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HomeMy WebLinkAboutResolutions - No. 4291ii'E S OLUT I ON 210 44 9 1 WISMENTING XWEAS YlLIAWBRUX ACT BY ISTAWISHING P9001DURES FCR ADIUNISTRATION OF UK OYER; in PLW,!,� EFF!"IWEEN TfE CITY OF LOW iti@ ITS EYPLGY'.,! ORGANIZATIONS s AND ?OR RESOLVING MATURS AFFECTING EMPWWW'� GUM& OF GONTENT5 FAGW yscTloa 1. TITLE OF RUGLUTION 1 SECTION 21, OF PURPOSE SSGTTUN KFINiTTONS SECTION &MPLOYES RIGHTS 6 SECTIPN V CITY RIGHT 6 SICTioN 6, MKIT AAD COWER IN GOW FAITH --SCOFF, 7 SIC` IGN CONQUATION IN GOOD FAiTh--3GOPE; 7 SICTION ADVAJUCE NOTICE 7 PSTITION FOR HTCOGNITIOR SICTIC4 10. UNIT 11 SEUTON 11, AECOGNITICR OF EMPLOYEE ORGANIZATIONS AS WORITY HKEESENTATIVE - FORMAL RECOGNITION 12 SECTION M DWIGNATION OF MIRNICIPAL EMPLOYEE RELATIONS OFFICER 13 GICTION RESOLUTICA UF IMPASKS 13 SUTION U GRIEVANCTS 14 SZOTION 15. MERDRANDUM CF LND ERS T AUND:LNG 14 snTION 16, FRCUIDITID PRASTICS 14 SETION 17, RUIS8 Ajb WULATIONS 15 SICTION 18, OGNSTRUCTION 15 SECTiQN IV SWARABILITY 16 WHER-KAS Ohapt6r 10., Division 4, TA -t,16 I of the Goverament Code of the Stat,_- Californl,a was ajfnded effec-ti-ve JaLnaary 1. 1969 for 'the purpose of -Inprov5d employe,- .employee relations between yublic employers and by establishing uxiiforii,, uxi crderly methods of conaluaioation bckwven eiDplcyees and ilia public age,,,.:,i,_, by which thQy are employed; and TWUERE&S G,,)-vf_�rnment Cods Ser --tion, 3 L.� 4 _5"t imp owers a. City to adopt reasonable r,uj�5 ;u -ad reLajation5 after con5u1tat-_Jcn 2n good faith vith re—l-e-sentati.Tref of .=1 its emapl--iyee organizations for the acbTiinj.6tration of employer--einployee relations; and I-THVtEAS t -ht. City of Lcdi d�siras to adopt such rea;onable rules and j,e6-u1At3,or4.q as authora-zed by NONI,,, TH+�aATFGRS' , 1111r CITY COU'W"dUl 01' THE CITY OF LORI DO]�S Hl�tRIR,13Y !?E"QUV_� AS FOLLCUS,; 1.'1T1,_,_i OF WE$OLUTION Th­� HtolutAon shall be known. a.q th�Relations 0 H6s..,lut._JoD of the City of 1,01i. SECTIC1.1 2. STATIMEM OF PURPOSE The purpns6 of thi5 Reiolution is to implemeat M4pter 10, Division 4,, Title I of thc. 0ove'rrarient Code of the State of G:wliforrda (Sections 3500 et.seq.) Captd"xned l:Mployee OrganizaTIon:iOq by providing orderly procedures for the of UIP10yart -employee relations t-4rween the City arra organizations pn�� sari re ting itZ3 E:mploye�,As and for resolviiig di z .5putes r6garding w4ges., hours., and othM':, aid (.,,)nd._z.tions or employment. -1- DIR, F IN I T 10N'3 3 A,s u3ed in tha.5 Lhe folj. 4_iag T,6fir.s .9hall have th6 "A.) APPRUP14rATE, WIIH,T­­mam�� a ur&t establi_-,6oj �jsd puranL k. Ls-) erg Tei T 10 ' f Rbt3�'Iut.ion� GITY­ueanQ16 City of a and wheTe, �pproprlate hereAn, I'CityFl rt,fv,-rs to the City the govermxq; body of 3a-A.d Cj_ty,, or any duly a'uthor-i,z-_d jmaE_ement empluye6 aa herein dcfixtE;d, (C.) CONSULT OR COWiU'LTVION IN GOOD FAITH-- re axis to communicate orally or in vriting for the purpo:ia Df v.re5e,nLing and obtaining views and advising of int5nded I action -i a 21%'PLOYI3_ means a4ay per.3on r6gularly amplqyed by the GJtty ayrept those persons elected by popular von ,e, C 0 N IF I D j_ 1� r� PT OYE;�' TT T,­­:nCa�nS whQ a,3.9 t, or acts ir, a oonfidential capacity to persons who participata in the formulation,, determination or Implementation L ,:,,f C-ity management policies in the field of amp loye r -employee relations . (1) Any -mployee having responsibilitie-s for formulating and a4mini.9tering City policits and progra.­5., lnoludlng but not limited -L,,D the chief o,-ecutive offs eer and dspartrjtnt Jibadsj and roisi -rity to _�-xef, ndap6ndent Any e�mployee hav:.ng aiith4) jud,prant to ldxe,, transfer, s)uspend., lay-off, recall_9 -2-" ITOMOM djnchavZo� ass;gng r&wnrdx or Woipline other A 9 employe&SE or having the reaponaibility to direct than, or Lo e4just their grievances, or effectively to recd :end aunh action Of in narmeation wath the foregoing, the exerna6 of to vath-ir-Ity :i.: not Df a merely routine or alartCal narUro, bUt requires the use of Andependent jud jgil& I I " " (G.) hMjLOjESv employees engaged in work requiring spaQiallzed Wyladgo and skills attained through co,Tjotion of a coarse of jnstructiQn, includingg lout: not Am& tqo atfor nay og physiKyns, registered Ourseso enjinecrs, aTuRnectsl taachersq and various types of physiq&4' cheminalo and biological "Onentists. ; �\— I (H�) EMPIOUS any organization which includes amplayeus of the