CC Resolution 1994-021RESOLUTION NO. 94-21
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
PROVIDING FOR ORDERLY EMPLOYER-
EMPLOYEE RELATIONS BETWEEN THE CITY
OF LA QUINTA AND REGULAR CITY
EMPLOYEES
WHEREAS, Chapter 1 O, Division 4, Title 1 of the Government Code of the State
of California states that one of its purposes is to promote 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 City to adopt
reasonable rules and regulations after consultation in good faith with representatives
of its employee organizations for the administration of employer-employee relations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
TITLE OF RESOLUTION
This Resolution shall be known as the Employer-Employee Relations Resolution
of the City of La Quinta.
SECTION 2. STATEMENT OF PURPOSE
The purpose of this Resolution is to provide orderly procedures for the
administration of employer-employee relations between the City and its employee
organizations.
SECTION 3. DEFINITIONS
As used in this Resolution, the following terms shall have the meanings
indicated: '
(A.)
APPROPRIATE UNIT - means a unit established pursuant to Section 9 of
this Resolution.
(B.)
CITY - means the City of La Quinta, a municipal corporation, and where
appropriated herein, "City" refers to the City Council, the governing body
of said City, or any duly authorized management employee as herein
defined.
Resolution No. 94-21
Page 2
(C.)
CONSULT OR CONSULTATION IN GOOD FAITH - means to
communicate orally or in writing for the purpose of
and obtaining views or advising of intended actions.
presenting
(D.) EMPLOYEE - means any person regularly employed by the City except
those persons elected by popular vote.
(E.)
EMPLOYEE, CONFIDENTIAL - means an employee who is privy to
decisions of City management affecting employer-employee relations.
(F.)
EMPLOYER-EMPLOYEE RELATIONS - means the relationship between~
City and its regular employees and their employee organization, or when
used in a general sense, the relationship between City management and
employees or employer organizations.
(G.) EMPLOYEE MANAGEMENT -
(1) Any employee having significant responsibilities for formulating and
administering City policies and programs including but not limited to the
chief executive officer and department heads; and
(2) Any employee having authority to exercise independent judgment to
hire, transfer, suspend, lay-off, recall, promote, discharge, assign,
reward, or discipline other employees, or having the responsibility 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.
(H.)
EMPLOYEE ORGANIZATION - means any organization which includes
regular employees of the City and which has as one of its primary
purposes representing such employees in their employment relations with
the City.
(I.)
EMPLOYEE, PROFESSIONAL - means employees engaged in work
requiring specialized knowledge and skills attained through completion
of a recognized course of instruction, including, but not limited to,
attorneys, accountants, registered psychologist, engineers, architects,
and planners.
(J.)
EMPLOYEE RELATIONS OFFICER - means the City Manager of the City
of La Quinta. The Employee Relations Officer may delegate to any
management employee, as defined in this resolution, any powers or
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Page 3
duties conferred upon him by the provisions of this resolution.
(K.) GRIEVANCE - as this term is defined in Section 11, of this Resolution.
(L.)
MAJORITY REPRESENTATIVE - means an employee organization, or its
duly authorized representative, that has been granted formal recognition
by the Employee Relations Officer as representing the majority of
employees in an appropriate unit.
(M.)
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 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: (1) reach
agreement on those matters within the authority of such representatives
and (2) reach agreement on what will be recommended to the City
Council on those matters within the decision making authority of the City
Council. This does not require either party to agree to a proposal or
make a concession.
(N.)
RECOGNIZED EMPLOYEE ORGANIZATIONS means an employee
organization which has been acknowledged by the Employee Relations
Officer as an employee organization that represents regular employees
of the City.
(0.)
RESOLUTION - means, unless the context indicates otherwise, the
Employer-Employee Relations Resolution of the City of La Quinta.
(P.)
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. City
Rights (Section 5) are excluded from the scope of representation.
SECTION 4. EMPLOYEE RIGHTS
Regular 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
representation on all matters of employer-employee relations including but not limited
to wages, hours, and other terms and conditions of employment. Regular employees
of the City also shall have the right to refuse to join or participate in the activities of
employee organizations and shall have the right to represent themselves individually
Resolution No. 94-21
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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 their exercise of these rights.
SECTION 5. CITY RIGHTS
The rights of the City which are not subject to meeting and conferring include,
but are not limited to, the exclusive right to determine the mission of its constituent
departments, commission 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 governmental
operations; determine the methods, means and personnel by which government
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 performing its work.
SECTION 6. MEET AND CONFER IN GOOD FAITH - SCOPF
(A.)
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.
(B.)
The City shall not be required to meet and confer in good faith on any
subject preempted by Federal or State law, nor shall it be required to
meet and confer in good faith on employees or City rights as defined in
Sections 4 and 5 of the resolution. Proposed amendments to this
Resolution are excluded from the scope of meeting and conferring.
SECTION 7. ADVANCE NOTICE
Written notice shall be given to each recognized employee organization affected
by any Ordinance, rule, Resolution or regulation directly relating to matters within the
scope of representation proposed to be adopted by the City Council or the City
Manager of the City, and shall be given the opportunity to meet with such body prior
to adoption.
In cases of emergency when the City or City Manager of the City determines that an
Ordinance, rule, Resolution or regulation must be adopted immediately without prior
notice or meeting with a recognized employee organization, the City or City Manager
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of the City shall provide such notice and opportunity to meet at the earliest practical
time following the adoptions of such Ordinance, rule, Resolution or regulation.
SECTION 8. PETITION FOR RECOGNITION
The recognition requirements of each are set forth below:
An employee organization that seeks recognition for purposes of meeting and
conferring in good faith as the majority representative for regular employees in
an appropriate unit shall file a petition with the Employee Relations Officer
containing the following information and documentation;
(1) Name and address of the employee organization.
