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HomeMy WebLinkAboutOrdinance 2007.005 Amending chapter 4 of the town code relating to police meet and confer r- F. ANN RODRIGUEZ, RECORDER ,RECORDED BY: LLK DEPUTY RECORDER 0112 PEl DOCKET: 13017 PAGE: 3453 NO. OF PAGES: 6 SEQUENCE: 20070560754 03/22/2007 ORDIN 16:06 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 MAIL AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2007.05 RELATING TO THE POLICE DEPARTMENT; AMENDING TOWN CODE, TITLE 4, CHAPTER 4-1, BY ADDING SECTION 4-1-8, ENTITLED "PUBLIC SAFETY EMPLOYEE- EMPLOYER RELATIONS; MEET AND CONFER"; AND DECLARING AN EMERGENCY. WHEREAS the Town has a fundamental interest in maintaining a harmonious and coop- erative relationship between the Town and its public safety employees; and WHEREAS, the Mayor and Council find that addition of Section 4-1-8 to Chapter 4-1 of the Town Code is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Title 4 of the Marana Town Code is hereby revised by adding Section 4-1-8 to Chapter 4-1, as follows: Public safety employee-employer relations; meet and confer A. Findinas and purpose. The town has a fundamental interest in maintaining a harmonious and cooperative relationship between the town and its public safety employees. Establishment of a formal procedure for communications between the two can improve the operations of town government. This sec- tion is intended to allow the town and its public safety employees, acting within the established framework, to enter into discussions to consider various matters relating to wages, hours, and working conditions. B. Definitions. For purposes of this section, the following definitions apply. 1. Designated public safety employee organization: The public safety em- ployee organization that has met the criteria for designation under this sec- tion and that is eligible to participate in the meet and confer process estab- lished by this section. 2. Memorandum of understanding: The written document approved by the council which incorporates the agreement resulting from the meet and con- fer process. Section 4-1-8 I ::::1 ~~l I, "1':.) "I 3. Public safety employees: Full-time, Arizona certified sworn police officers and sergeants, and police dispatchers, police property and evidence tech- nicians and police records clerks. Persons who are employed on a con- tract, temporary, or seasonal basis are not considered public safety em- ployees. ~:l ::~ ,;::1 ~:; ~~l {00004144.DOC I} - 1 - 2/27/200711:09 AM .I" C. Council and town manaaement: riahts and obliaations. 1. The council is the policymaking and legislative body of the town. None of its rights, duties and obligations, as set forth in this code, or otherwise estab- lished by law, shall be restricted by this section. 2. The town's ordinances, rules and regulations, administrative directives, de- partmental rules and regulations, and work place practices shall govern employee relations unless there is a specific conflict with the memorandum of understanding approved by the council pursuant to this section. Where a specific conflict exists, the memorandum of understanding shall govern. 3. By way of illustration and not limitation, the town has the express right: a. To determine the purpose of each of its departments, agencies, boards and commissions. b. To set standards of service to be offered to the public, and to exercise control and discretion over its organization and operations. c. To direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or for other legitimate reasons, de- termine whether goods or services shall be made, purchased or con- tracted for, and determine the methods, means, and personnel by which the town's operations are to be conducted. d. To take all necessary actions to maintain uninterrupted service to the community. 4. The town manager may, at the manager's discretion or at the direction of the council, consult with the town's employees, or their authorized repre- sentatives, about the direct consequences that decisions on these matters may have on wages, hours, and working conditions. 5. It is the policy of the council that in matters involving employee relations not expressly covered by an approved memorandum of understanding be- tween the town and the public safety employee organization, decision- making authority shall rest with the town manager. D. Public safety employees: riahts. Public safety employees shall have the right: 1. To form, join and participate in any employee organization or to refrain from forming, joining or participating. 2. If they so choose, to be represented by the designated employee organiza- tion, to meet and confer through a designated employee organization with the town in the determination of wages, hours and working conditions, and to be represented in the determination of grievances. 3. To represent themselves in grievance matters. E. Meet and confer: scope. 1. This meet and confer process includes the following matters: a. Salary or wage rates or other forms of direct monetary compensation and direct cost subjects. b. Paid time off. c. Leaves of absence. "~ "~:l t:~ :~. '~" ,I fil ~? ,,':! d !:I tl {00004144.00C I} - 2 - 2/27/2007 II :09 AM ... d. Total hours of work required of an employee on each workday or work- week, including overtime, compensatory time, rest and meal periods. e. Personnel records review. f. Discussions with personnel by group representatives. g. Distribution of information. h. Meet and confer procedures. i. Procedure for employee grievances. j. Matters mutually agreed upon by the public safety employee organization and the town manager. 2. The following matters shall not be included in the meet and confer process: a. Employee discipline, hiring, discharging, promotions, demotions, trans- fers or suspensions. b. Any facet of the hiring, promotion or transfer of employees, the types of discipline or the grounds for demotion, discharge, suspension or disci- pline. F. Meet and confer: process. 