§ 3.70.090. Collective bargaining.

A.

After determination of the appropriate bargaining unit and bargaining representative in accordance with the provisions of this chapter and subject to the other provisions of this chapter, the mayor's authorized negotiation team shall enter into negotiations with the bargaining representative of the employee unit in a timely fashion, not to exceed 30 days after certification by the board, concerning the wages, hours and other terms and conditions of employment.

1.

Notwithstanding anything to the contrary contained in this title, substance abuse testing and all issues and other matters related to or affecting such testing shall not be subject to collective bargaining under this chapter, provided however, nothing in this subsection shall prohibit employee grievance and arbitration of discipline and/or discharge pursuant to substance abuse testing policy and procedures.

2.

In all collective bargaining, the team of representatives authorized to negotiate on behalf of the municipality shall include an attorney and a representative of the chief fiscal officer.

B.

Negotiating sessions shall be private unless otherwise agreed to by the parties; however, the parties to the negotiations shall periodically report to the assembly as specified by the assembly but not less than once every 30 days. Such reports may be made public by the assembly when deemed appropriate.

C.

Collective bargaining shall commence at least 90 days prior to the contract expiration date. If neither party initiates collective bargaining prior to that time, the current contract shall be extended for an additional year.

D.

The assembly shall set general labor relations policy and direction for contract negotiations.

1.

For contracts being reopened or expiring, the office of the mayor shall notify the assembly of impending collective bargaining at least 30 to 45 days before the commencement of collective bargaining in order to allow assembly action on policy and directions for contract negotiations.

2.

The assembly shall be notified by the office of the mayor when negotiations commence.

a.

The mayor and the affected labor organization or employee group shall both keep the assembly apprised of the course of negotiations as set forth in subsection B of this section.

b.

After negotiations commence, neither party to the negotiations shall communicate with the assembly or any of its members concerning the negotiations except through the periodic reporting process described in this section.

3.

When collective bargaining results in an agreement requiring assembly approval under 3.70.130:

a.

An Assembly Memorandum summarizing the contract changes shall accompany the proposed agreement.

b.

A summary of economic effects, including wages and benefits cost (example: health, retirement) and private sector impact, substantiated by financial reviews prepared by the CFO and the internal auditor shall accompany the proposed agreement.

c.

The Assembly shall have a 28-day period for public review and comment on the labor agreement terms and conditions, summary of economic effects, and contract changes, before action by the assembly.

E.

Upon agreement of both parties, collective bargaining may be undertaken at any time.

F.

Subsections A through E of this section are subject to the limitations of section 3.70.140.

(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 98-5(S), § 1, 2-10-98; AO No. 2009-27(S), § 1, 4-14-09; AO No. 2014-145 , § 1, 12-2-14)