City and which has as one of its primary purposes repreianning such eriployeas iL their employment relations Ath the City. ( .) SMOYERAMPLUM RELATIONS—oaass the relationship between the City and M5 Qmployee3 and their amployee organizationg cm when ns6d Q a general sense, the relationship between City management and. employees or employee organizationa. GRISVIRCS— as this term A defined in Section 140). (K.) iMPASSE—mea va (1) a deadlock In the annual (or periodic) 05oussions between a moJority repre5cntavive and the City aver any maAars concerning they axe r6q,irod tD meet and Confer in good faith, or over the vaQpe of auQh vubjew I matt6r; or t'2) any vmrasnived namplaino by an affected empvyee organumon, adv4noed in good faitho cmaerniag a denielon of the Municipal Wyloyss Relations Officer maQ pux6aant to Sections 97 10 or I.I. of this Resolution, (L�) MAJORITY REPRESSHTATIU—nean3 an emplqyee organization,, or its duly authoTued representative, that W been granted formal recognition tT the Municipal Enployse R61400na Officer an representing W majority of qmployees in kaul appropriate unit. (M,) ADIfTION OR UNCIVATION- , means the effort by an impartial third party to assist is reconciling a dispute regaxding Wagesw hours and othar terms and conditions of emplayront between rSPre;0at4QVaS Of the public agency and t& reoognized emploype organization or recogniz6d employc� organizations through interpretation, suggestion and advioe. (N.) 1,ES �UiD CQNFi�R 11,' GOOD FAITh "- (sometimes reforred to herain an "meet and confer" or Waning and conferring") means per- formance by duly authorized City representatives and duly authorized representative5 of an imployee organization recognized as the majonty representative of their mutval abligatJon to meet at reason,ble timas and to confor in good faith regarding matters within the scop; of representation., including but not 10 ted to wajes, and other term,5 and conditions of employment, in an effort to; (1) reach agreement oa those matters within the authority of 4unh repre- zonbatives, and (2) reu& on wliat will be recommended to the City Counoil an Was maiturn within the decision- -4- makIng authority of the City Council. This does not require either party to agree to a proposal or to make a conoe5sion. (0.) MUNICIPAL EMPLOYET RELATICNS OFFICER --means the City's principal repreventativo in Al matters of employer- employee relations designated pursuant to Section 12, or his duly authorized representative,, Q PIACO OFFICER -as this term Is defined in Section 630, California Penal Code (Q) RECOGNIZED &PLOYES ORGANIZATIONS --means an employee organization which W been acknowledged by the Municipal Employee Ralations Wficer as an employee organization that represents employees -of the Cityo The rights accompanying recognition are ejthera (1) Formal Recognition--whioh is the right to meet aqd confer in good faith as the vAjority representative in an appropriate urut; or (2) Informal Recognition --which is the right to caqsultation in good faith by all recognized employee organizations. (R.) RESOLUTION --means, unless the context indicates otherwlse,,, the Wyloyer-Employee Relations Resolution of the City of Lodi (L) SAFT OF RIPMENTATIT--neans all matters relating to amployDent conditions and employer-employee relations, including, but noG limited to, wages, hour3, and other terms and conditions of employirent, City Hights (Section 5) are excluded from the scope of representation, SECTioN 4 EM 4Y1,1RIGHTS Employees of the Cjty Shall have tbe right to acne.., Join and participate in the activities of employee organizations of their own dioDsing for the purpose of representation on all matters of employer-,ertploye-& relations includings, but not limited to wages,, hours,, and cther terms: and canditions of employment, Employees of the City also shall ,,ave the righL L,o refuse to join or participate in the activities of employee organizations and shall have the rig4t to represent themselves individually in their employme"t relations with the Git7. No employee shall be interfered withq intimidated., restrained-, coerced or discr4dnated agaimst by the City or by qLny employee organization bee-ause of his exercise of these rights. SECTION 5, CITY RIGHTS (A,,) The rights of the City inclucle,, but are not limited to the exclusive rights. to determine the mi,65ion of its constituent department4,, commissions grad boards,, -,p bet stapdu-dg of service; to determine