Sec. 2-137. - Consultation with city employees.

(a)

City management will consult with employees and registered employee organizations on terms and conditions of employment through the employee-management committee established by this division in accordance with the process established by this division.

(b)

This division does not apply to an employee whose terms and conditions of employment are governed by a collective bargaining agreement authorized by state law or to an employee organization authorized to engage in collective bargaining with the city on behalf of its members.

(c)

Nothing in this division is intended nor shall it be construed to authorize collective bargaining, a collective bargaining agreement of any type or characterization, or to recognize a registered employee organization as a bargaining agent for any group of employees. The city is not obligated to implement any issue discussed during consultations and retains the right to unilaterally determine employment conditions for employees.

(d)

In this division:

(1)

Consultation means that the employees, representative(s) of registered employee organizations, and city management shall meet to discuss terms and conditions of employment affecting employees. Although no party is required to agree to a proposal, it is expected that all participants will consult in good faith to reach consensus on issues and matters raised.

(2)

Employee means an individual employed by the city, but does not include a confidential, or managerial employee or an employee described by subsection (b).

(3)

Confidential employee means an employee:

a.

Who has access to confidential or discretionary information regarding the formulation of city policy or procedures;

b.

Whose functional responsibilities or knowledge concerning employee relations makes the employee's membership in an employee organization incompatible with that employee's duties; or

c.

Who is the executive secretary of the chief administrator or executive officer of a department.

(4)

Managerial employee means an employee who:

a.

Is engaged predominantly in executive functions, or

b.

Charged with the responsibility of directing the effectuation of management policies and practices.

(5)

Terms and conditions of employment means wages, salaries, hours and other terms and conditions of employment with the city, including but not limited to:

a.

Compensation and incentive plans;

b.

Polices related to employee attendance, leave and hours of employment;

c.

Recommendations concerning employee health insurance, life insurance and other employee benefits;

d.

The grievance process (but not an individual or group grievance that is to be considered pursuant to that process);

e.

Recommendations made to the legislature concerning the terms and conditions of covered employees;

f.

Training, safety, and equipment; and

g.

All other issues related to working conditions, wages, hours and conditions of employment.

(Ord. No. 99630, § 1, 8-26-04)

Sec. 2-138. - Employee-management committee.

(a)

The employee-management committee will consist of the following:

(1)

One (1) representative from each registered employee organization;

(2)

One (1) city employee member of each registered employee organization, as designated by the registered employee organization;

(3)

One (1) representative from the city manager's office;

(4)

One (1) representative from the human resources department (director of human resources or designee);

(5)

Three (3) department directors (on a rotating basis); and

(6)

One (1) employee from each of the EEO categories designated in subsection (c).

(b)

For purposes of this division, a "registered employee organization" means an association or organization that includes among its members employees of the city and that exists for the purpose of dealing with an employer concerning terms and conditions of employment, and which meets all of the following eligibility criteria:

(1)

Certified copies of the association or organization's charter, bylaws, and a listing of the name, address, and phone number of the business agent for the association and the officers of the association, and any amendments thereto, have been provided to and are on file with the director of human resources; and

(2)

The director of human resources has sufficient evidence that the association or organization represents, as members, either:

a.

Five (5) percent of the total number of employees "eligible" or "targeted" for membership by the association or organization, if that population is less than one thousand (1,000) employees, or

b.

Fifty (50) employees.

A signed form authorizing deduction and payment of dues to an association or organization from an employee's paycheck shall be considered proof of membership by that employee. The director of human resources shall audit the membership requirement established by this subsection (b)(2) on a semi-annual basis. An association or organization that does not meet this eligibility requirement shall be given a three-month notice and the opportunity to provide evidence of sufficient membership before losing eligibility to participate on the employee-management committee.

(3)

Organizations not certified within thirty (30) days of the establishment of this ordinance may only petition for recognition and respective representation on the committee during the semi-annual certification/audit period mentioned in subsection (b)(2).

(4)

Representatives seated in accordance with subsections (a)(1) and (a)(2) shall collectively cast a single vote.

(c)

An election will be conducted bi-annually by the city clerk's office to determine the representation for each EEO category/unit listed below. "Representation" can be by either a registered employee organization or individual employee:

Office/clerical;

Para-professionals;

Protective services;

Professionals;

Service maintenance;

Skilled craft; and

Technician.

(1)

To be placed on the ballot, a registered employee organization or an individual employee must submit a petition approved by the city clerk's office with signatures representing a minimum of ten (10) percent of employees in the respective EEO category. The signatures will be certified by the city clerk's office, with assistance provided by the human resources department.

(2)

Eligible "candidates" will be placed on the ballot in random order as determined by drawing. The organization or individual that receives a plurality of the votes during the election shall be deemed the representative for the category.

(3)

For individual employees, they shall select an alternate at least five business (5) days prior to the election. The individual's and alternate's names both shall appear on the ballot as a ticket.

