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.
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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.
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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"
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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
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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
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