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HomeMy WebLinkAboutORD NO 4535ORDINANCE NO. 4 5 3 5 ORDINANCE AMENDING SECTION 2.76.130 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RESOLUTION OF IMPASSES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.76.130 of the Bakersfield Municipal Code is hereby amended to read as follows: 2.76.130 Resolution of impasses. A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 1. Mediation (or conciliation) as agreed to by both parties, defined in subsection 16 of Section 2.76.030. All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issues; 2. A determination by the city council after a hearing on the merits of the dispute; 3. Any other dispute resolving procedures to which the parties mutually agree or which the city council may order. B. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting may then be scheduled by the city's designated authority forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: 1. To permit a review of the position of all parties in a final effort to each agreement on the disputed issues, and 2. If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted; in the absence of agreement between the parties on this point, the matter may be referred to the city council. gAKF9 S:\COUNCIL\Ords\06-09 Ords\2.76.1301mpasse.doc 0~ S~ -- Page 1 of 3 Pages -- ~ U ~ ORIGINAL C. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half by the city and one-half by the employee organization or employee organizations. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. SECTION 2. --00000- S:\COUNCIL\Ords\08-09 Ords\2.76.1301mpasse.doc -- Page 2 of 3 Pages -- O~ ~ A KF9`~'-c~ ~- U ~ ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~r ~~g~, by the following vote: AYES COUNCILMEMBER CARSON, BEN AH M, WE R HANS NO ,= ~, SCRIVNER ES: COUNCILMEMBER ULO~o ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CO FS1U-U -s 1/Q,1" t~/~ PAMELA A. McCART CMC CITY CLERK and EX F ICIO of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ~ . OSHUA H. RUDNICK Deputy City Attorney JHR:dII ~gA1~~~ o S:\COUNCIL\Ords\08-09 Ords\2.76.1301mpasse.doc a - ~ F -- Page 3 of 3 Pages -- v R ORIGINf~I APPROVED: OCT 2 2 2008 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 23rd day of October , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4535 ,passed by the Bakersfield City Council at a meeting held on the 22nd day of October, 2008 and entitled: AN ORDINANCE AMENDING SECTION 2.76.130 OF THE MUNICIPAL CODE RELATING TO RESOLUTION OF IMPASSES. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd o``gAKF9~ T ~ m r U O ORIGINAL