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O2494City Council Meeting: October 13, 2015 Santa Monica, California ORDINANCE NUMBER 2-9 '1 q (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING ORDINANCE NUMBER 801 (CCS) AND ADDING CHAPTER 2.05 TO THE SANTA MONICA MUNICIPAL CODE REGARDING PROCEDURES FOR THE ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS WHEREAS, the Meyers-Milias-Brown Act, 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, and WHEREAS, on February 25, 1969, the City Council adopted Ordinance No. 801 (CCS), which established reasonable rules and regulations for the administration of employer-employee relations between the City and recognized employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment; and WHEREAS, Ordinance No. 801 (CCS) was not codified in the Santa Monica Municipal Code, where it would be more readily available to employees, employee organizations, and members of the public, and therefore, though it is the law, it is not readily accessible; and 1 WHEREAS, Ordinance No. 801 (CCS) must be revised to comply with current state law and regulations and should be codified in the Santa Monica Municipal Code; and WHEREAS, Section 2.05 of Ordinance No. 801 (CCS) states that the City is not required to meet and confer in good faith on proposed amendments to that ordinance; and WHEREAS, in accordance with Government Code Section 3507, the City has notified and consulted in good faith with representatives from the recognized employee organizations regarding the reasonable rules and regulations for the administration of employer-employee relations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1, Ordinance No. 801 (CCS) is hereby repealed, and Chapter 2.05 is hereby added to the Santa Monica Municipal Code to read in its entirety as follows: Section 2.05.010 Statement of purpose. The purpose of this Chapter is to implement the Meyers-Milias-Brown Act by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations, including procedures for meeting and conferring in good faith with recognized employee organizations on matters that directly and significantly affect and primarily involve wages, hours, and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or the Charter of the City. 2 Nothing in this Chapter shall be construed to supersede the provisions of state law, the Charter of the City, ordinances, resolutions, or rules that establish and regulate the City's civil service system or employer-employee relations. This Chapter is intended to strengthen civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations, and the City. Nothing in this Chapter shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, including but not limited to the exclusive right to: determine the mission of its constituent departments, divisions, commissions, and boards; set standards of service and establish work and safety rules and regulations to maintain the efficiency and economy desirable in the performance of services; determine the procedures and standards of selection for employment; direct its employees; appoint, promote or transfer its employees; take disciplinary action; relieve its employees from duty because of lack of work, lack of funds or for other lawful reasons; determine the content of job classifications; contract or subcontract work; maintain the efficiency of governmental operations; determine the processes, methods, means, and personnel by which governmental operations and services are to be conducted; 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 2.05.024 Definitions. 3 As used in this Chapter, the following words and phrases shall have the following meanings. Words and phrases not defined in this Chapter shall have the meanings set forth in the Meyers-Milias-Brown Act. (a) "Appropriate unit" means a unit of employee job classifications or positions, established pursuant to this Chapter. (b) "City" means the City of Santa Monica, and where appropriate herein, refers to the City Council or any duly authorized City representative as defined in this Chapter. (c) "Confidential employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations. (d) "Consult" or "consultation in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, and is not subject to impasse procedures. (e) "Employee Relations Officer" means the City Manager, or his or her designee, who shall be the City's principal representative in all employer-employee relations matters with authority to meet and confer in good faith on matters within the scope of representation with authorized representatives of Exclusively Recognized Employee Organizations. 0 (f) "Employer-employee relations" means the relationship between the City and its employees and their employee organizations, or when used in the general sense, the relationship between City management and employees or employee organizations. (g) "Exclusively Recognized Employee Organization" means an employee organization that has been formally recognized by the City as the sole employee organization representing the employees in an appropriate unit, with the exclusive right to meet and confer in good faith on matters within the scope of representation pertaining to unit employees. (h) "Impasse" means that the representatives of the City and an Exclusively Recognized Employee Organization, having met and conferred in good faith, have reached a point where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. (i) "Management employee" means the City Manager, Department Heads, and their designated representatives acting in their executive, administrative or ministerial capacity as authorized or prescribed by local law, and any other employee having responsibility for formulating, administering or managing the implementation of City policies and programs. ,a) "Proof of employee support" means (1) an authorization card signed and personally dated by an employee within the last 90 days of the petition filing date, provided that the card has not been subsequently revoked in writing by the employee; (2) a verified authorization petition or petitions signed and personally dated by an employee within the last 90 days of the petition filing date; or (3) employee dues deduction authorizations, 61 using the payroll register for the period immediately preceding the petition filing date, except that an employee's dues deduction authorizations for more than one employee organization is not proof of employee support for any employee organization. The only authorization that will be considered as proof of employee support hereunder