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HomeMy WebLinkAboutResolution 31-81 RESOLUTION NO. 31 -81 RESOLUTION AMENDING RESOLUTION NO. 12-80 REGARDING PERSONNEL RULES AND REGULATIONS TO INCLUDE IMPASSE PROCEDURES ' Resolved by the Atascadero City Council that Resolution 12-80 es- establishing Personnel Rules and Regulations Implementing the Person- nel System for the City of Atascadero is hereby amended to include Impasse Procedures as follows : Section 1 . Section 1 .0 , Definitions , of Resolution No. 12-80 is hereby amended to include the following: 1 . 1 Impasse. A deadlock to the annual or periodic discussions between representatives of a recognized bargaining unit and representatives of the City over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or any unresolved complaint by an affected employee organization advanced in good faith ' concerning a decision of the municipal employee relations officer made purusant to the provisions of this resolution. Mediation or conciliation. The efforts of an impartial person or persons functioning as intermediaries to assist the parties in reaching a voluntry resolution to an impasse ' through interpretation , suggestion and advice. Mediation and conciliation are interchangeable terms. Meet and confer in good faith. The performance by author ' ized City representatives and by authorized representatives of an employee bargaining unit of their mutual obligation to meet at reasonable times and to confer in good faith regard ' ing matters within the scope of representation including wages , hours and defined 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 to make concessions . Section 2. Section 7 .9 .5, Impasse Resolution, is added as ' follows: 7 .9 .5 Impasse Resolution. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. Representatives of either negotiation team may announce to the other as to their intention to invoke impasse proceedings. Such notification shall be either orally or in writing, but if orally, then shall be confirmed through written notification. Notification shall state the reasons for the impasse and review the issues which have re- Resolution No. 31-•$• Amending Personnel Rule sulted in the impasse . Such notification shall be provided to either party at least 24 hours in advance of any sched- uled , final impasse resolution meeting. Upon receipt of such notification, a final impasse resolution meeting shall be scheduled between representatives of the employees bargaining ' unit and the City negotiations team to review the events leading up to the impasse and to attempt to achieve , through one final meeting, a solution to the impasse. Should the final impasse resolution meeting result in no change to ,the impasse positions of either party, then the parties shall attempt to select a specific impasse procedure to which the dispute may be submitted; in the absence of agreement between the parties on this point , the matter may bereferredto the City Council. ' The various alternate method(s) for resolving an impasse are: a. Mediation (or Conciliation) . All mediation proceed- ings shall be 'private. The Mediator shall make no pub- lic recommendations nor take any public position con- cerning the issues . Use of this procedure shall be by mutual consent of the parties at impasse. _ If referral r to mediation is agreed to , first consideration shall be given to utilization of the State Mediation Service. Selection of the person to act as mediator shall be by ' agreement between the parties at impasse. b. Determination by the City Council . The City Council ' shall consider the merits of the dispute at a public meeting to be held within twenty-one (21 ) working days from conclusion of the final impasse resolution meeting. The City Council shall render its decision concerning ' the disputed issues within thirty (30) days after the termination of the hearing unless a reasonable time ex- tension is deemed necessary and all parties are noti- fied. C. Any other procedures for resolving the dispute which the ' parties mutually agree to or which the City Council may order . Section 3 . Section 7 .9 .6 , Fees and Expenses , is hereby added as follows: 7.9 . 6 Fees and Expenses . Any fees and expenses arising from use of the impasse resolution procedures as defined herein shall be payable one-half by the city and one-half by the employee organization or organizations. On motion by Councilman Nelson and seconded by Councilman Highland , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: 2 Resolution No. 31 -81'— Amending Personnel Rule AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None ADOPTED: October 12, 1981 AC, � ROBERT J. WIL INS, JR. , Ma#—r ATTEST: M194 RAY WARDEN City C erk APPROVED AS TO F RM: ' ALLEN GRIMES , City Attorney r r 3