HomeMy WebLinkAbout10 - OB-3 - Civic Openness in Negotiations Ordinance - 9/4/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 4, 2012 ITEM NUMBER: OB -3
SUBJECT: CIVIC OPENNESS IN NEGOTIATIONS ORDINANCE
DATE: SEPTEMBER 4, 2012
FROM: BOBBY YOUNG, FINANCE AND I.T. DIRECTOR
PRESENTATION BY: BOBBY YOUNG
FOR FURTHER INFORMATION CONTACT: BOBBY YOUNG, (714) 754-5243
RECOMMENDED ACTION:
1. Give second reading to Ordinance No. 12-7 regarding civic openness in
negotiations (Attachment 1) by title only, and waive further reading.
2. Adopt Ordinance No. 12-7 regarding civic openness in negotiations.
BACKGROUND:
In keeping with the City's policy of maintaining transparency and openness, staff prepared
the attached proposed Civic Openness in Negotiations (COIN) ordinance. This ordinance
would set forth procedures and practices to keep the public informed of labor
negotiations, consistent with the Meyers-Milias Brown Act (Government Code section
3500 et seq.). This ordinance was given its first reading at the August 21, 2012 City
Council meeting.
ANALYSIS:
The proposed ordinance would apply to all meet and confer processes undertaken
pursuant to the Meyers-Milias Brown Act, where either the City or a recognized employee
organization proposes changes in wages, hours, or any other terms or conditions of
employment. It would establish a principal negotiator for the City. It would establish a
method for an independent economic analysis of the fiscal impacts attributed to each
term and condition of employment subject to the meet and confer process. This analysis
would be made available to the public at least thirty (30) days before consideration by the
City Council of an initial meet and confer proposal to be presented to any recognized
employee organization of an amended, extended, successor, or original memorandum of
understanding.
The proposed ordinance would also set forth requirements for reporting out of closed
session with the facts, as well as their significance and impact, of all prior offers,
counteroffers, and meet and confer -related bargaining positions received or made by
1
either the City or an employee organization and that are no longer being considered.
Each City Council member would be required to disclose the identity of any employee
association representative with whom that Council Member has had any communications
regarding the subject matter of a pending meet and confer process.
The proposed ordinance would require that, prior to the rendering of a final City Council
determination regarding adoption of a memorandum of understanding, the matter shall be
heard at a minimum of two (2) City Council meetings, and the materials for the matter
shall be posted on the City's website at least seven (7) days prior to the first meeting.
The proposed ordinance also includes a reorganization Chapter VI (Personnel) of the
Costa Mesa Municipal Code to include articles, Article 1 consisting of the existing sections
within the chapter, and Article 2 consisting of the Civic Openness in Negotiations (COIN)
sections.
FISCAL REVIEW:
If adopted, the City would be required to procure an independent financial
auditor/consultant for the purpose of valuing the contract(s) 30 days prior to being
negotiated. The cost of this service is unknown at this time.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance.
CONCLUSION:
In order to establish Civic Openness in Negotiations, staff recommends giving second
reading by title only and waiving further reading of the ordinance, and adopting the
attached proposed ordinance.
V.
1TTOMAS R. HATCH
City Chief Executive Officer
HOMAS P. DUARTE
City Attorney
BOBBY N
Finance and I.T. Director
Attachments: 1. Proposed Civil Openness in Negotiations Ordinance
2. Sample Financial Analysis for Contracts with:
• Costa Mesa Employees Association (CMCEA)
• Costa Mesa Police Officer's Association (CMPOA)
• Costa Mesa Firefighter's Association (CMFA)
Distribution: City CEO
City Clerk
K
ATTACHMENT 1
ORDINANCE NO. 12-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA AMENDING CHAPTER VI OF TITLE 2 OF
THE COSTA MESA MUNICIPAL CODE TO ORGANIZE EXISTING
SECTIONS INTO ARTICLE 1 AND ADD A NEW ARTICLE 2
REGARDING CIVIC OPENNESS IN NEGOTIATIONS
WHEREAS, the City Council of the City of Costa Mesa finds that civic openness
during labor negotiations is essential to good government; and
WHEREAS, Government Code section 3500 et seq. is known as the "Meyers-
Milias-Brown Act' ("the Act"); and
WHEREAS, Government Code section 3500 provides in pertinent part that the
purpose and intent of the Act is "to strengthen merit, civil service and other methods of
administering employer-employee relations through the establishment of uniform and
orderly methods of communication between employees and the public agencies by which
they are employed"; and
WHEREAS, the City Council finds that public information and knowledge is
enhanced by virtue of employees and public agencies undertaking their duties and
obligations pursuant to the Act in an open and transparent manner; and
WHEREAS, the City Council finds that the communication between the City and
its employees required by the Act, regarding changes in wages, hours and other teens and
conditions of employment, would benefit from the opinions of an informed and
knowledgeable public; and
WHEREAS, it is the determination of the City Council that performance by the
City and its employees of their respective duties and obligations under the Act will be
facilitated when Lmdertaken in the presence of an informed public.