is the authorization last signed by an employee. (k) "Supervisory employee" means an employee with authority or responsibility to hire, transfer, suspend, lay off, recall, promote, discharge, assign, direct, reward or discipline other employees, 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. Section 2.05.030 Recognition petition. (a) An employee organization that seeks formal recognition as an Exclusively Recognized Employee Organization representing the 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 representatives who are authorized to speak on behalf of the employee organization; (4) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization, and, if so, the name and address of each such other organization; (5) Certified copies of the employee organization's constitution and bylaws; 9 (6) A statement that the employee organization has no restriction on membership based on race, color, religion, creed, national origin, sex, gender, age, marital status, military status, sexual orientation, disability or medical condition, and that the employee organization recognizes that Labor Code Section 923 does not apply to City employees; (7) A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the city; (8) 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, including service of legal process; (9) The job classifications or position titles, by department and division, of employees in the unit claimed to be appropriate and the approximate number of member employees in such unit; (10) A statement that the employee organization has in its possession proof of employee support to establish that a majority 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; (11) A request that the Employee Relations Officer determine the appropriate unit and formally recognize the petitioning employee organization as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate; and 7 (12) A declaration, under penalty of perjury, that the petition, the proof of employee support, and all accompanying documentation, are true, correct, and complete, which is executed by the duly authorized officer(s) of the employee organization. (b) Any changes in the information required by this Section shall be submitted in writing to the Employee Relations Officer within 30 days of such change. Section 2.05.040 City response to recognition petition. (a) Upon receipt of a recognition petition, the Employee Relations Officer shall determine whether there has been compliance with the requirements of Section 2.05.030 and whether the proposed unit is an appropriate unit in accordance with Section 2.05.090. (b) If the Employee Relations Officer makes an affirmative determination on the two requirements of subdivision (a), the Employee Relations Officer shall so inform the petitioning employee organization, shall give written notice of the petition for exclusive recognition to the employees in the unit, and shall take no action on the petition for 30 days thereafter. If either requirement is not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with the petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal the Employee Relations Officer's determination pursuant to Section 2.05.120 of this Chapter. Section 2.05.050 Open period for challenge to petition for recognition. Within 30 days of the date that written notice is given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing recognition petition to be formally recognized as the Exclusively Recognized Employee Organization of the employees in the same or in an overlapping unit (one that corresponds to some, but not all, of the classifications or positions set forth in the recognition petition being challenged). The challenging petition must show proof of employee support by at least 30 percent of the employees in the unit claimed to be appropriate. If the challenging petition seeks to establish an overlapping unit, the Employee Relations Officer shall call for a hearing to ascertain the more appropriate unit, at which time the petitioning employee organizations shall be heard. Within 15 days after the hearing, the Employee Relations Officer shall give written notice to the petitioning employee organizations of the determination of the appropriate unit or units in accordance with the standards in Section 2.05.090. Within 15 days of the date of such written notice, the petitioning employee organizations may amend their petitions to conform to the determination or appeal the determination pursuant to Section 2.05.120. Section 2.05.060 Granting recognition without an election. (a) After the designation of an appropriate unit, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service or other agreed-upon neutral third party to review the count, form, accuracy, and propriety of the proof of employee support, provided that the following conditions are met: (1) The petition is in order; (2) The proof of employee support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them; (3) There is no other employee organization that has been previously recognized as the exclusive or majority representative of all or part of the appropriate unit; and 7 (4) No other employee organization timely filed a challenging petition. (b) If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally recognize the petitioning employee organization as the Exclusively Recognized Employee Organization for the designated unit. Section 2.05.070 Election procedure. (a) After the designation of an appropriate unit, and where recognition is not granted pursuant to Section 2.05.060, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a third party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with the third party's rules and procedures, and subject to the provisions of this Chapter. If the parties cannot agree on a third party to conduct an election, the California State Mediation and Conciliation Service will conduct the election. (b) All employee organizations who have duly submitted petitions determined to be in conformance with this Chapter shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. (c) Employees entitled to vote in the election include those persons employed in positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least 15 days before the election date, and who are employed by the City in the same unit on the election date. (d) Each employee organization with a place on the ballot may have one official observer to observe the balloting and the counting of such ballots. 