1. The designated public safety employee organization shall select three pub- lic safety employee members as its representatives. The representatives shall meet and confer with the three representatives designated by the town manager. 2. Representatives of the designated employee organizations shall meet and confer solely with the town manager or the manager's designated repre- sentatives. 3. On or before December 15th of any year in which meeting and conferring is authorized by this section or by any council-approved memorandum of un- derstanding, the designated public safety employee organization shall submit its proposal in writing to the town manager. The proposal shall be in a form that can be incorporated into a memorandum of understanding. Within 30 days, the representatives shall hold an initial meeting. At the ini- tial meeting, the parties shall identify the issues to be discussed and shall establish ground rules for negotiation, including a proposed schedule for meeting and conferring. 4. Unless otherwise provided by this section, during negotiations proposals shall remain confidential except that they shall be available to the town manager, the public safety employee organization representatives, the employees within the employee group and others as designated by the town manager. 5. The parties shall negotiate in good faith until an agreement is reached or until one party declares that the parties are at an impasse. The agreed upon issues shall be incorporated into a memorandum of understanding. If the parties are at an impasse regarding any matter, they shall also prepare and submit a separate, joint document listing the matters in dispute. The council shall consider the memorandum of understanding and the matters in dispute at a public meeting. The public safety employee organization and the town manager shall each be given an opportunity to state their po- .I ::~ ~l ::~" .,,,.,, .e n :~~ ,:1 I'" ,,;! !:::I {00004144.DOC I} - 3 - 2/27/2007 II :09 AM .. sition to the council. The council may accept, reject or modify those areas of agreement within the proposed memorandum of understanding and may take whatever action they feel appropriate with regard to any areas in dis- pute. Final action by the council shall constitute the memorandum of un- derstanding. The decision of the council shall be final. 6. Any portion of the meet and confer process that relates to economic issues shall be concluded prior to May 1 st. 7. The memorandum of understanding shall be entered into for a period of not less than two, nor more than three, years. Economic issues may be subject to annual negotiation. G. Qualification and recoqnition of desiqnated public safety emplovee orqaniza- tion; membership requirements. 1. Any employee organization wishing to represent public safety employees shall submit a memorandum to the town manager within 30 days of the ef- fective date of this section, and no later than August 1st of each year there- after, indicating its desire to represent public safety employees. The memorandum shall contain the following information: a. The name and address of the organization and of the designated con- tacts for the organization. b. A copy of the organization's charter, constitution and bylaws, if such documents exist. c. The names, titles and telephone numbers of its duly elected officers. d. A statement that membership in the organization is not denied because of race, color, national origin, religion, sex, disability, marital or familial status, veteran status or political affiliation. 2. A petition shall be filed with the memorandum. The petition shall include the printed name, employee number, date of signature and signatures of at least 50% plus one of all public safety employees. a. If the signature of an employee appears on petitions filed by more than one employee organization, the employee's name shall be struck from all employee organization petitions on which it appears. b. An employee may remove his or her name from a petition by filing a memo with the town manager requesting removal. The memo must be filed within five days after the petition is filed. c. Upon the request of a public safety employee, the signatures on a peti- tion shall be verified by the town clerk. 3. Following the resolution of any challenges to the filed petitions, the organi- zation meeting the requirements of sections G.1. and G.2. above shall be certified by the town manager as the designated public safety employee organization. 4. The designated public safety employee organization may request that membership dues for all public safety employees who have authorized dues deductions be withheld by the town and distributed to the organiza- tion. j ';I~~ ~~J ~ ,L '~::il ,r' ~~~ ":1 ,:~l 11,':l i~2i {00004144,DOC I} - 4- 2/27/2007 11:09 AM 5. The designated public safety employee organization shall maintain a mem- bership of not less than 50% of the members of its employee group. At any time other than during the annual meet and confer process, the town man- ager may: a. Request that, within 15 days, the organization provide a list of its public safety employee members. b. If membership has fallen below the number necessary to qualify as the representative organization, require the organization to demonstrate the required membership within 90 days. If the organization fails to do so, the organization shall no longer be the designated public safety em- ployee organization. 