tib procedures and standards of ael�,cion for em.plQyrent; to direct its employee; to maintAin .the efficienoy of governmen-tal operationsi to determine the methods,, means and personnel V which government operations are to be conducted; to take all rwcessaxy actions to carry out Its mlssuon in emargencies, and tb exercise complata control and discretion and the technology of performing its work. (BJ Ci SF,C TION 6. MMT IM C014FZR IN 0000 FAITH—SCOF9 (A.) The Qity, tI,,rough its rapreentat:ivezi, shall w�eet auA confer in good faith with revreaantativo� of formally recognized Employee organization& with majority representation rights regarding matters within the scope of representa- tion including wages,9 an -urs and other terms and candition3 of employment Within the appropriate unit. (B.) Ttt� C -".y shall not to requiAred to meet and confer in good faith on any subject pre�mpted by Federal Qr State law,,,nc-r shall it be required t9 meet and confer in good fa,th ren Employoe or City Right$ as defined in Sections 4 an4 5. Proposed ame;ndments to this Resolution ares exclude;d from the scope of meeting and t,onferringq but are subject to consultation in good faithy 95=103 7 - CONSULTATION IN-GOCU, FAITH—SCOM All matters affecting employer-employee relations,, including those that are not subjfict to meeting and conferring,, are aubj. ct to consultation, The ity$ throlagh it9 representativesi, 5hall consult it good faith with representAtives of �:Il recogniz,eA aii.ployt:o ocgafilzatloris on araployer-en.plt)yea ralatIons miatters which affect them, Wbenever possible, and oonsistent with the good faith intent of this resolutio% advance notice shall. W given. SECTION 8. ADVANICE NOTICE Reasonable written notice shall, be given to each recognized employee organization sffecnted by any ardInance, rule, resolution or regulation direct� r*lating to matters within the, scope of representation proposed to be adopted by the City Council or by any board or co=dasion of the City� and each such employee arganIzation shall be given the opportunity to meet with such body prior to adoption, In bases of eniergenoy when the City or any board or commission of the C-ity determint-s that an ordinance., rule,, resolution or regulaLloa must be adopted IDuaediately without prior roti oa of meeting with a recognized employee -7- ort; anizationo the City or the board of Qornizsion of the City shall provide such V potice and opportunity to meet at tha earliest practicable time following W adoptiva of such ardinappeo rule, iesolation or regnIation, Any 5unh ordinynca,, rulop resolution or regulation aXkcting matters vithin the scope of ropresen- tation aq herein defined is 5ubjaot to th6 went and coni er proqesa as herein define SECTIO! 9 F&ITION FOUR RECOGNITICS There are two levels of employno arganiMian jaQognition— formal ynd Worpal, The recognition requiramonts of each are sot forth below, (AJ FORMAL REGOUTTION—THI RIGHT TO WHPT AND CONFER JJ'J GOOD FAITH AS tUJORITY I'LEFRESSITATIVU An emplayea organisawn that seeks formal raeog4i- Hop for purpoaey of meoting and conferring in good faith as the majority repre- aentative of employeas in an appropriate unit shall file a petition uith the yonicipal 4mplayee Relations Officar containigg the followiny information and doowwntatibn,. W Name and address of We amployes organization. . (2) Names and titles of its officers� (3) Names of eAployea organization representatiYos who are ' authorized to speak on behalf of its members. statoment chat t1le employe organization has, as one of U5 primary purposesq representing employees in their employment relatioas with the City� 0)� r' A sta-taiwnt whether tha employae organization is a chapter or local of, or affiliated dIxectly or indirectly in any manner Whq a regional or state,, or national or interngtional organization, aad, if soo the name a5d address of each such regional,, state or international organization. -8- -T) Certified copies of the employee arganization"a constitution and by"law5- (7) A deli gnatAon of those parsons pot excsading two in numbeq, and Weir addresses, to whap notice sent Q regular United States mail will be deemed siifftc�ieryb roti-ce On the employee organization for any pvPpos*o (8) A statemeAt that the employee organization recognizes the pro- visions of Section 3509 of the Govornzann Cods. (9) A statement that the employee organization has no restrict4on on vey4srship based an, race, color, creed, sex