at a special meeting called for such purpose and after consultation in good faith as
required by Section 3507 of the Government Code of the State of California.
Section 22. Separability
If any provision of this Ordinance, or the application of such provision to any person or
circumstance, shall be held invalid, the remainder of this Ordinance, 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.
Section 23. Implementation
Upon adoption of this Ordinance by the City Council, it shall be immediately effective in
all its terms.
PASSED AND ADOPTED by the City Council this _8th_ day of _May _, 2003, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NONE
NONE
NONE
.S
�RACH�ELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA