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HomeMy WebLinkAbout2010-138 RESOLUTION NO. 2010-138 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECOGNIZING THE SAN BERNARDINO CITY FIRE MANAGEMENT ASSOCIATION AS THE MAJORITY REPRESENTATIVE FOR THE FIRE MANAGEMENT UNIT 3 4 5 WHEREAS, the City of San Bernardino received a Petition for Recognition from the 6 San Bernardino City Fire Management Association of the City of San Bernardino requesting that 7 the Mayor and Common Council recognize the San Bernardino City Fire Management 8 Association as a separate bargaining unit to negotiate terms and conditions of employment for 9 unit members with the City; and 10 WHEREAS, in accordance with the City's Employer/Employee Relations policy as set 11 12 forth in Resolution Nos. 10584 and 10585, the subject Petition for Recognition has been found 13 by the designated City Representative to be in compliance with Section 9(A) of Resolution No. t4 10584 and the proposed unit is an appropriate unit; and 15 WHEREAS, the designated City Representative has given notice of such request for 16 formal recognition to the employees in the unit and took no action on said request for 30 days 17 thereafter; and 18 WHEREAS, no other employee organization is seeking formal recognition in an 19 overlapping unit; and 20 WHEREAS, the written proof submitted by the San Bernardino City Fire Management 21 Association establishes that it represents more than 50% of the employees in the proposed unit; 22 and 23 24 WHEREAS, the City is bringing forward this resolution to formally recognize the San 25 Bernardino City Fire Management Association in accordance with applicable statutes and City policy; 2010-138 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECOGNIZING THE SAN BERNARDINO CITY FIRE 2 MANAGEMENT ASSOCIATION AS THE MAJORITY REPRESENTATIVE FOR THE FIRE MANAGEMENT UNIT 3 4 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The City hereby finds that the Petition for Recognjtion is in compliance 7 with the requirements for such petition and that the proposed unit, comprised solely of full-time 8 fire management personnel in the P-5 classifications, is an appropriate unit. 9 SECTION 2. The City hereby formally recognizes the San Bernardino City Fire 10 Management Association, consisting of the classifications set forth in Section 1 of this tl Resolution, as the majority representative of the employees in such bargaining unit for purposes t2 13 of representing them in their employment relations with the City. t4 /1/ 15 //1 16 /II 17 /1/ 18 /1/ 19 //1 20 /II 21 /1/ 22 /1/ 23 /1/ 24 //1 25 2 2010-138 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECOGNIZING THE SAN BERNARDINO CITY FIRE 2 MANAGEMENT ASSOCIATION AS THE MAJORITY REPRESENTATIVE FOR THE FIRE MANAGEMENT UNIT 3 4 I HEREBY CERTIFY that the foregoing Resolution was du1y adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular ~*k,~.C~ The foregoing Resolution is hereby approved this &::) ~ of June, 2010. 6 held on the 7th day of 7 COUNCILMEMBERS: 8 MARQUEZ DESJARDINS BRINKER SHORRETT KELLEY JOHNSON MC CAMMACK 9 10 tl t2 13 14 15 ]6 ]7 18 ] 9 Approved as to form: 20 JAMES F. PENMAN, City Attorney 2] 22 23 24 25 meeting thereof, June , 20 I 0, by the following vote, to wit: AYES NA YES ABSTAIN ABSENT x x x x x x x lIR\~Ltlda 11i.'11l:";: RC'Ill,l-in: \lg1111 f{....Lng.:;-3-1().d~)L\ 3 2010-138 PETITION FOR RECOGNITION San Bernardino City Fire Management Association (FMA) 2010-138 Ms. Linn Livingston Director of Personnel 300 North "D" St San Bernardino CA 92401 THE FIRE SAFETY MANAGEMENT ASSOCIATION OF THE CITY OF SAN BERNARDINO PETITION FOR FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE OF FIRE SAFETY EMPLOYEES IN THE CLASSIFICATIONS OF, P-5 PURSUANT TO GOVERNMENT CODE SECTIONS 3501(B), STATES, 1968c. 1390 SECTION 2, TO REPRESENT THE FIRE SAFETY MANAGEMENT EMPLOYEES OF THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTIONS 3503 AND 3504. The Fire Manager's Association of the City of San Bernardino (hereinafter San Bernardino City Fire Management Association - FMA) hereby requests formal recognition by the Mayor and Common Council of the City of San Bernardino as the majority representative entitled to represent the Fire safety management employees of the City of San Bernardino, as defined in the Employer/Employee Relations Resolution No. 10584 and 10585, with their employer, the City of San Bernardino, in all matters relating to employment conditions and employer/employee relations, including but not limited to, wages, hours, and other terms and conditions of employment pursuant to the provisions of Government Code Sections 3503 and 3504. The Fire Management's Association will have as members the majority of the Fire safety management employees of the City of San Bernardino, and said employees have pursuant to law duly authorized said Association (FMA) to represent them in all of their relations with said City pursuant to the provisions of the Meyer-Milias-Brown Act. That said Association's representation of Fire safety management employees will ensure the fullest freedom of the exercise of the rights guaranteed the employees pursuant to the Government code and that the history of employee relations within said City justifies the formal recognition of the Association (FMA) as the majority representative of all the Fire safety management employees based upon the City's past experience and the general history of labor relations. That said recognition will promote the continued, efficient operation of the City of San Bernardino. The following information is furnished to the Director of Personnel for the purpose of determining whether or not to accord formal recognition of said Association (FMA) as requested: 1. The name and address of the Association is: San Bernardino City Fire Management Association (FMA), 200 E. Third Street San Bernardino, CA 92410 2010-138 2. The names and titles of its officers are: Denis Moon, President Doug Dupree, Vice President Eric Esquivel, Secretary/Treasurer 3. The authorized representatives of said Association (FMA) are: Denis Moon, President Doug Dupree, Vice President Eric Esquivel, Secretary/Treasurer 4. Said Association (FMA) has as one of its primary purposes; the representation of Fire safety management employees in their employment relations with the City of San Bernardino. 5. Said Association (FMA) is affiliated with The Western Fire Chiefs Association. 6. Certified copies of the Association's (FMA) By-Laws have been furnished to the City and additional certified copies will be available to the City upon request. 7. Notice served upon Association (FMA) Denis Moon, President Eric Esquivel, Secretary/Treasurer, will be deemed sufficient notice on the employee organization for any purpose. Local address for notice: 200 E. Third Street, San Bernardino, CA 92410 8. Association (FMA) recognizes that the provisions of Section 923 of the Labor Code are not applicable to municipal employees. 9. Said Association (FMA) has no restriction on its membership based upon the race, color, creed, sex, national origin, or job classification other than that stated in the By-Laws. 10. The Association (FMA) has a present membership amounting to a majority of the Fire safety management employees of said City. The following job titles are included in the unit: 1 Fire Battalion Chief 2 Fire Division Chief 3 Administrative Fire Battalion Chief 11. The Association (FMA) has in its possession written proof, dated within six months of the date upon which this petition is filed, to establish that the Fire Management Association (FMA) of the City of San Bernardino has designated the Association (FMA) to represent them in their employment relations with the City. The Association (FMA) hereby offers to submit written proof of such 2010-138 representation for confirmation to the Director of Personnel for the City of San Bernardino. 12. Petitioner hereby requests that the Mayor and Common Council of the City of San Bernardino formally recognize the Fire Management Association of the City of San Bernardino as the majority representative of all the Fire safety management employees of the City of San Bernardino for the purpose of meeting and conferring in good faith on all matters within the scope of representation. Dated this 8th day of March, 2010. Fire Management Association of the City of San Bernardino Denis Moon, President fj~ I hereby declare, under penalty of perjury, that the statements contained in this petition are true and correct to the best of my knowledge and that this verification was executed on the 25th day of January 2010. Eric Esquivel, SecretaryfTreasurer ~2 2010-138 Date: January 25,2010 We, the undersigned, wish to petition the Mayor and Common Council of the City of San Bernardino to be recognized as a Safety Management Unit and further, to be excluded from those employees represented by the City Management Association (CMA). DoSg~7p~ro';~n Chief ALl -AC- Michael Alder, Division Chief Z~ George Avery, Battalion Chief p,kJ _QcJ 0fr~~44?~ Tom Hannemann, Battalion Chief - 2010-138 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ___~~.~.~ ___._._._._.___.~.~.~ ~ _ _.~A____~~~~ personally appeared 6:.( na.rd; nO } bef~me, Sue- S-/-t.(d.H(~';;J"/NarJ.9f:!;r:..~;,,, Pu b I, "C. vcni S L. Noorl Name(s) of Signer(s) El"iC E-. CS9JU~v~J State of Californ ia County of .5A-N On 5/ d.O J tV Date' I._U___~ 179~;':1 I tIllMIyNllc. Call1MIIIa I .. ...1ICIfdII1O C-, - ,. ~..:.....Ftb'6.2ln2 J ------ - ---- ---- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrurnent and acknowledged to me that l:leIehe/they executed the same in I:li&IRer/their authorized capacity(ies), and that by AietIler/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature of Notary PubH OPTIONAL Though the information below is not required by Jaw; it may prove valuable to persons refying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:.<::;...." &("1'\0 r-oli Nn r:. ~. Documenl Date: t:) /19 / 10 , . fi ('C..- H,q.^~erntJlt Number of Pages: fksc Lie...{...j c y\ Bl.{-/<.Lw.:) Signer(s) Other Than Named Above: n () rvl...--- Capacity(ies) Claimed by Signer(s) Top of thumb here Signer's Name: o individual o Corporate Officer - Title(s): o Parlner - 0 Limited 0 General o Attorney in Facl o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Offic - Title(s): o Partner - imited 0 General o Attorne n Fact o Tr e o uardian or Conservator o Olher: Signer Is Representing: Sef~ RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here \,.. Signer is Representing: ~~~~Y~.