or national k or! gQ. (10) Th& job classifications or titles of employees in the unit A41mad to be appropriate and the approximate number of member employ;es therein. X statement that the employee organization has in its po5aesslon written proof, dated within six months of the date upon vh0h the p6titich Is filed, to establish that employees in the unit claimed to be appropriate have designated the employee organization to rapresanL them in their employment ralati=5 with the City® Such wit ten proof shall be submitted for confirmation to the Municipal Imployee Relations Officer or to a mutually agreed upon Win- terested third party� (12) A requeN $bat the Municipal Employee Relations Officer recognize the employee organization as the majority representative of the erVloyees in the uRit claimed to be appropriate for the purpose of meeting aDd conferring in good faith on all matters within the scope of repre5entatioA,, -9- good faith 5hall fl -16 a paution with the Municipal Employee R'.�I-ations Officer containing the fo11,-,w1Tx& jlLfomatiori and doc,urw�ntat-'-Jon,s (1) 43-1 of the information enwierated in IA.) (1.) thro-ugh (9) of this Section IncIvsive.. (2). A. statem6nthat t] -U ' he amployec. Drganizatiwi has in it possas.5ion lwri�ten pro,:XE.. dated within S -IX M%jnths of tl)ia date, upon whioh the Petition is filed, to establish that employees have de��ig- nated tha employee,, :�rZanizatiora to represerzt in thoir em,ployrf,en" relati�,Tlz> with the City. �ucdt wri'rt�n proof shill b�.3ubac'Ltted fcr coafi-.-matlon to th5 1,11unicipal E�mployeeq Rc-lations Officer or to a mutu4ly agrfit:;d V-pon d 2-�;l nta rested thard oart,yo (3) A, requestthat the Mwa,-5:4pal Employee R,�Ja!i I ",ris Of f icor —e cmployt� orgaruzation fur the p-orp().ie of C -on - in good faith,, (CU) Tha p5Liti.on,, inQluding all accompanying d,:xumants shall be be verLCied, in affidav-it form, by the Executive Officer and Secretary of the organization that the staterasnts are true, All c-han,gGs in such in -formation shall be filsd forthwith in like, marm€,-r. Thc- Mnnlcipal Employee Relations Officer shall grailt recogni- tion., in writaxig,, to all employea^.xganization5 who have crw�plied with either_ Sections 9 or (B.) and,' Iii additipnq Section 9 (C.) for purposes of con- sultation in good faith fo.v its m�mbexs. Employee organizatioris seeking .formal rec:qgmition as majority representative in additinn, astablinh to the satisfaction of the MuTdcipal Employee RelatioriB Of fjc�x that, It -10- (B,) INJi'ORMA!, M�COGNITION-4iiS RIGHT TO ,,0NSULT IN GOOD FAITH,, Ln hat beeks fx;r pllrp' Scs '-X in good faith 5hall fl -16 a paution with the Municipal Employee R'.�I-ations Officer containing the fo11,-,w1Tx& jlLfomatiori and doc,urw�ntat-'-Jon,s (1) 43-1 of the information enwierated in IA.) (1.) thro-ugh (9) of this Section IncIvsive.. (2). A. statem6nthat t] -U ' he amployec. Drganizatiwi has in it possas.5ion lwri�ten pro,:XE.. dated within S -IX M%jnths of tl)ia date, upon whioh the Petition is filed, to establish that employees have de��ig- nated tha employee,, :�rZanizatiora to represerzt in thoir em,ployrf,en" relati�,Tlz> with the City. �ucdt wri'rt�n proof shill b�.3ubac'Ltted fcr coafi-.-matlon to th5 1,11unicipal E�mployeeq Rc-lations Officer or to a mutu4ly agrfit:;d V-pon d 2-�;l nta rested thard oart,yo (3) A, requestthat the Mwa,-5:4pal Employee R,�Ja!i I ",ris Of f icor —e cmployt� orgaruzation fur the p-orp().ie of C -on - in good faith,, (CU) Tha p5Liti.on,, inQluding all accompanying d,:xumants shall be be verLCied, in affidav-it form, by the Executive Officer and Secretary of the organization that the staterasnts are true, All c-han,gGs in such in -formation shall be filsd forthwith in like, marm€,-r. Thc- Mnnlcipal Employee Relations Officer shall grailt recogni- tion., in writaxig,, to all employea^.xganization5 who have crw�plied with either_ Sections 9 or (B.) and,' Iii additipnq Section 9 (C.) for purposes of con- sultation in good faith fo.v its m�mbexs. Employee organizatioris seeking .formal rec:qgmition as majority representative in additinn, astablinh to the satisfaction of the MuTdcipal Employee RelatioriB Of fjc�x that, It -10- represents a mjority of the employees In the mariner prescribed in Section 11 ow. (,k,, ) be 1, No employee may be represented by more than onc, zerognized employee organization for the pvrposes of this Resolutiono SECTION 10P APPROPRIATS UNIT (A.) The Yluaicial