Sec. 2-138. - Employee-management committee.
(a) The employee-management committee will consist of the following:
(1) One (1) representative from each registered employee organization;
(2) One (1) city employee member of each registered employee organization, as designated by the registered employee organization;
(3) One (1) representative from the city manager's office;
(4) One (1) representative from the human resources department (director of human resources or designee);
(5) Three (3) department directors (on a rotating basis); and
(6) One (1) employee from each of the EEO categories designated in subsection (c).
(b) For purposes of this division, a "registered employee organization" means an association or organization that includes among its members employees of the city and that exists for the purpose of dealing with an employer concerning terms and conditions of employment, and which meets all of the following eligibility criteria:
(1) Certified copies of the association or organization's charter, bylaws, and a listing of the name, address, and phone number of the business agent for the association and the officers of the association, and any amendments thereto, have been provided to and are on file with the director of human resources; and
(2) The director of human resources has sufficient evidence that the association or organization represents, as members, either:
a. Five (5) percent of the total number of employees "eligible" or "targeted" for membership by the association or organization, if that population is less than one thousand (1,000) employees, or
b. Fifty (50) employees.
A signed form authorizing deduction and payment of dues to an association or organization from an employee's paycheck shall be considered proof of membership by that employee. The director of human resources shall audit the membership requirement established by this subsection (b)(2) on a semi-annual basis. An association or organization that does not meet this eligibility requirement shall be given a three-month notice and the opportunity to provide evidence of sufficient membership before losing eligibility to participate on the employee-management committee.
(3) Organizations not certified within thirty (30) days of the establishment of this ordinance may only petition for recognition and respective representation on the committee during the semi-annual certification/audit period mentioned in subsection (b)(2).
(4) Representatives seated in accordance with subsections (a)(1) and (a)(2) shall collectively cast a single vote.
(c) An election will be conducted bi-annually by the city clerk's office to determine the representation for each EEO category/unit listed below. "Representation" can be by either a registered employee organization or individual employee:
Office/clerical;
Para-professionals;
Protective services;
Professionals;
Service maintenance;
Skilled craft; and
Technician.
(1) To be placed on the ballot, a registered employee organization or an individual employee must submit a petition approved by the city clerk's office with signatures representing a minimum of ten (10) percent of employees in the respective EEO category. The signatures will be certified by the city clerk's office, with assistance provided by the human resources department.
(2) Eligible "candidates" will be placed on the ballot in random order as determined by drawing. The organization or individual that receives a plurality of the votes during the election shall be deemed the representative for the category.
(3) For individual employees, they shall select an alternate at least five business (5) days prior to the election. The individual's and alternate's names both shall appear on the ballot as a ticket.
(4) Registered employee organizations shall select the representatives in a manner of their choosing. The employees they select may change at any time at the organization's discretion.
(5) The winners of the election in each EEO category will serve for three (3) years, to coincide with the fiscal year, beginning with fiscal year 2006—2007.
(6) Due to the timing of the effective date of this division to the fiscal year, the first term will be guided by the timeline set forth in section 2-140.2.
(7) The city clerk shall have final determination authority on the hours, location and date of an election, and may cancel an election should any candidate run unopposed.
(d) Any employee on the committee must have completed his or her initial probationary period and must not have incurred any of the following disciplinary actions within the six (6) months prior to selection; suspension, disciplinary demotion, or termination. Any employee who resigns from the city or who receives a finalized disciplinary suspension, demotion or termination during his or her term will be removed from the committee and the alternate employee in that category will be selected to serve the remainder of that member's term.
(e) Each employee organization will designate one (1) covered employee from its membership. A committee member selected under this subsection serves at the pleasure of their respective organization(s). A change in a designated representative by an employee association/organization shall be communicated in writing to the human resources department at least ten (10) days prior to the meeting.
(f) If for any reason any employee cannot or chooses not to serve the full term, the alternate employee will serve the remainder of that employee's term. That alternate shall then select a qualified alternate from the respective EEO category.
(g) All employee committee members will be paid for time spent at meetings, even if not assigned to 7:45 a.m.—4:30 p.m. shift.
(h) The city will allow up to twenty (20) hours of administrative leave per calendar quarter to be utilized by the individual employee (or employees, if more than one is designated in a calendar quarter by an association) assigned to an EEO representative slot on the employee-management committee. In no event will more than twenty (20) total hours be granted by an employee or a combination of employees assigned to an EEO category position within a calendar quarter. This leave is to be used for meeting preparation for employee-management committee meetings or subcommittee meetings of the employee-management committee.
(Ord. No. 99630, § 1, 8-26-04; Ord. No. 2006-06-29-0819, §§ 1—4, 6-29-06)