~.~.~.~T~T~T~T_'_'_'_'_'_'_'_' _. @2007National Notary Association. 9350 De Soto Ave., P.O. Box 2402 .Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-80()..876-6827 2010-138 May 19,2010 Linn Livingston Human Resources 300 N. "D" Street San Bernardino CA 92418 The attached by-laws of the San Bernardino City Fire Management Association of the City of San Bernardino is a true and accurate copy as certified by the President and Secretary/Treasurer of the San Bernardino City Fire Management Association of the City of San Bernardino. a~~ Denis Moon, President San Bernardino City Fire Management Association of the City of San Bernardino Eric Es el, Secretary/Treasurer San Bernardino City Fire Management Association of the City of San Bernardino 2010-138 San Bernardino City Fire Management Association BY-LAWS 2010-138 CHAPTER 1 Name and Purpose Section I. Name - The name of this organization shall be the "San Bernardino City Fire Management Association". The Association is a voluntary, non-profit organization consisting of active Chief Officers of the San Bernardino Fire Department. Section II. Membership - Membership shall be open to management members of the Fire Department according to the following City Charter Section 186 classifications: P-5 (Battalion Chief and Division Chief) and or any person certified in the rank. Other than the above requirements, this organization shall have no restrictions on membership based on race, color, creed, sex or national origin. There shall be only two forms of membership, that of full dues paying, members and associate members. Associate members will pay the same rate as full members, but will not have voting rights and may participate in FMA meetings. Associate member's rights are limited. Section III. Organizational Objectives - The purpose of this organization shall be for the following reasons: A. To recognize the common needs and responsibilities of the City of San Bernardino Fire safety management personnel as distinct from other management personnel because of their respective specialties. B. To improve communications among the professional Fire safety management personnel in both formal and informal dialogue. C. To foster a team concept among the city's professional Fire safety management personnel for broader based and unified approaches to citywide goals, thereby achieving efficiency and effectiveness. D. To promote the professional image of the Fire safety management personnel within city government as well as the general public, and thereby enhance the total image of the city. 2010-138 E. To seek and promote educational and training opportunities to improve the skills and performance of the professional Fire safety management team in their public service roles, through in-house instruction and the use of outside resources. F. To assist in defining the requirements and responsibilities of the professional Fire safety management personnel, evaluating their performance and determining equitable and competitive compensation and benefits. G. To conduct programs concerning the delivery of public services and to provide a forum for the consideration of and solution to possible future public problems. H. Representation of its members in employment relations with the City of San Bernardino pursuant to California Government Code Section 3500 et seq. Which shall include but not be limited to: 1. Wages and benefits 2. Terms and conditions of employment 3. Grievance resolution 4. Limited legal defense of its members I. Interaction with the political body (elected officials) for social/educational purposes. 2010-138 Chapter 2 Executive Board Section IV. Executive Board - The Executive Board shall consist of a President, a Vice President and a Secretary/Treasurer, who shall be elected at-large from the membership and shall be the principal officers of the organization. A. President - The President shall be the chief executive officer of the organization and shall have direct supervisory responsibilities of the organization. In addition, the President may appoint members to committees as needed, and shall serve as ex-officio member of all committees. Subject to any exceptions contained herein, the President shall be the sole Association member authorized to communicate on behalf of and in the name of the Association, with any entities, whether they be partnerships, municipalities, boards, commissions, individuals, or other entities. The President can expressly delegate such authority to any member of the Association. Further, the President shall, when present, preside at all meetings of the Association, decide all questions of order, act as judge of and declare the results of all elections and direct other members of the Executive Board. B. Vice President - The Vice President shall serve in the absence of the President and shall perform other duties as directed by the President. The Vice President shall assume the Presidency if the Board seat of the President becomes vacant. This will ensure the most orderly