Employes Rrslation5 Officerp after reviewing t1le petition filed by an employee organization seeking formal r5f,-ognition as majority represent ative� shall datermi-ne whether the proposed unit is an appropriate unit, The principal c-fiterion in piaking thi.s deterrA,qation is -vfhether there is a co==ty of interest among such employees. The folloWing factoraq among others, are to be con.9idered in making such determination; (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this Resolution. (2) The history of ernployee relationsi (i) iri the, unit(ii) among f other empToyeea of the City- and (iii) in similar public employmant. (3) The effect of the -unit on the efficient operation of the City and sound employer-employee relations® (4)' The extent to which employees have ccmon working conditions, job dative, or siriu,lar educat#onaj requirements. (5) The effect on the exiating clasgifioation structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in the propcsed -up-it have or-anized , 0 (B.) In the eatablishment of appropriatr-, un:Itz3.9 (1) professional employees Shall not, be denied the x1ght To be -represented separately from non-professional employees; and (2) management and con:. mtial employees who are inclv J in the same unit with non -management or non- confidential employees may not represent such employees on matters within the scope of representation. (C. ) The Employee Relations Officer shall, after notice to and con- sultation with affected en)ployee organizations, allocate new classifications or positions; delineate eliminated classifications or positions; designate management and confidential employees; and retaix, reallocate or delete modified classifications and positions for units in accordance with the provisions of this section. SECTION 11. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY REPRESENTATIVE -FORM -AL RECOGNITION (A,) The Municipal 1-,mployee Relations Officer shall-, (1) Determine the majority -representative of City employees in an appropriate unit by arral-Iging for a secret ballot election or by an other reasonable method which is based upon written proof, and is designed to ascertain the free chQice of a majority of such employees. The employee organization found to represent a majority of the employees in an approp- riate unit shall be granted fort -nal recognition and is the only- employee nly employee organization entitled to meet and confer in good faith on matters within the scope of representation for em- ployees in such unit. This shall not preclude other recognized employee organizations, or individual employees, from con- sulting with management representatives on employe F- employee relations matters of concern to them. -1Z- (?,) Rev• the recognition rights of a m; rity representative whish has been found by secret ballot election no longer to be the Majority representative. (I3a ) The recognition rights of the majority representative designated in accordance with this Section shall not be subject to challenge for a period of twelve (12) months following the date of such recognition. SECTION I.Z. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER The City Manager is hereby designated as the Municipal Tmployee Relations Officer who 4iha.11 be the City's principal representative in all mz ktters of employer- employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wakes, Fours aged other terms and .conditions of employrnent. The Municipal F�mpi.oyee Relations Officer , cq designated is authorized tq delegate these duties and responsibilities, - SECTION 13. RESOLUTION OF IMPASSES Impasse procedures may be invoked only alter the possibility of settle- ment by direct discussion has been exhausted. The alternative impasse procedures are-, (A, ) MEDIATION (OR CONCILIATION) (Defined in Section 3-M)r Al! mediation proceedings shall be private, The Mediator shall make no public recor11' enda.tions nor take any public position concerning the issues, (B. ) A DETLRM NATION BY THE CITY COUNCIL ---after a hearing on the merits of the dispute. (C. ) Any other dispute resolving procedures to which the parties mutually agree, Any party may initiate the impasse procedure: by filing with the other party (or parties) affected a written request to invoke said procedure within ® l3_ twenty-Qne days afte . ceaching impasse together wit' 4taternent of its position on ajl,dispiifed issues. An impasse meeting shall then be scheduled by the Muniripal Employee Relations Officer within ten days after the date o� 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 ?L final effort to reach 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 he referred to the City Council. 