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RESOLUTION NO. 2008 — 254
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AN AMENDED SECTION 11 OF
THE CITY OF NATIONAL CITY EMPLOYERS -EMPLOYEE
RELATIONS POLICY PERTAINING TO IMPASSE PROCEDURES
WHEREAS, on May 7, 1996, the City Council adopted Resolution No. 96-56,
approving the City's current Employer -Employee Relations Policy, which includes impasse
procedures to address disputes arising out of the meet and confer process; and
WHEREAS, Title 9.5 of Part 3, Section 1299 et seq. of the California Code of
Civil Procedure was enacted in 2000, and Section 1299.7 was amended in 2003, to require
cities to submit in some cases to binding arbitration of economic issues that arose during the
course of negotiations with associations representing firefighters and law enforcement officers;
and
WHEREAS, it is necessary for the City's impasse procedures to be amended in
order to be in compliance with the aforementioned Title 9.5 of Part 3, Section 1299 et seq. of the
California Code of Civil Procedure; and
WHEREAS, the impasse procedures for the City's represented employees,
including public safety employees, are set forth in Section 11 of the Employer -Employee
Relations Policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby approve an amended Section 11 of the Employer -Employee
Relations Policy pertaining to impasse procedures, in order for impasse procedures for public
employees to conform to State law. Said amended Section 11 is attached hereto as Exhibit "A"
and incorporated herein by reference.
PASSED and ADOPTED this 2nd day of Decery r, 2008.
ATTEST:
Micel R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. iser, Ill
ra. City Attorney
Ron Morrison, Mayor
Resolution No. 2008 — 254
December 2, 2008
Employer -Employee Relations Policy, Section 11 Entitled "IMPASSE PROCEDURES", is
amended to read as follows:
If the meet and confer process has reached impasse as defined in this
Resolution, either party may initiate an impasse proceeding by filing with the
EERO and the other party a written request for an impasse proceeding, together
with a statement of its position on all disputed issues. An impasse resolution
proceeding with a mediator assigned from California State Concilation Service
shall then be selected by the EERO or their designee.
All mediation proceedings shall be private. The mediator shall make no
public recommendation, nor take any public position at any time concerning the
issues during the mediation process.
Within a reasonable time thereafter, as determined by the City Council,
the impasse is not resolved by such mediation, and the impasse involves safety
personnel on an economic matter, the procedures outlined in California Code of
Civil Procedure Section 1299 et seq. shall thereafter be followed.
For personnel other than safety personnel, or if the impasse involves
safety personnel on matters not centering on economic issues, the City Council
may thereafter take such action regarding the impasse as in its discretion it
deems appropriate in the public interest. Any action by the City Council in such
cases to resolve the impasse shall be final and binding.
The costs for the mediator utilized by the parties, and other mutually
incurred costs of mediation, shall be borne equally by the City and the
Exclusively Recognized Employee Organization and attorney fees, if any, are to
be borne by each party so represented.
EXHIBIT A
Passed and adopted by the Council of the City of National City, California, on
December 2, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
I
City lerk of the City o ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-254 of the City of National City, California, passed and
adopted by the Council of said City on December 2, 2008.
City Clerk of the City of National City, California
By:
Deputy