WHEREFORE, the City Council of the City of Costa Mesa does hereby ordain as
follows:
Section 1. Article 1 is hereby added to Chapter VI (Personnel) of Title 2 of the Costa
Mesa Municipal Code to include existing Sections 2-210 through 2-235. Article 1 shall
be titled, "Purpose, Rules, and Retirement."
Section 2. Article 2 is hereby added to Chapter VI (Personnel) of Title 2 of the Costa
Mesa Municipal Code to read as follows:
ATTACHMENT 1
ARTICLE 2. — CIVIC OPENNESS IN NEGOTIATIONS
Section 2-236. - Applicability. This article shall apply to all meet and confer processes
undertaken pursuant to the Meyers-Milias-Brown Act, where either a recognized
employee organization or the city, through their respective representatives, propose
changes in wages, hours, or any other terms or conditions of employment. In an effort to
avoid inherent conflicts of interest, the principal representative negotiating on behalf of
the city 1) shall not be an employee of the city, 2) shall not be a member of any
retirement system providing a defined benefit to the member, and 3) shall have a
demonstrated expertise in negotiating labor and employment agreements on behalf of
municipalities. The city council shall designate one or more Executive employees to be
present during negotiations and to assist the principal negotiator as the city council and/or
principal negotiator deem appropriate.
Section 2-237. - Independent Economic Analysis.
(a) In order to implement the requirements of section 2-236, the city shall have
prepared on its behalf, by an independent auditor in cooperation with the Finance
Director, a study and supplemental data upon which the study is based,
determining the fiscal impacts attributed to each term and condition of
employment made available to the members of all recognized employee
organizations.
(b) The above report and findings of the independent auditor shall be completed and
made available for review by the city council and the public at least thirty (30)
days before consideration by the city council of an initial meet and confer
proposal to be presented to any recognized employee organization regarding
negotiation of an amended, extended, successor, or original memorandum of
understanding.
(c) The above report shall be regularly updated by the independent auditor to itemize
the costs and the funded and unfunded actuarial liability which would or may
result from adoption or acceptance of each meet and confer proposal. These
measurements shall display the fiscal impacts of the employee association and/or
city proposals. The report shall be prepared in the following format, including all
benefit and or pay aspects of each MOU, and shall include written council
member acknowledgement that the report has been read and considered by the
signing council member.
