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HomeMy WebLinkAbout03/20/2007 Blue Sheet Meet and Confer Ordinance TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: March 20, 2007 AGENDA ITEM: J.l TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: PUBLIC HEARING. 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. DISCUSSION At the request of and as a result of negotiations with the Marana Police Officers Association (MPOA), Town outside counsel Beverly Ginn has prepared the "Meet and Confer" ordinance presented to you by this agenda item. With the submission of appropriate documentation and signatures of more than half of all Town public safety employees on a petition for recognition, this proposed ordinance provides for certification of a designated public safety employee organization which will designate three public employee representatives to negotiate with three Town Manager-designated representatives concerning matters relating to salary and wage, paid time off, leaves of absence, and others specified in the ordinance. The negotiations would occur based on an annual schedule set forth in the ordinance, and would continue until an agreement is reached or until an impasse is declared. The agreed-upon matters are incorporated into a memorandum of understanding, which is then taken to the Council for final action. Matters for which there is an impasse are also taken to the Council for final determination, with each side given an opportunity to present their position to the Council. The Council's final determination of all issues constitutes the memorandum of understanding, which is then entered into for a period of not less than two nor more than three years, with economic issues subject to annual negotiation. Under this proposed ordinance the designated public safety employee organization would represent all full-time, Arizona certified sworn police officers at the rank of officer and sergeant, police dispatchers, police property and evidence technicians and police records clerks employed by the Town. If this proposed Meet and Confer ordinance is adopted, Town staff anticipates that the MPOA will successfully complete the certification process to become the designated public safety employee organization. RECOMMENDATION Town staff recommends adoption of Ordinance No. 2007.05, the Meet and Confer ordinance. SUGGESTED MOTION I move to adopt Ordinance No. 2007.05. (00004232.DOC / 2) 3/13/200711:49 AM FJC 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 ofthe 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. Findinqs 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. 3. Public safety employees: Full-time, Arizona certified sworn police officers at the rank of officer and sergeant, police dispatchers, police property and evidence technicians and police records clerks. Persons who are employed on a contract, temporary, part time or seasonal basis are not considered public safety employees. Section 4-1-8 {00004144.00C / 2} - 1 - 3/13/200711:37 AM C. Council and town manaoement: riohts and obliqations. 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 emplovees: riqhts. 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. {00004144.DOC / 2} - 2 - 3/13/200711:37 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- {00004144.DOC / 2} - 3 - 3/13/2007 11:37 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 safetv employee 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. {00004144.DOC / 2} - 4- 3/13/2007 11:37 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; {00004144.DOC / 2} - 5 - 3/13/200711:37 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 1 st 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 ofthis 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 day of March, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004144.00C / 2} - 6 - 3/13/2007 II :37 AM AFFIDAVIT OF PUBLICATION STATE OF ARIZONA COUNTY OF PIMA ss. Audrey Smith, being first duly sworn, deposes and says that (s)he is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE ORD. NO. 2007.05 POLICE DEPARTMENT; ENTITLED "PUBLIC SAFETY EMPLOYEE-EMPLOYER RELATIONS; MEET AND CONFER"; AND DECLARING AN EMERGENCY. was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 4 issues; that was first made on the 27th day of March 2007 and the last publication thereof was made on the 30th day of March 2007; that said publication was made on each of the following dates, to-wit: 03/27/07 03/28/07 03/29/07 03/30/07 at the Request of: Town of Marana, Clerk's Office , Legal Advertising Manager is 30th day of March 2007. JAtHE C. M/,[!AS rJct~vy PubliC - Arj"ona P;il.3 txpites 02;:J4j08 f . \, C~ ry Public in and for the County of Pima, State of Arizona My commission expires: '~J-- l'r~ o){ ...... '""'"-"..."",""...._~.,.~....."-~"~^,,,.,,.<,~ ."~ ,."".~+--__~""_'~.~_HO_"~..."~_.~,~.^,..,.. """o~_c"""'..."'~._,',""~"..._"., PUBLIC NOTICE MARANA ORDINANCE NO. 2007.05 RELATING TO THE POLICE DEPART- MENT; AMENDING TOWN CODE, TI- TLE 4, CHAPTER 4-1, BY ADDING SECTION 4-1-8, ENTITLED "PUBLIC SAFETY EMPLOYEE-EMPLOYER RE- LATIONS' MEET AND CONFER"; AND DECLARING AN EMERGENCY. WHEREAS the Town has a fundamen- tal interest in maintaining a harmonious and cooperative relationship between the Town and its pUblic safety empioy- ees; 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 in- terests of the Town and its empioyees 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 Sec- tion 4-1-8 to Chapter 4 1, as follows: Section 4-1-8 Public safety em- ployee-employer relationa; meet and confer A. Findinas and ouroose. The town has a fundamental interest in maintaining a harmonious and cooperative relation- Ship between the town and its public safety employees. Establishment of a formal procedure for communications between the two can Improve the op- erations 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, .l:le1ini.tilms. For purposes of this sec- tion, the following definitions apply. 