10 (e) An employee organization shall be formally recognized as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it receives a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, 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 apply -to a run-off election. (f) The costs of conducting elections shall be borne in equal shares by the City and each employee organization appearing on the ballot (g) There shall be no more than one election pursuant to any petition in a 12 -month period affecting the same unit. Section 2.05.080 Decertification of Exclusively Recognized Employee Organization. (a) A decertification petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during either the month of March of any year following the first full year of recognition, or the 30 - day period commencing 120 days before the termination date of a Memorandum of Understanding. A decertification petition may be filed by two or more employees or their representative, or an employee organization. The petition shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct, and complete: 11 (1) Name, address, and telephone number of the petitioner(s) and a designated representative authorized to receive notices or requests for further information; (2) Name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified from being the representative of that unit; (3) An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any relevant and material facts supporting the allegation; and (4) Proof of employee support showing that at least 30 percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the California State Mediation and Conciliation Service or other mutually agreed-upon neutral third party within the time limits specified in subdivision (a) of this Section. (b) An employee organization may, in satisfaction of the decertification petition requirements, file a decertification petition under this Section in the form of a recognition petition that evidences proof of employee support of at least 30 percent, that includes the allegation and information required under this Section, and otherwise conforms to the requirements of Section 2.05.030. (c) The Employee Relations Officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this Chapter. If the determination is negative, the Employee Relations Officer shall offer to consult thereon with the representative(s) of the petitioning employees or employee organization. If such 12 determination thereafter remains unchanged, the Employee Relations Officer shall return the petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 2.05.120. If the determination is affirmative, or if the negative determination is reversed on appeal, the Employee Relations Officer shall give written notice of such decertification or recognition petition to the incumbent Exclusively Recognized Employee Organization and the unit employees. (d) The Employee Relations Officer shall arrange for a secret ballot election to be held on or about 30 days after such notice to determine the wishes of unit employees as to decertification and, if a recognition petition was duly filed hereunder, as to representation. Such election shall be conducted in conformance with Section 2.05.070. (e) If, pursuant to this Section, a different employee organization is formally recognized as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 2.05.090 Policy and standards for determination of appropriate units. (a) The policy objectives in determining the appropriateness of a proposed unit shall be: the effect of the proposed unit on efficient operations of the City; the compatibility of the proposed unit with the primary responsibility of the City and its employees to effectively and economically serve the public; and the proposed unit's ability to provide employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit be the broadest 13 feasible grouping of classifications or positions that share an identifiable community of interest. Factors to be considered shall include: (1) Similarity of the general kinds of work performed, job duties, types of qualifications or skills required, and working conditions; (2) History of representation in the City and similar public employment; except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized; (3) Consistency with the organizational patterns of the City; (4) Effect of any differing legally mandated impasse resolution procedures; (5) Number of employees and classifications, and the effect on the administration of employer-employee relations and efficient operation of the City created by the fragmentation of classifications and proliferation of units; and (6) Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing a single or related classifications among two or more units. (b) The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions amongst the units; delete eliminated classifications or positions from units; and retain, reallocate or delete modified classifications or positions from units, in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Section 2.05.100 Petition for unit modification. Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period 14 specified in Section 2.05.080. Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in Section 2.05.030, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 2.05.090. The Employee Relations Officer shall process such petitions in the same way that recognition petitions are processed. Section 2.05.110 Severance petition. An employee organization may file a request to become the Exclusively Recognized Employee Organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another Exclusively Recognized Employee Organization. The timing, form, and processing of a severance petition shall be as specified in Section 2.05.100 for a petition for unit modification. Section 2.05.120 Appeals. An employee organization that is aggrieved by an appropriate unit determination of the Employee Relations Officer, or a determination of the Employee Relations Officer that a petition has not been filed in compliance with this Chapter, may, within 10 days of notice of the Employee Relations Officer's determination, request mediation by the State Mediation and Conciliation Service. Alternatively, the employee organization may, in lieu of or after mediation, appeal such determination by submitting a written request for a hearing within 15 days of notice of the Employee Relation's Officer's determination or the termination of mediation proceedings, whichever is later. Upon written request for a hearing, the matter shall be referred to the Office of Administrative Hearings for a hearing I to be conducted by an Administrative Law Judge