continuation of Board business. C. Secretary/Treasurer - The Secretary/Treasurer shall be responsible for the minutes of all meetings and for the general upkeep of all records associated with the organization. In addition, the Secretary/Treasurer shall be responsible for the handling of all monies within the organization and shall keep concise and clear records of all revenues and expenditures of the organization. All expenditures by check will require the signature of the Secretary/Treasurer and one other principal officer. Section V. Executive Board Functions A. The Executive Board principal officers Secretary/T reasurer). will be composed of the three elected (President, Vice President and B. Quorum of the Executive Board - A majority of the Executive Board shall constitute a quorum for the transaction of business. 2010-138 C. Power of the Executive Board - Subject to the limitations of other sections of these by-laws and of California law, the Executive Board shall have the power to conduct, manage and control all business and affairs of the Association and to make rules and regulations that are consistent with these by-laws or California law. D. Meetings - Meetings of the Executive Board may be called at the request of the President or by two (2) other members of the Executive Board. E. Any Executive Board member who is absent for three (3) consecutive meetings, without first obtaining prior permission from the President may be removed from their respective office by a majority vote of the members of the Association. Section VI. Special Committees - The President shall have the power to appoint special committees for the purpose of carrying out functions of the Association as needed. Chairpersons of special committees will serve as non-voting members of the Executive Board during the term of their committee. 2010-138 CHAPTER 3 Voting Section VII. All active members in good standing shall have the right to vote, as set forth in these by-laws, on the election of directors and on any other issue requiring membership approval. Section VIII. Proxy Votes. A. Proxy votes may be cast by any regular member at any membership meeting when a member is prevented from attending said meeting. A letter must be signed by the absent member indicating to whom his/her proxy is assigned and for which meeting it may be voted. It must be presented to the Board member presiding over the meeting. The proxy expires at the close of the meeting for which the letter of authorization was granted. 2010-138 CHAPTER 4 Elections Section IX. Elections - The election of principal officers shall commence in December and term of office shall be for a two year period beginning in January. A. Election guidelines 1. Nominations of Executive Board members shall take place in November of odd numbered years. If nominated for more than one position, acceptance of only one position will be allowed. 2. Immediately after the agreed upon close of nominations, elections will take place in the following manner: a. An election committee will be established consisting of a chairperson and two (2) members from the Safety Management Association. b. Election will be by secret written ballot. c. In the event of a tie vote, the winner will be declared by a random drawing of names. d. In the event of only one candidate being nominated for a position; that candidate's appointment shall be made by acclamation. 3. In the event any position on the Board becomes vacant, it shall be filled by a special election within 30 calendar days following the above election guidelines. 2010-138 CHAPTER 5 Meetings Section XI. General Membership Meetings - General membership meetings will be held on a quarterly basis. A. Other than the quarterly general membership meetings, special meetings may be called by the President or by a majority of the Executive Board. B. Simple majority vote shall govern the affairs of this Association. In the event of a tie vote, the outcome will be determined by random drawing. C. Parliamentary Authority - Robert's Rules of Order (revised) in the latest edition shall govern the Association in all cases to which it can be applied and in which it is not inconsistent with the by-laws of this Association. 2010-138 CHAPTER 6 Dues Section XII. Each member must pay within the time and conditions set by the Board; the dues, fees, and assessments in amounts to be fixed from time to time by the Board and as specified by these By-Laws. Section XIII. Association dues as follows: A. Members shall pay each month association dues in the amount of $20.00 per month. B. Association dues do not include, any Legal Defense Fund or membership fees for affiliated organizations. C. All Association members should also be members of Western Fire Chiefs Association and other programs required by the Board. Section XIV. Non-payment of Association dues by any member will result in suspension of membership rights, including attendance at Association sponsored activities, programs and meetings. Section XV. Amendments to the By-Laws- These by-laws, or any amendments to the by-laws, Shall be in full force and effective immediately upon adoption by a majority vote of members present at a noticed meeting.