1. Designated public safety employee organization: The public safety em- ployee organization that has met the cri- teria for designation under this section and that is eligible to participate in the meet and confer process established by this section. 2. Memorandum of understanding: The written document approved by the council which incorporates the agree- ment resulting from the meet and confer process. 3. Public safety employees: Full-time, Arizona certified sworn pOlice officers and sergeants, and police dispatchers, police property and evidence techni- cians and police records clerks. Per- sons who are employed on a contract, temporary, or seasonal basis are not considered pUblic safety employees. C. Council and town manaaement. riahts and ohliaatinns. 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, departmental rules and regulations, and work place practices shall govern em- ployee relations unless there is a spe- cific conflict with the memorandum of understanding approved by the council pursuant to this section. Where a spe- cific conflict exists, the memorandum of understanding shall govern. 3. By way of illustration and not limita- tion, 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 Of- fered to the public, and to exercise con- trol and discretion over its organization and operations. c. To direct its employees, take discipli- nary action, relieve its empioyees from duty because of lack of work or for other legitimate reasons, determine whether goods or services shall be made, pur- chased or contracted for. and determine the methods, means, and personnel by which the town's operations are to be conoucted. d. To take all necessary actions to maintain uninterrupted service to the community. 4. The town mahager may, at the man- ager's discretion or at the direction of the council, consult with the town's em- ployees, or their authorized representa- tives, about the direct consequences that decisions on these matters may have on wages, hours, ahd working conditions. 5. It is the policy of the council that in matters involving employee relations not expressly covered by an approved memorandum 01 understanding be- tween the town and the public safety employee organization, decision-mak- ing authority shall rest with the town manager. D. Public safety emolovees' riahts. Pub. lie 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 des- ignated 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 in- cludes the following matters: a. Salary or wage rates or other forms of direct monetary compensalion and direct cost subjects. b. Paid time off. c. Leaves of absence. 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 In- cluded in the meet and confer process: a. Employee discipline, hiring, discharg- ing, promotions, demotions, transfers or suspensions. b. Any facet of the hiring, promotion or transfer of employees, the types of dis- cipline or the grounds for demotion, dis- charge, suspension or discipline. F. Meet and confp.r' Drocess. 1. The designated public safety em- ployee organization shall select three public safety employee members as Us representatives. The representatives shall meet and confer with the three representatives designated by the town manager. 2. Representatives of the designated empioyee organizations shall meet and confer solely with the town manager or the manager's designated representa- tives. 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 sub- mit 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 initial meeting, the parties shall Identify the issues to be discussed and shall establish ground rules for negotiation, including a pro- posed schedule for meeting and confer- ring. 4. Unless otherWise provided by this section, during negotiations proposais shall remain confidential except that they shall be available to the town man- ager, the pUblic safety empioyee organi- zation 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 is- sues shall be incorporated into a memo- randum of understanding. 11 the parties are at an impasse regarding any matter, they shall also prepare and submit a separate, joint document listing the mat- ters in dispute. The council shali con- sider the memorandum of understand- ing and the matters in dispute at a pUb- lic meeting. The pUblic safety empioyee organization and the town manager shali each be given an opportunity to state their position to the council. The council may accept, relect or modify those areas of agreement within the proposed memorandum of understand- ing and may take whatever action they feel appropriate with regard to any ar- eas In dispute. Finai action by the coun- cil shall constitute the memorandum of understanding. The decision of the council shali 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 recoanition of des- ion::.tAd nublic safp.tv emDlovee oroani- zalia"' membershin recuirements. 