(2) Names and titles of its officers.
(3) Names of employee organization representatives who are authorized to
speak on behalf of its members.
(4) A statement that the employees organization has, as one of its primary
purposes, representing employees in their employment relations with the
City.
(5) 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.
(6) Certified copies of the employee organization's constitution and by-laws.
(7) 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.
(8) A statement that the employee organization recognizes that the
provisions of Section 923 of the Labor Code are not applicable to City
employees.
(9) A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, age or national origin.
(10) The job classifications or titles of employees in the unit claimed to be
appropriate and the approximate number of member employees therein.
(11 ) 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 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.
Such written proof shall be submitted for confirmation to the employee
relations officer.
(12) A request that the Employee Relations Officer recognize the employee
organization as the majority representative of the employees in the unit
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claimed to be appropriate for the purpose of meeting and conferring in
good faith on all matters within the scope of representation.
SECTION 9. APPROPRIATE UNIT
(A.) The Employee Relations Officer, after reviewing the petition filed by any
employee organization seeking 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, are to be considered in making such determination; (1)
Which unit will assure employees the fullest freedom in the exercise of
rights set forth under this Resolution;
(2) The history of employee relations: (i) in the unit, (ii) among other
employees of the City;
(3) The effect of the unit on the efficient operation of the City and
sound employer-employee relations;
(4) The effect on the existing classification structure of dividing a single
classification among two or more units.
Provided, however, 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, professional employees shall
not be denied the right to be represented separately from nonprofessional
employees.
SECTION 10. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS
MAJORITY REPRESENTATIVE
(A.)
The Employee Relations Officer shall:
(1) Determine the majority representative of City employees in an
appropriate unit by arranging for a secret ballot election or by any other
reasonable method which is based upon written proof, and is designed
to ascertain the free choice of a numerical majority of all employees
within the appropriate unit. The employee organization found to
represent a majority of the employees in an appropriate unit shall be
granted recognition and is the only employee organization entitled to
meet and confer in good faith on matters within the scope of
representation for employees in such unit.
(2) Revoke the recognition rights of a majority representative, which
has been found by secret ballot election no longer to be the majority
representative.
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(B.)
The recognition rights of the majority representative designated in
accordance with this Section shall not be subject to challenge for a
period of twelve months following the date of such recognition. All
challenges shall be exercised annually, within a 30-day period following
the annual date of the original recognition of the then majority
representative.
SECTION 1 1. GRIEVANCES
(A.)
Any employee or group of employees may file a grievance regarding the
interpretation or application of this Resolution or of the rules and
regulation adversely affecting an emplo, yee's wages, hours or conditions
of employment.
(B.)
Grievances shall be processed in accordance with the following
procedures:
Introductory
All employees of the City are free to present complaints or grievances
relating to employment or working conditions and shall be guaranteed
freedom from discrimination, coercion, restraint or reprisal action.
Except where otherwise provided for by law, any employee shall have
the right to present a grievance in any matter arising out of his
employment in accordance with the procedures outlined below. An
aggrieved employee shall have the right to be accompanied and assisted
by a representative of his own choosing during any step of the grievance
procedure.
Grievance Procedure
The following series of steps provide a progressive procedure designed
to resolve grievances at the lowest supervisory level consistent with
justice, fair treatment and administrative policy.
Step I
The employee shall discuss the complaint with the immediate supervisor.
Within five working days thereafter, the immediate supervisor shall give
the decision verbally to the employee.
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Step II
If the employee and his immediate supervisor cannot reach a satisfactory
agreement on the complaint within five working days of the initiation of
the discussion, the employee may file a written grievance concerning the
matter with his/her Department Director. On a prescribed form furnished
departments for this purpose, the employee shall clearly state the basis
of the grievance, giving time, place, and other persons involved, and any
other pertinent information. The Department Director shall, within five
working days after receipt of a written grievance, supply an answer in
writing to the aggrieved employee, explaining clearly the decision or
proposed action and reasons therefor. The City Manager's review shall
be completed in a reasonable time period consistent with the time
schedule and the depth of investigation required. The City Manager's
decision shall be final.
General
The Department Director shall allow the employee such time off
with pay from regular duties as determined to be necessary and
reasonable.
When circumstances warrant, the time limits specified in each step
of the grievance procedure may be extended with the written
consent of both parties concerned.
o
Failure of the aggrieved employee to file an appeal within the
specified time limit for any step of the procedure shall constitute
an abandonment of the grievance.
..
Although an aggrieved employee may be assisted by
representatives of his/her own choice, the employee must be
present personally and participate in the discussions and
proceedings;
SECTION 12. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded between the City and
a recognized employee organization representing a majority of the employees in an
appropriate unit, agreed upon matters shall be incorporated in a written memorandum
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of understanding signed by the duly authorized City and majority representatives.
Those matters within the authority of the City Council shall be submitted to the City
Council for action.
SECTION 13.
RULES AND REGULATIONS
The City Manager may adopt such Rules and Regulations necessary or
convenient to implement the provisions of this Resolution.
SECTION 14.
CONSTRUCTION
(A.)
Nothing in the Resolution shall be construed to deny any person
or employee the rights granted by Federal and State laws and City
Ordinance provisions.
(B.)
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 Resolution.
(C.)
The provisions of this Resolution 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.).
SECTION 15. SEPARABILITY
If any provision of this Resolution, or the application of such provision to any
person or circumstance, 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 ADOPTED at the regular meeting of the La Quinta
City Council, held on this 1st day of March, 1994 by the following vote:
AYES:
Council Member Bangerter, McCartney, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
Resolution No. 94-21
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City of La Quinta, California
ATTEST:
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California