(4)

Registered employee organizations shall select the representatives in a manner of their choosing. The employees they select may change at any time at the organization's discretion.

(5)

The winners of the election in each EEO category will serve for three (3) years, to coincide with the fiscal year, beginning with fiscal year 2006—2007.

(6)

Due to the timing of the effective date of this division to the fiscal year, the first term will be guided by the timeline set forth in section 2-140.2

(7)

The city clerk shall have final determination authority on the hours, location and date of an election, and may cancel an election should any candidate run unopposed.

(d)

Any employee on the committee must have completed his or her initial probationary period and must not have incurred any of the following disciplinary actions within the six (6) months prior to selection; suspension, disciplinary demotion, or termination. Any employee who resigns from the city or who receives a finalized disciplinary suspension, demotion or termination during his or her term will be removed from the committee and the alternate employee in that category will be selected to serve the remainder of that member's term.

(e)

Each employee organization will designate one (1) covered employee from its membership. A committee member selected under this subsection serves at the pleasure of their respective organization(s). A change in a designated representative by an employee association/organization shall be communicated in writing to the human resources department at least ten (10) days prior to the meeting.

(f)

If for any reason any employee cannot or chooses not to serve the full term, the alternate employee will serve the remainder of that employee's term. That alternate shall then select a qualified alternate from the respective EEO category.

(g)

All employee committee members will be paid for time spent at meetings, even if not assigned to 7:45 a.m.—4:30 p.m. shift.

(h)

The city will allow up to twenty (20) hours of administrative leave per calendar quarter to be utilized by the individual employee (or employees, if more than one is designated in a calendar quarter by an association) assigned to an EEO representative slot on the employee-management committee. In no event will more than twenty (20) total hours be granted by an employee or a combination of employees assigned to an EEO category position within a calendar quarter. This leave is to be used for meeting preparation for employee-management committee meetings or subcommittee meetings of the employee-management committee.

(Ord. No. 99630, § 1, 8-26-04; Ord. No. 2006-06-29-0819, §§ 1—4, 6-29-06)

Sec. 2-139. - Meetings of the employee-management committee.

(a)

The employee-management committee shall be scheduled to meet at least once each quarter, or more frequently as determined by the city manager.

(b)

An agenda will be distributed to all members at least five (5) business days prior to each meeting and include all topics of discussion. Topics must involve issues of a general nature or suggestions for improved or more effective operation on a citywide basis. The agenda for the following meeting will be discussed and voted on for approval at each meeting of the committee, with topics receiving a majority vote placed on the agenda for the next meeting.

(c)

Meetings of the employee-management committee shall be audio taped. A copy of the audiotape of each meeting shall be retained by the director of human resources in accordance with applicable state law.

(d)

Meetings will be of an informal nature. Minutes, including items discussed and solutions proposed, will be prepared by the human resources department and copies will be provided to all committee members at least five (5) business days prior to the next meeting. Minutes shall be approved by majority vote of the members in attendance at the meeting for which minutes are proposed, with such vote being documented by signatures of the members present and said document being attached to the approved minutes. The director of human resources shall retain a copy of the approved minutes in accordance with applicable law.

(e)

The director of human resources shall report on the status of consultations through the employee-management committee during the annual budget presentation to the city council and to the appropriate city council committee as established by ordinance, as needed or desired by the committee or its chair.

(Ord. No. 99630, § 1, 8-26-04)

Sec. 2-140. - Employee rights concerning employee organizations.

(a)

An employee shall not be discriminated against for discussing or expressing his or her view regarding workplace issues, membership in and/or representation by an employee organization.

(b)

City employees are free to communicate with one another and with representatives of employee organizations on pertinent issues and to receive and distribute literature regarding union issues during non-work periods and in non-work areas.

(Ord. No. 99630, § 1, 8-26-04)

Sec. 2-140.1. - Review.

This division will be reviewed in its entirety by the city council six (6) months prior to the end of FY 2006 (March 2006) and thereafter every four (4) years.

(Ord. No. 99630, § 1, 8-26-04)

Sec. 2-140.2. - Appendix A.

Petition filing deadline for EEO units: July 1^st—September 30^th

Collection of petitions shall be for a period of three (3) months, beginning on July 1^st through the end of September, at which time petitions shall be submitted to the city clerk's office. A petition signature is invalid if the signer signed the petition earlier than the July 1^st starting date or later than September 30.

Elections held not later than October 31^st.

Elected EEO occupational representatives begin terms November 1^st.

Term ends: September 30^th.

(Ord. No. 99630, App. A, 8-26-04; Ord. No. 2006-06-29-0819, § 5, 6-29-06)

Editor's note—

Ord. No. 99630, adopted August 26, 2004, enacted provisions intended for use as Appendix A. To preserve the style of the Code, and at the discretion of the editor, said provisions have been redesignated as § 2-140.2