BENEFIT/PAY
Base Salary
Pension/Retirement Benefit
Cafeteria - Health Benefits
Bilingual Pay
Shorthand Pay
Holiday Allowance Pay
Longevity Pay
Class A/B License Pay
Shift Differential Pay
Shift Differential Pay - A/M
Emergency Med Dispatch Pay
Canine Care Pay
Motor Officer Maintenance Pay
Motor Officer Assignment Pay
Motor Training Officer Assign
Pay
POST Advanced Certificate Pay
POST Intermediate Certificate
Pay
Uniform Pay -Patrol - 2.S%
Paramedic Assignment Pay
1st Medic Re -Certification Pay
2nd Medic Re -Certification
3rd Medic Re -Certification Pay
Medic Recertification Bonus
Pay
Investigator II Certification
Pay
Instructor 11 Certification Pay
Instructor III Certification Pay
Prevention Officer II
Certification Pay
Prevention Officer III
Certification Pay
Public Education Officer
Certification Pay
Driver/Operator Certification
Pay
Rescue Specialist Certification
Pay
Confined Space Oper Tech
Certification Pay
Specialized Rescue Tech
Certification Pay
Firefighter 11 Certification Pay
Fire Officer Certification Pay
Chief Officer Certification Pay
Fire Certification Pay - 60
Units
Fire Certification Pay - 120
Units
Fire Certification Pay - 180
REPORT FORMAT
F.1%,0101F.11 1
BENEFIT/ COST TO COSTTO UNFUNDED
PAY CITY CITY LIABILITY
ATTACHMENT 1
PROJECTED EXISTING
UNFUNDED FUNDED
LIABILITY LIABILITY
COST
FUNDED
LIABILITY
COST
ATTACHMENT 1
Units
Fire Certification Pay - AS / AA
Degree
Fire Certification Pay - BS/BA
Degree
Fire Certification Pay - MS/MA
Degree
Others as deemed necessary
COUNCIL MEMBER ACKNOWLEDGMENT
Council member (initials) Dated
Council member _ (initials) Dated
Council member _ (initials) Dated
Council member (initials) Dated
Council member _ (initials) Dated
Section 2-238. — Civic Openness in the Meet and Confer Process.
(a) Government Code section 3505, as it currently exists, mandates that changes in
wages, hours and other terms and conditions of employment be preceded by
participation of representatives from both the recognized employee organization
and the city in good faith "meet and confer." Government Code section 54957.6
authorizes the city council to meet in closed session with its designated
representatives for the purpose of reviewing its meet and confer position and
instructing its designated representatives as to how to participate in the meet and
confer process. The city council shall report out from such closed session the
facts, including their significance and impacts, relating to any and all prior offers,
counteroffers, and meet and confer -related bargaining positions made by either
the city and representatives of any employee organization, which were
communicated to the city council during the closed session and are no longer
being considered. City council representatives shall have a duty to advise the city
council during any such closed session of offers, counteroffers, information,
and/or statements of position discussed by employee organization and city
representatives participating in the meet and confer process since the last such
closed session. This section shall not mandate publication of city council -directed
future proposals and/or the analytical thought process utilized by the city council
in addressing issues subject to the meet and confer process.
(b) Each city council member shall disclose both publicly and during closed sessions,
the identity of any and all employee association representatives with whom the
ATTACHMENT 1
city council member has had any verbal, written, electronic or other
communication(s) regarding a subject matter of a pending meet and confer
process.
Section 2-239. - Adoption of Memorandum of Understanding.
Excepting the resolution of any meet and confer impasse, the rendering of a final city
council determination regarding adoption of a memorandum of understanding shall only
be undertaken after the matter has been heard at a minimiun of two (2) city council
meetings wherein the public has had the opportunity to review and comment on the
matter. Not less than seven (7) days prior to the first city council meeting where the
matter shall be heard, the city shall post on its website those materials explaining the
basis for the memorandum of tmderstanding under consideration for adoption.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and or further, is hereby repealed or modified to the extent necessary
to affect the provisions of this Ordinance.
Section 4. Severability. 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
provision, clause or application; and to this end, the provisions of this Ordinance are
declared to be severable.
Section 5. Publication. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary of this Ordinance
and a certified copy of the text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
siumnary and shall post in the office of the City Clerk a certified copy of this Ordinance
together with the names and members of the City Council voting for and against the
same.
PASSED AND ADOPTED this
day of
2012.
Eric Bever, Mayor
ATTACHMENT 1
ATTEST:
Interim City Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA 1
I, BRENDA GREEN, Interim City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 12- was
introduced and considered section by section at a regular meeting of said City Council
held on the day of 2012, and thereafter passed and adopted as
a whole at the regular meeting of said City Council held on the day of
, 2012, by the following call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of 12012.
Interim City Clerk and Ex -Officio Clerk of
the City Council of the City of Costa Mesa
ATTACHMENT
I hereby certify that the foregoing is the original of Ordinance No. duly passed
and adopted by the Costa Mesa City Council at the regular meeting held ,
2012, and that Summaries of the Ordinance were published in the Daily Pilot on
and 2012.
Brenda Green, Interim City Clerk and Ex -
Officio Cleric of the City Council of the City
of Costa Mesa
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