Chapter 2.45
POLICE DEPARTMENT*
Sections:
Article I. Meet and Confer
2.45.030 Meeting and conferring.
2.45.040 Miscellaneous provisions.
Article II. Administration Rules and Fees
2.45.050 Administrative rules and fees.
* Note: This chapter was adopted by initiative pursuant to ARS 19-141, and may be repealed or amended only as provided by Article IV, Part 1, Section 1 of the Arizona Constitution.
Article I. Meet and Confer
2.45.010 Purpose.
A. The citizens of Sahuarita have a fundamental interest in the development of harmonious and cooperative relations between town management, elected officials, administrators and public safety employees of the town.
B. Public safety employees have the fundamental right to organize, and full communication between public employers and public safety employees can alleviate various forms of strife and unrest.
C. The town, its public safety employees and employee organizations have a basic obligation to the public to assure the orderly and continuous operations and functions of government.
D. Strikes, work stoppages, slowdowns and other concerted efforts designed to disrupt town services are contrary to the public good and are strictly prohibited. Participation in such efforts may be grounds for termination.
E. It is the purpose of this article to obligate the town management, public safety employees and their representatives, acting within the framework of the law, to enter into discussions with affirmative willingness to resolve issues, grievances, and disputes relating to working conditions, wages, benefits and hours of work. It is also the purpose of this article to promote harmonious employer-employee relations by providing a uniform basis for recognizing the right of public safety employees to join, or refrain from joining, an organization of their own choice. Also, it is their right to be exclusively represented by such organization in their dealings with the town in accordance with the provisions of this article. Additionally, this article provides that the results of agreements between the employer and its employees shall be drafted into written memorandums of understanding. [Ord. 2016-111 § 2.]
2.45.020 Employee groups.
A. There shall be one group within the town of Sahuarita. It shall include:
1. Police officers in all classifications (with the exception of the chief of police); civilian employees assigned to, supervised by, or otherwise under the control of the police department including, but not limited to, dispatchers, record clerks, evidence clerks, parking control officers, and secretaries.
B. In the event that only one employee organization is seeking to represent an employee group, then authorized representation of an employee group shall be determined by the presentation of a petition by an employee organization to the town manager containing the signatures of at least 50 percent plus one of the employees in the above designated group. The petition shall designate the employee group and the employee organization designated to represent those employees. Upon verification of the signatures, the town manager shall designate the named employee organization as the official and exclusive employee organization for representation purposes provided for by this article. The designated employee organization shall have the right to biweekly or monthly deductions of dues if approved by the employees of said organization.
C. In the event that there is more than one employee organization that is seeking to represent an employee group, and such employee organizations present a petition containing at least 30 percent of the employees in the employee group and requesting to be designated to represent employees, then the town shall call an election, to be supervised by the League of Women Voters or other similar independent party, between the two or more employee organizations. The employee organization that receives 50 percent plus one of the votes cast shall be the designated representative.
D. Within 90 days prior to the termination of a memorandum of understanding, an employee organization other than the one then designated to represent employees in the group may present a petition containing at least 30 percent of the employees in the designated group requesting to be designated to represent employees in that group. The town shall call an election at the earliest practicable time to be supervised by the League of Women Voters or other similar independent party, between the current designated employee organization and the organization requesting to be designated. The employee organization that receives 50 percent plus one vote shall be the designated representative. [Ord. 2016-111 § 2.]
2.45.030 Meeting and conferring.
A. An employee organization that has been designated by the town manager as the official and exclusive employee organization for representation purposes shall submit a proposal to the town manager relating to wages, benefits, hours, safety regulations and other working conditions, by December 1st of each year.
B. Upon receiving a proposal from a designated employee organization, the town manager shall submit a written response to the proposal to the employee organization within 30 days.
C. Within 30 days from the receipt of the town manager’s response, representatives of the employee organization and the town manager, as determined by said employee organization, shall begin “meeting and conferring” at mutually agreed-upon locations and times, for the purpose of entering into a written memorandum of understanding relating to the proposal regarding working conditions, wages, benefits and hours. Meetings shall be at least three hours in duration, unless mutually agreed otherwise. Meetings shall take place weekly until an agreement is reached, or impasse is declared. Time spent by employee organization representatives in pursuit of a memorandum of understanding shall be counted as hours worked.
D. The town manager, or his/her designated representative, and the representative of the employee organization shall initial all areas of agreement. Any final agreement reached by the town manager and the employee organization shall be in writing and signed by the authorized persons.