in accordance with the Administrative Procedure Act. Any decision of the Administrative Law Judge shall be final and binding. Section 2.05.130 Use of City resources for employee organization activities. (a) Access to City work locations and the use of City paid time, facilities, equipment, and other resources by employee organizations and those representing them is authorized, subject to the limitations provided for in an applicable Memorandum of Understanding and any applicable administrative rules and procedures, and is limited to lawful activities consistent with the provisions of this Chapter that pertain directly to the employer-employee relationship. No administrative rule or procedure shall purport to impose a total prohibition of access to City work locations and the use of City paid time, facilities, equipment, and other resources by employee organizations and those representing them. Additionally, such access is not authorized, beyond de minimus and occasional, or during employees' break periods, for, among other things, internal employee organization business affairs, such as soliciting membership, campaigning for office, and organization meetings and elections. Any such access shall not interfere with the efficiency, safety, and security of City operations. (b) Employee access to City work locations and use of City resources is limited to regular work hours. However, employee access during off-duty hours, and access for non-employee members and representatives of any employee organization or its affiliated organizations at any time, may be obtained with written approval in each instance by the Employee Relations Officer or an authorized management employee, if such access does not interfere with or interrupt work performance, and does not unreasonably or unduly burden the time of management employees. 16 (c) A reasonable number of bulletin boards will be provided at City work locations upon which any Exclusively Recognized Employee Organization may post notices limited to recreational and social activities, notices of programs or services provided by or through the employee organization, notices of meetings, notices of elections and appointments, and results of elections. The posting of any other notices, printed cards, pamphlets, or literature of any kind at City work stations is prohibited. Section 2.05.140 Reasonable notice. The City will provide a copy of the City Council and Personnel Board agendas for each meeting to each authorized representative of each Exclusively Recognized Employee Organization at least 72 hours in advance of such meeting, which shall constitute reasonable written notice, and notice of an opportunity to meet with the City Council or Personnel Board, on all matters within the scope of representation upon which the City Council or Personnel Board may act. Section 2.05.150 Employee representatives. (a) An Exclusively Recognized Employee Organization may select the greater of (1) not more than one employee member for each 50 members, or major portion thereof, or (2) four employee members, to be the designated employee representative(s) to meet and confer with the Employee Relations Officer, or his or her designee, and any management employees on matters within the scope of representation, provided that: (1) The Exclusively Recognized Employee Organization provides to the Employee Relations Officer written certification by an authorized official of the organization of the identity of the designated employee representative(s); Irl (2) No employee, representative may leave his or her work station or assignment without prior approval by the employee representative's direct supervisor or other management or supervisory employee within the employee representative's chain of command, and (3) Any such meeting is subject to scheduling by an authorized management employee so as to avoid undue interference with or interruption of assigned work schedules, work performance or City operations. (b) Nothing in this Section limits or restricts management employees and employee representatives from meeting and conferring before or after regular work hours as a matter of mutual convenience. Section 2.05.160 Administrative rules and procedures. The Employee Relations Officer is authorized to establish administrative rules and procedures as appropriate to implement and administer the provisions of this Chapter after consultation with the affected employee organizations. Section 2.05.170 Impasse procedures and mediation. (a) If the meet and confer process has reached impasse, either party may initiate impasse proceedings by filing with the other party a written notice of a declaration of impasse, together with a statement of its position on all issues. The Employee Relations Officer shall schedule an impasse meeting within five working days of such notice. The purpose of the impasse meeting is to review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and, if the impasse is not resolved, discuss arrangements for further impasse procedures. ip (b) If the parties agree to submit the dispute to mediation and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. (e) If the parties do not agree to submit the impasse to mediation or the mediator is unable to effect settlement, the impasse may be submitted to a factfinding panel in accordance with applicable state law. SECTION 2. Nothing in this Ordinance shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers, and authority granted by federal or state law, or City Charter provisions. SECTION 3. Nothing in this Ordinance abrogates any written agreement between any employee organization and the City in effect on the effective date of this Ordinance. All such agreements will continue in effect for the duration of the term specified therein, unless modified or rescinded by mutual written agreement of the contracting parties. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining W portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: NES MOUTRIE City 20 Approved and adopted this 13th day of October, 2015. "-4,_ Kevin McKeown, Mayor State of California } County of Los Angeles ) ss. City of Santa Monica } I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2494 (CCS) had its introduction on September 8, 2015, and was adopted at the Santa Monica City Council meeting held on October 13, 2015, by the following vote: Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tem Vazquez Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2494 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Sarah P. Gorman, City Clerk