6. At any time other than during the annual meet and confer process, an ex- isting designated public safety employee organization may be decertified and replaced by another organization. Decertification occurs only when a new organization presents the town manager with a petition which names the organization to be replaced, names the new organization and meets the requirements of sections G.1. and G.2. above. The newly designated group will remain bound by the existing memorandum of understanding un- til the next authorized meet and confer process takes place. H. Prohibited activities. 1. The public safety employee organization, its members or its representa- tives shall not: a. Restrain or coerce employees in the exercise of their rights under this section; b. Refuse to meet and confer with the town; c. Discuss negotiation matters with members of the council from the time the organization makes its presentation to the town manager until items in dispute have been submitted to the council for their determination; d. Use town time, property or equipment for employee organization busi- ness, except as specified in the memorandum of understanding or as provided to the general public; e. Obstruct, restrain or coerce any employee, employee representative, elected or appointed town official, or representative of the town in the exercise of any right provided by this section, for the purpose of gaining a concession under this section, during negotiations, in the selection of its agent for meeting and conferring, or in adjustment of grievances; f. Refuse or fail to comply with any provision of this section. 2. The town, its management and its representatives, shall not: a. Interfere with employee rights under this section; b. Discriminate against an employee with regard to terms and conditions of employment because of the employee's membership status in an em- ployee organization. or because an employee invoked rights under this section; ,;1: ".:,1 Ijl :1., ,u:~!" l~;:l 3 {! J.., \'" .:,::! 7' {00004144.DOC I} - 5 - 2/27/200711:09 AM c. Discriminate in regard to hiring, or any term or condition of employment, in order to encourage or discourage membership in an employee or- ganization; d. Refuse to meet and confer with an authorized representative of the des- ignated public safety organization; provided, it shall not be a violation of this subsection for the town to refuse to meet and confer about eco- nomic items between May 1st and December 15th; e. Refuse or fail to comply with any provisions of this section. 3. Except as expressly authorized in this section, solicitation of members, col- lection or payment of dues, and all other internal employee organization business shall be conducted only during non-duty hours and shall not oc- cur on the town's premises. 4. Employee organizations and employees shall not engage in, initiate, spon- sor or direct a strike, work stoppage, slowdown, sick-out or other similar activity. The employee organization conducting any such prohibited prac- tice shall immediately be decertified as a designated public safety em- ployee organization, shall be ineligible to be recertified for two years and shall be ineligible for payroll deductions of dues for a like period of time. Any employee who engages in any prohibited practice may be subject to disciplinary action, including termination. 5. Nothing contained in this section shall prohibit the public safety employee organization from determining and maintaining its own rules for obtaining or retaining membership in the organization, so long as the rules do not purport to confer any rights to representation by the association other than that provided by this section. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of this ordinance. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th'~;~J~tt;arch, 2007. ",,<<' F rvl.4'~ tfi.<> "nUll,.. ~ ~. ~ s.. "~"'"l ~ ~ f2i! CQRPORATf\~ ~ ... :: c::cx:> = _ - - ST.'IAT - - .. ~ ~S - ....~ ~~ ~ ~ ~;: ~ "/ 1f"llIm\\\!-t ~ ~"fJIZ. ,\~I '~ €':;;~e.ilU.\\\~ tt~ Mayor Ed Honea l l~i':i: 41;~i ~l :1 ,'''Ojl ,l ATTEST: l~l 'I~:~ .,,,.1 "~ I~, t "':! ;~1: {00004144.DOC I} - 6 - 2/27/2007 II :09 AM FIRST AMENDMENT TO CONTRACT FOR LEGAL SERVICES BETWEEN THE TOWN OF MARANA AND EDWARDS & GINN, P.C. THIS FIRST AMENDMENT TO CONTRACT FOR LEGAL SERVICES is effective November 15, 2007, between the Town of Marana, an Arizona municipal corporation (the "Town") and Edwards & Ginn, P.C., an Arizona professional corporation (the "Firm"). RECITALS A. The City and the Firm entered into a Contract for Legal Services for the period of July 1, 2007 through the period of June 30, 2008, for certain specified legal services (the "Contract"). B. The City has determined that additional legal services are desired. C. The City and the Firm desire to enter into this First Amendment to incorporate those additional legal services and to provide compensation therefore. AGREEMENT The City and the Firm hereby agree to amend the Contract as follows: 1. Scope of Services. The Scope of Services shall include an additional paragraph 1, which shall read: 1. Firm shall provide legal consultation and advice regarding legal issues related to implementation of the Town's meet and confer ordinance, including legal issues related to the drafting and implementation of any resulting memorandum of understanding. 2. Compensation. Section 3, paragraph A., Compensation, shall be amended to read as follows: A. The Town of Marana agrees to pay Firm $30,000 for the services rendered under the Contract. Services shall be billed as follows: $5,000 on September 30, 2007; $5, 000 on November 30, 2007; $5,000 on December 31, 2007; $7500 on March 30, 2007; $7500 on June 30, 2008. Each submitted invoice shall be paid within 30 days of the Town's receipt of the Firm's billing statement. 3. Effect of Amendment. In all other respects, the Contract is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and execute this First Amendment to Contract for Legal Services. 4 ? ?4-1 1 For the Firm Approv_ed as to Form: Tq?yK Attorney For the Town of Marana 2