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, SECTION 14. GRIEVANCES (A, ) A grievance is any dispute concerning the interpretation qr application of this Resolution, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City decision on wages, hours and other terms and conditions of erpployrnent. (B. ) Grievancoq shall bQ, processed in accordance with procedures established by the City. SECTION 15, MEMORANDUM OF UNDERSTANDING When the meeting and conferring process is concluded between the City and a formally recognized employee organization representing a majority of the wrn ployee,- in an appropriate unit, all agreed upon matters shall be incorporated in a written i-nernorandum of understanding signed by the duly authorized City and majority representatives. A� to those matters within the authority of the City Council, the memor- andurn of understanding shall be submitted to the City Council for determination. SECTION 16. PROHIBITED PRACTICE If either City Management representatives or the representatives of an e,--nployee organization, or its members, engage in prohibited practice, a formal charge of prohibited practice may be filed by the aggrieved party, invoking the _14- impasse mpasse procedure outlined jr. Section 13 of UAs 11thi5 ftesol lution provides a sova-id and rea:3 onablc, raeLhod of obtaini.ng �mploy er -employe. e agreemz ,-nts and setLlemerZ of u.sputes,, it shall be a prohibited practico for City 11tanagement employaeaq as defined in Section 3 of this Rebolutiong or for management representatives,, or the representatives of an employee organization or any employea member of an 'Organ'l.zation to attempt. to by-pass th6 orderly employer--amployee relati,ons procedures and meet and confer and/,-ir aoy�sultlng machinery set up in this Resolution. Nothing in this Section shall be construed., (a) to inmerfere with or prevent the City Manager from pursuing bis normal duty of appearing befare the Council and presenting re c DifuTend -at ions to the Council., including recomnenda- tions on Employee Relations matters; (b) to interfere with the righT. of the City Council. to hold executive sessions with its dasi6gnatad representatives prior to and during cor-=ltatians and discussions with representatives of arTloyee organizatibns as provided in Goverrunent Code Sections 111.26 and 54957�6; (0) ICI.o deprive an of r, -,;s irdividual rights assa citizen. SECTION 17. RUU,S MD REGULATIONS The C-Ity Council may adopt such Rules and Regulations necessary or conveni_ent to implement the proviaions of this Resolution and Chapter 10, Division 4 Title I of the-Goverraient Code of the State of California (Sections 35000 et seq.) Such rules and regulations shall be corisistcnt with this resolution and the aforenk-_ntioned Government Code saotions. SECTION 18,, CONSTRUCTION (A�) Notiiing in this Resoluticxn shall be construed to deny uiy person or amployee the rights granted by Federal and State laws and City Ordinance (B.) The rights, powers and authority of the City Council in all mutts-,rs.,, inclu4_ing the right to maintain any legal acticn., shall not, be modified _15- or restrictedby-this Resolutjon. (C.) The provisions of this Resolution are not intended to conflict with the provisions of Chapter 10, Division 4, Title I of the Government Code of the State of California (Sections 3500 et seq. ) as amended in 1968. SECTION 19. SEPARABILITY If any provision of this Resolution, or the application of such pro- vision to any person or circumstance, shall be held invalid, the remainder of this Revolution, or the application of such provision to persons or cir- cumstances other than those as to which it is held invalid, shall not be affected thereby. BE IT FURTHER RESOLVED that Resolution No. 3312 and all other resolutions in conflict herewith are hereby repealed to the extent of any duplication or insofar as such conflict may exist. Dated: November 17, 1970' I hereby certify that Resolution 4291 was passed and adopted by the City Council of the City of Lodi in regular meeting field November 17, 1976 by the following vote: Ayes- Councilmen - EHRHARDT, KATNICH, KATZAKIAN, PINKERTON and HUGHES Noes: Councilmen - None Abaeixt: Councilmen - None ES 13.esc OEDER' putt' City Clerk