SR-09-08-2015-7A
City Council
Report
City Council Regular Meeting: September 8, 2015
Agenda Item: 7.A
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To: Mayor and City Council
From: Marsha Moutrie, City Attorney, City Attorney's Office
Subject: Second Reading and Adoption of Ordinance of the City Council of the City of
Santa Monica Updating Articles I and III of the Santa Monica Municipal Code
Clarifying Enforcement Responsibilities of Law Enforcement Personnel
Recommended Action
Staff recommends that City Council adopt the attached Ordinance updating Articles I
and III of the Santa Monica Municipal Code clarifying enforcement responsibilities of law
enforcement personnel.
Executive Summary
At its meeting on August 25, 2015, the City Council introduced for first reading an
ordinance updating Articles I and III of the Santa Monica Municipal Code clarifying
enforcement responsibilities of law enforcement personnel. The ordinance is now
presented to the City Council for adoption.
Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney
Approved
Forwarded to Council
Attachments:
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A. Ord. 1351 - Clarifying Enforcement Responsibilities of Law Enforement
Personnel - Second Reading
B. Ordinance
City Council
Report
City Council Regular Meeting: September 8, 2015
Agenda Item: 7.B
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To: Mayor and City Council
From: Marsha Moutrie, City Attorney, City Attorney's Office, Municipal Law
Subject: Introduction and First Reading of Ordinance Regarding Procedures for the
Administration of Employer-Employee Relations
Recommended Action
Staff recommends that the City Council ("Council") introduce for first reading the
attached ordinance to repeal Ordinance No. 801 (CCS) and add Chapter 2.05 to the
Santa Monica Municipal Code regarding procedures for the administration of employer-
employee relations.
Executive Summary
Ordinance No. 801 (CCS) sets forth the local rules for the administration of employer-
employee relations between the City and its recognized employee organizations. These
local rules were adopted in 1969 and have since remained unchanged. Meanwhile,
state law and regulations regarding public sector employer-employee labor relations
have changed substantially over the last several decades. Consequently, it is necessary
to update the local rules in order to comply with current public sector labor relations law.
It is also essential to codify the local rules into the Santa Monica Municipal Code, where
the rules will be more readily available to employees, employee organizations, and
members of the public. Staff has met with and received comments from representatives
of its recognized employee organizations on the proposed updates to the local rules,
and recommends adoption of an ordinance that repeals Ordinance No. 801 (CCS) and
adds Chapter 2.05 to the Santa Monica Municipal Code establishing procedures for the
administration of employer-employee relations.
Background
The Meyers-Milias Brown Act ("MMBA"), codified at Government Code Section 3500 et
seq., authorizes local government agencies to adopt reasonable rules and regulations
for the administration of employer-employee relations. In accordance with the MMBA,
on February 25, 1969, Council adopted Ordinance No. 801 (CCS), "An Ordinance
Establishing Orderly Procedures For The Administration Of Employer-Employee
Relations." These local rules include procedures for the recognition of employee
organizations in the City, the withdrawal of recognition, the establishment of bargaining
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units, elections, appeals, access to City work locations and use of bulletin boards, and
resolving disputes regarding wages, hours, and other terms and conditions of
employment. Petitions for recognition that have been filed in the City within the last few
years prompted a thorough legal review of the continued validity of Ordinance No. 801
(CCS) in light of current public sector labor relations law, which revealed the need for
extensive updates.
Discussion
The City has not updated its local employer-employee relations rules since their
inception in 1969. As a result of changes to the MMBA, and rulings of the Public
Employment Relations Board ("PERB") and California courts, over the last 46 years,
several provisions of Ordinance No. 801 (CCS) are outdated and no longer consistent
with current applicable law. In updating the local rules, staff followed several of the
recommendations provided in model rules prepared by its outside legal counsel, Liebert
Cassidy Whitmore (LCW). LCW’s legal practice focuses on public sector employment
and labor relations law, and their attorneys routinely advise public agencies on local
employer-employee relations rules.
The main updates to the local rules include the following:
1. Definitions and provisions that are duplicative of state law have been deleted.
2. Provisions that conflict with the MMBA, administrative decisions by PERB, or
case law, have been deleted or revised.
3. Provisions that are negotiated and set forth in the Memoranda of Understanding
between the City and its recognized employee organizations, including
grievances and the peaceful performance of City services, have been deleted.
