RPVCCA_CC_SR_2014_05_06_H_Ord_556_Open_Negotiations_Between_City_and_Emp_AssocCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CAROL W. LYNCH, CITY ATTORNEY
MAY 6, 2014
ADOPTION OF ORDINANCE N0.556-AN ORDINANCE
·OF THE CITY OF RANCHO PALOS VERDESADDING
NEW CHAPTER 2.48 TO TITLE 2 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE REGARDING
OPENNESS IN NEGOTIATIONS AND THE PROCEDURE
FOR ADOPTING OR AMENDING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY ANDAN
EXCLUSIVELY RECOGNIZED EMPLOYEE
ORGANIZATION
CAROLYNN PETRU, ACTING CITY MANAGE~
RECOMMENDATION
Adopt Ordinance No. 556, an Ordinance of the City of Rancho Palos Verdes, Amending
the Rancho Palos Verdes Municipal Code regarding City Negotiations with Recognized
Employee Organizations.
BACKGROUND
At the study session on April 15, 2014, Councilmember Campbell introduced the concept
of having the City adopt an ordinance requiring open public employee negotiations, similar
to ordinances that were adopted by the cities of Costa Mesa and Beverly Hills.
The City Attorney worked with Mayor Duhovic and Councilman Campbell and drafted an
ordinance that contains concepts that were incorporated from both the Beverly Hills and
Costa Mesa Ordinances. The Ordinance was presented to the City Council at the at the
following City Council meeting on April 29, 2014. At that meeting, the City Council
introduced Ordinance No. 556, as amended, to include a modification that was suggested
by Council Member Knight to clarify that the City Council would determine whether the
City's Finance Staff would prepare a fiscal impact analysis of any written meet and confer
proposal. The Ordinance is on the agenda this evening for adoption by the City Council.
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Adoption of Ordinance No. 556
Page 2 of 2
May 6, 2014
DISCUSSION
The procedures in the Ordinance are designed to increase public awareness of
negotiations with recognized City employee organizations. The Ordinance gives the public
an opportunity to review and comment upon proposed memoranda of understanding or
amendments to memoranda of understanding with a City employee organization by
placing these documents on two City Council agendas before such memoranda or
amendments are adopted.
At the direction of the City Council, the City's Finance Department will prepare a fiscal
impact analysis of any written meet and confer proposal that has been submitted to the
other party to the negotiations. Such fiscal impact analysis will be reviewed by an
independent certified public accountant with Government expertise.
The Ordinance also requires that written meet and confer proposals that have been
rejected and are no longer being considered, along with their corresponding fiscal
analyses, will be made public and shall be posted on the City's website.
The proposed ordinance is now on the agenda for a second reading and adoption. It will
be effective thirty (30) days following its passage.
Attachment: Ordinance No. 556
1709305
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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 OPENNESS IN NEGOTIATIONS AND THE
PROCEDURE FOR ADOPTING OR AMENDING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND AN EXCLUSIVELY RECOGNIZED EMPLOYEE
ORGANIZATION
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:
2.48.010:
2.48.020:
2.48.030:
2.48.040:
2.48.050:
2.48.010:
Applicability
Definitions
"Chapter 2.48
LABOR NEGOTIATIONS
City Representative
Economic Analysis
Adoption of a Memorandum of Understanding
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:
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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
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
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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.
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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.
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.
MAYOR
ATTEST:
City Clerk
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