1. Any employee organization wishing to represent pUbtic safety employees shall submit a memorandum to the town manager within 30 days of the effective date of this section, and no iater than August 1 st of each year thereafter, Indi- cating its desire to represent public safety employees. The memorandum shall contain the following infonmation: a. The name and address of the organi- zation and of the designated contacts for the organization. b. A copy of the organization's charter, constitution and bylaws, If such docu- ments 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 01 race, color, national origin, religion, sex, disability, marital or familial status, vet. eran 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 ap- pears on petitions filed by more than one employee organization, the em- ployee'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 re- moval. 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 petition shall be verified by the town cierk. 3. Foliowing the resolution of any chal- lenges to the filed petitions, the organi- zation meeting the requirements of sec- tions G.1. and G.2. above shall be certi- fied by the town manager as the desig- nated publiC safety employee organiza- tion. 4. The designated public safety em- ployee 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 organization. 5. The designated public safety em- ployee organization shall maintain a membership of not iess than 50% of the members of its empioyee group. At any time other than during the annual meet and confer process, the town manager may: a. Request that. within 15 days, the or- ganization provide a list of its pUblic safety employee members. b. If membership has fallen below the number necessary to qualify as the rep- resentative organization, require the or- ganization to demonstrate the required membership within 90 days. If the or- ganization falls to do so, the organiza- tion shall no longer be the designated public safety employee organization. 6. At any time other than during the an- nual meet and confer process, an exist- ino desionated public safetv emplovee ~~g~~i~';;i~-~ ;';;~;;b~ -d~~~-riifi~d~~d ;~_ placed by another organization. Decerti- fication occurs only when a new organi- zation presents the town manager with a petition which names the organization to be replaced, names the new organi- zation and meets the requirements of sections G.1 and G.2. above. The newiy deSignated group will remain bound by the existing memorandum of understanding until the next authorized meet and confer process takes place. H. Prohibited activities. 1. The pUblic safety employee organiza- tion, its members Dr its representatives shall not: a. Restrain or coerce employees in the exercise of their rights under this sec- tion; 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 dis- pute have been submitted to the council for their determination; d. Use town time, property or equipment for employee organization business, ex- cept as specified in the memorandum of understanding or as provided to the general public; e. Obstruct, restrain or coerce any em- ployee, employee representative, elected or appointed town official, or representative of the town in the exer- cse of any right provided by this sec- tion, for the purpose of gaining a con- cession under this section, during nego- tiations, in the selection of its agent for meeting and conferring, or in adjust- ment of grievances; f. Refuse or fail to comply with any pro- vision 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 employee or- ganization, or because an employee in- voked rights under this section; c. Discriminate in regard to hiring, or any term or condition of employment, in order to encourage or discourage mem- bership in an empioyee organization; d, Refuse to meet and confer with an authorized representative of the desig- nated public safety organization; pro- vided, it shall not be a vioiation of this subsection for the town to refuse to meet and confer about economic items between May 1st and December 15th; e. Refuse or fail to comply with any pro- visions of this section. 3. Except as expressly authorized in this section, solicitation of members, coliection or payment of dues, and all other Internal employee organization business shall be conducted only during non-duty hours and shall not occur on the town's premises. 4. Employee organizations and employ- ees shall not engage in, initiate, spon- sor or direct a strike, work stoppage, slowdown, sick-out or other similar ac- tivity. The employee organization con- ducting any such prohibited practice shall immediateiy be decertified as a designated pUblic safety empioyee or- ganization, shall be ineligible to be re- certified for two years and shall be ineli- gible for payroll deductions of dues for a like period of time. Any empioyee who engages in any prohibited practice may be SUbject to disciplinary action, includ- ing tenmination. 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 organi- zation, so long as the ruies do not pur- port to confer any rights to representa- tion by the association other than that provided by this section. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks reqUired or beneficial to carry out the terms, obligations, and objectives of this ordinance. ~::a=r.Tlnt\1 !'l. ~In,...:lo it ic:. nQ"'Qcc:~rv fnr ............. ,....... .... .....,........ .... .'...............-.) ..... the preserv.ation of the peace, health -and safety of the Town of Marana that this ordinance become immediately ef- fective, an emergency is hereby de- clared to exist, and this ordinance shall be effective immediately upon its pas- sage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of March, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Altorney PUBLISH: The Dally Territorial March 27, 28, 29, 30, 2007 pn2007.05 l.m