ORD 556 ORDINANCE NO. 556
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING
NEW CHAPTER 2.48 TO TITLE 2 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGARDING OPEN PUBLIC EMPLOYEE
NEGOTIATIONS AND THE PROCEDURE FOR ADOPTING OR
AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND AN EXCLUSIVELY RECOGNIZED EMPLOYEE
ORGANIZATION (THE RPV "OPEN ORDINANCE").
THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council hereby adds Chapter 2.48 to Title 2 of the Rancho Palos
Verdes Municipal Code to read as follows:
"Chapter 2.48
LABOR NEGOTIATIONS
2.48.010: Applicability
2.48.020: Definitions
2.48.030: City Representative
2.48.040: Economic Analysis
2.48.050: Adoption of a Memorandum of Understanding
2.48.010: Applicability:
This Chapter shall apply when the City Council considers a written meet and confer proposal to be presented
to, or received from, any recognized employee organization or the adoption or amendment of a
memorandum of understanding ("MOU").
2.48.020: Definitions:
For the purposes of this Chapter, the following words and phrases shall be defined as follows:
A. MEET AND CONFER PROPOSAL shall mean a written proposal that is presented to or received
from any recognized employee organization.
B. MEMORANDUM OF UNDERSTANDING shall mean a formal signed agreement between the City
and an exclusively recognized employee organization.
2.48.030: City Representative:
A. Unless reported as provided below, the lead negotiator on behalf of the City during the negotiation
of a memorandum of understanding or amendment to a memorandum of understanding shall not be an
employee of the City and shall have demonstrated expertise in negotiating labor and employment
agreements on behalf of municipalities. The City Council shall designate one or more City management
Ordinance No.556
Page 1 of 3
employees or other individuals to be present during negotiations to assist the lead negotiator as the City
Council and lead negotiator deem appropriate.
B. If the lead negotiator of the City does not meet the requirements of this Section, then this fact
must be reported in writing at the meetings of the City Council at which the memorandum of understanding
or amendment is considered.
2.48.040: Economic Analysis:
A. Unless the City Council directs that a fiscal impact analysis shall not be obtained,which shall
be reported as provided in paragraph C below,the City's Department of Finance shall prepare a fiscal impact
analysis of a meet and confer proposal, a proposed memorandum of understanding or an amendment to a
memorandum of understanding. The fiscal impact analysis shall be reviewed by an independent certified
public accountant with governmental expertise who is not a City employee. If a statement of actuarial impact
is required by California Government Code Section 7507 or its successor for any change to retirement or
other post employment benefits,then the fiscal analysis required by this Section need not address the benefit
changes analyzed in the statement of actuarial impact.
B. If a meet and confer proposal is rejected by the party to which it is presented and is no longer
being considered, then the rejected meet and confer proposal and the fiscal impact analysis that was
prepared for that meet and confer proposal will be posted on the City's website.
C. If a fiscal impact analysis is not obtained as required by this Section, then this fact must be
reported in writing at the meetings of the City Council at which the meet and confer proposal or memorandum
of understanding or amendment is considered.
2.48.050: Adoption of a Memorandum of Understanding:
A. The City Council may adopt or amend a memorandum of understanding only after the
memorandum or amendment has been placed on an agenda at a minimum of two (2) City Council meetings
that are held at least two (2)weeks apart.
B. A proposed memorandum of understanding or amendment to a memorandum of
understanding, as well as any fiscal impacts analysis prepared pursuant to Section 2.48.040 of this Chapter,
shall be posted on the City's official website at least seventy-two (72) hours before the first City Council
meeting at which the proposed memorandum of understanding or amendment is considered.
C. The adoption or amendment of a proposed memorandum of understanding shall not be
placed on the City Council's consent calendar.
Section 2. If any provision or clause of this ordinance or the application thereof to any
person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which
can be implemented without the invalid provisions, clause, or application; and to this end, the provisions of
this ordinance are declared to be severable.
Ordinance No.556
Page 2 of 3
Section 3. The City Clerk shall cause this Ordinance to be posted in three (3) public
places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section
36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered
in the Book of Ordinances of the Council of this City of Rancho Palos Verdes.
Section 4. Effective Date. This Ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty-first(31st) day after its passage.
Alb --;or
ATTEST:
C
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of
members of the City Council of said City is five; that the foregoing Ordinance No. 556 passed first reading
on April 29, 2014, was duly and regularly adopted by the City Council of said City Council at a regular
meeting thereof held on May 6, 2014.
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
ABSTAIN: None
// /
City Clerk
Ordinance No.556
Page 3 of 3
All
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on May 7, 2014, she caused to be posted the following
document entitled: ORDINANCE NO.556,AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES ADDING NEW
CHAPTER 2.48 TO TITLE 2 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE REGARDING OPEN PUBLIC
EMPLOYEE NEGOTIATIONS AND THE PROCEDURE FOR
ADOPTING OR AMENDING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND AN
EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION
(THE RPV"OPEN ORDINANCE"), a copy of which is attached
hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting. - r;
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City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.556.doc