E. Those areas that were not agreed to shall be outlined as areas in dispute. If agreement has not been reached by April 30th, a federal mediator will be requested. The town manager, the employee representatives, and the federal mediator will meet as often as necessary to reach an agreement.
F. If an agreement still has not been reached by May 31st, a fact-finder will be requested from the Federal Mediation and Conciliation Service. Standard rules will be utilized in the selection of a fact-finder and the use of the fact-finding process. However, selection of the fact-finder shall be limited to residents of Arizona.
G. All issues not previously agreed to will be submitted to the fact-finder for resolution. On or before June 30th all areas of agreement, as well as those areas in dispute and still under consideration, and the recommendations of the fact-finder, shall be submitted to the mayor and council for their consideration. The mayor and council may accept, reject or modify those areas of agreement. The mayor and council may also take whatever actions they feel appropriate with regard to those areas in dispute. Final action by the mayor and council shall constitute the memorandum of understanding for the following fiscal year(s). A memorandum of understanding shall not be longer than two years.
H. All time limits in this section may be waived by mutual agreement of the town manager and employee organization. [Ord. 2016-111 § 2.]
2.45.040 Miscellaneous provisions.
A. So long as a member of the police officer group covered by this article is not on duty or in uniform, the police officer group member employee may take an active part in any other person’s political campaign for any elective position. The term “active part” means making a political speech, distributing cards or other political literature, writing a letter, signing or circulating a petition, actively and openly soliciting votes or making public remarks for or against any political candidate for any elective position.
B. A memorandum of understanding negotiated by the town and a designated employee organization shall include a grievance procedure to be used for the settlement of disputes pertaining to the enforcement, interpretation or application of the terms and conditions of the memorandum of understanding. The grievance procedure shall provide for a final and binding determination independent of a management representative of the town. The town and the employee organization may agree to a third-party neutral hearing officer, arbitrator, citizen grievance committee or superior court to review and make a final and binding determination of the grievance. If the town and employee organization cannot agree on the form of final and binding determination, then the agreement shall provide for the superior court to review and make a final and binding determination of the grievance. Further disciplinary or corrective action may only be taken against a police officer bargaining unit member for just cause.
C. Upon adoption of the ordinance codified in this article and thereafter completion of the procedures for selection of an employee organization in STC 2.45.020, any time limits set forth in STC 2.45.030 with respect to submission of proposals by the employee organization, responses by the town manager, dates for meeting and conferring, and dates for mediation and fact-finding shall be waived for the purposes of the initial meeting and conferring, and the initial memorandum of understanding. Upon adoption of the ordinance codified in this article and thereafter completion of the procedures for selection of an employee organization in STC 2.45.020, the town manager and designated employee organization shall forthwith commence meeting and conferring as required by STC 2.45.030.
D. In the event that there is a dispute between the town manager and a designated employee organization interpretation, application or enforcement of any provision of this article, the following citizen resolution panel procedure shall be followed:
1. The town manager and designated employee organization shall each appoint one person who is a resident and registered voter of the town of Sahuarita within five days of the initiation of the dispute to serve as the applicable representative on a citizen resolution panel.
2. Within five days thereafter, the town and employee organization shall mutually agree on one person who is a resident and registered voter of the town of Sahuarita to serve as an independent representative to the citizen resolution panel.
3. Within 10 days thereafter, the citizen resolution panel shall convene and hear evidence presented by the town and designated employee organization concerning the dispute.
4. Within five days thereafter, the citizen resolution panel shall render a written decision concerning the dispute. This decision shall be final and binding subject to any judicial right of appeal.
E. In the event that any provision of this article is in conflict with Arizona State law, including the Arizona constitution, statutes or court decisions, then to the extent of the conflict Arizona State law shall prevail over this article. Any such conflict shall not impair the validity of all other provisions herein not in conflict with Arizona State law.
F. This article may be amended, changed or altered only by submission of the amendment, change or alteration directly to the registered voters of the town of Sahuarita. [Ord. 2016-111 § 2.]
Article II. Administrative Rules and Fees
2.45.050 Administrative rules and fees.
Notwithstanding other provisions of this code, the chief of police is empowered to adopt rules, procedures, and fees, from time to time. This article is intended to apply to procedures and fees for police services and other administrative activities of the police department, including copies of reports, tapes and photos, fingerprinting, records checks, administrative towing fees, and similar administrative activities. [Ord. 2016-111 § 2.]