4. The criteria for making an appropriate unit determination have been clarified and
revised.
5. Procedures regarding petitions for recognition, unit modification, severance of a
bargaining unit, and decertification of a recognized emp loyee organization have
been added, clarified, or revised.
6. The appeal process has been revised for appeals to be conducted through
mediation or by the Office of Administrative hearings, instead of before the City
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Council.
7. The election process has been clarified and revised for consistency with state
law.
8. A provision to address impasse proceedings and fact-finding has been added.
Attachment B provides a cross-reference of the changes between Ordinance No. 801
(CCS) and the new sections proposed to be included in Santa Monica Municipal Code
Chapter 2.05.
Government Code Section 3505.7 requires that the City meet and consult in good faith
with representatives of its recognized employee organizations before implementing local
rules for the administration of employer-employee relations. Accordingly, the City
Attorney's Office notified all bargaining unit representatives of the proposed ordinance
and provided them an opportunity to meet and to provide comments. Additionally, the
City Attorney's Office and Human Resources Department staff met with representatives
of the Coalition of Santa Monica City Employees to discuss the proposed updates to the
local rules.
Alternatives
If Council decides not to adopt the proposed ordinance, then the rules set forth in
Ordinance No. 801 (CCS) would continue to govern labor relations between the City
and employee organizations. And, any processes that are not addressed in Ordinance
No. 801 (CCS), would be governed by applicable PERB regulations. This alternative is
not recommended, given that several provisions of Ordinance No. 801 (CCS) are
inconsistent with current law and negotiated provisions in various Memoranda of
Understanding between the City and its recognized employee organizations.
Furthermore, the City has met and consulted with bargaining unit representatives,
received comments, and reached an understanding and agreement on the updates to
the local rules as set forth in the attached ordinance.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Meishya Yang, Deputy City Attorney
Approved
Forwarded to Council
Attachments:
A. Employer Employee Relations Ordinance 09.08.2015
B. SMMC Chapter 2.05 Cross-Reference with Ord. 801
1
SMMC 2.05 Section Ordinance 801 Section
Section 2.05.010 Sections 1.02, 2.04
Section 2.05.020 Sections 1.03, 1.04
Section 2.05.030 Section 3.01
Section 2.05.040 None
Section 2.05.050 None
Section 2.05.060 None
Section 2.05.070 Section 3.04
Section 2.05.080 Section 3.05
Section 2.05.090 Section 3.02
Section 2.05.100 Section 3.05
Section 2.05.110 Section 3.05
Section 2.05.120 Section 3.03
Section 2.05.130 Sections 4.03, 4.05, 4.06
Section 2.05.140 Section 4.01
Section 2.05.150 Section 4.02
Section 2.05.160 None
Section 2.05.170 None
2
Ordinance 801 Section Update
Section 1.01 Deleted
Section 1.02 SMMC Section 2.05.010
Section 1.03 SMMC Section 2.05.020
Section 1.04 SMMC Section 2.05.020
Section 2.01 Deleted (see Gov. Code, §§ 3502-3507.5)
Section 2.02 Deleted (see Gov. Code, § 3508)
Section 2.03 Deleted (see Gov. Code, §§ 3503-3504)
Section 2.04 SMMC Section 2.05.010
Section 2.05 Deleted (see Gov. Code, § 3505)
Section 2.06 Deleted (see Gov. Code, § 3505.1)
Section 2.07 Deleted (see Gov. Code, § 3505.2)
Section 3.01 SMMC Section 2.05.030
Section 3.02 SMMC Section 2.05.090
Section 3.03 SMMC Section 2.05.120
Section 3.04 SMMC Sections 2.05.040, 2.05.050, 2.05.060, 2.05.070
Section 3.05 SMMC Sections 2.05.080, 2.05.100, 2.05.110
Section 4.01 SMMC Section 2.05.140
Section 4.02 SMMC Section 2.05.150
Section 4.03 SMMC Section 2.05.130
Section 4.04 Deleted (see MOUs)
Section 4.05 SMMC Section 2.05.130
Section 4.06 SMMC Section 2.05.130
Section 4.07 Deleted based on case law
Section 4.08 Deleted (see MOUs)
Section 5.01 Draft Ordinance Sections 2, 3
Section 5.02 Deleted
Section 5.03 Draft Ordinance Section 4, 5
Section 5.04 Draft Ordinance Section 6
Reference:
Ordinance No. 2493
(CCS)