HomeMy WebLinkAbout05.H- Human Resources RESOLUTION(ID#2598) DOC ID: 2598
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Allen Parker M/CC Meeting Date: 08/05/2013
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the City
of San Bernardino Fire Management Association's Unit Modification Petition to Expand Its
Representation to Include the Position of Deputy Fire Chief(P-6). (#2598)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On July 11,2013,the Personnel Committee recommended this item to be forwarded to the
Mayor and Common Council for adoption.
On July 1, 2013,the Mayor and Common Council referred this item to the Personnel Committee
for review.
On June 7,2010,the Mayor and Common Council recognized the San Bernardino City Fire
Management Association(FMA) as the majority representative for the Fire Management Unit.
Background:
On June 7,2010,the San Bernardino City Fire Management Association(FMA)was recognized
by the Mayor and Common Council as the exclusive representative of Fire Battalion Chiefs for
the purpose of employer-employee relations.
On March 28,2013, FMA submitted a unit modification petition to expand its representation to
include the position of Deputy Fire Chief(P-6). Since the petition met the requirements of the
City's Employer-Employee Relations Resolution,the Human Resources Department is
recommending that the petition be accepted and that the Resolution be adopted accepting the said
amendment and continuing FMA as the exclusive representative of Fire Battalion Chiefs and
Deputy Fire Chief for the purpose of employer-employee relations.
On July 1, 2013,the Mayor and Common Council referred this item to the Personnel Committee
for further review. As a result,the Human Resources Department surveyed several local cities to
not only determine which group represented its Deputy Fire Chief,but also to determine other
positions that were represented within that group. This information was provided to the
Personnel Committee on July 11, 2013, at which time the Committee recommended this item to
be forwarded to the Mayor and Common Council for adoption. A summary of the findings are
Updated: 7/23/2013 by Linda Sutherland
2598
attached.
City Attorney Review:
Sum3ortin-, Documents:
reso 2598 (PDF)
Petition FMA 7-1-13 (PDF)
Police Fire Benefits Survey (PDF)
Updated:7/23/2013 by Linda Sutherland
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMMON i OUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE CITY OF SAN BERNARDINO FIRE
3 MANAGEMENT ASSOCIATION'S UNIT MODIFICATION PETITION TO EXPAND
ITS REPRESENTATION TO INCLUDE THE POSITION OF DEPUTY FIRE CHIEF(P-
4 6)
5 WHEREAS,on June 7,2010, the Mayor and Common Council recognized the San
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6 Bernardino City Fire Management Association as a separate bargaining unit to negotiate terms
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7 and conditions of employment for unit members with the City; and
g WHEREAS,in accordance with the City's Employer/Employee Relations policy as set o
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forth in Resolution Nos. 10584 and 10585,the Petition for Recognition was found by the a
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designated City Representative to be in compliance with Section 9(A) of Resolution No. 10584; a
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WHEREAS,the City is bringing forward this resolution to continue recognition of the N
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San Bernardino City Fire Management Association in accordance with applicable statutes and d
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City policy;
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16 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON d
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17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 00
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tg SECTION 1. The City hereby finds that the Unit Modification Petition is in compliance a,
19 with the requirements for such petition and that the proposed unit, comprised solely of full-time o
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fire management personnel in the P-5 (Fire Battalion Chiefs) and P-6 (Deputy Fire Chief] :..
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21 classifications, is an appropriate unit.
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SECTION 2. The City hereby formally recognizes the San Bernardino City Fire
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Management Association,consisting of the classifications set forth in Section I of this
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25 Resolution, as the majority representative of the employees in such bargaining unit for purposes
of representing them in their employment relations with the City.
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1 RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE CITY OF SAN BERNARDINO FIRE
2 MANAGEMENT ASSOCIATION'S UNIT MODIFICATION PETITION TO EXPAND
ITS REPRESENTATION TO INCLUDE THE POSITION OF DEPUTY FIRE CHIEF(P-
3 6)
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,
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6 held on the day of ,2013, by the following vote, to wit: L)
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7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
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8 MARQUEZ o
9 JENKINS
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15 Georgeann Hanna, City Clerk
16 The foregoing Resolution is hereby approved this of ,2013.
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Patrick J. Morris, Mayor N
18 City of San Bernardino 00
19 Approved as to form: N
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20 JAMES F. PENMAN,
City Attorney
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By.
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FIRE DEPARTMENT
Paul A.Drasil—Interim Fire Chief
200 East Third Street,San Bernardino,CA 92410-4889
909-384-5286 Fax 909-384-5281
San Bernar lno www.sbcity.org
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February 28,2013
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City of San Bernardino 0
Attn: Diana Leibrich
300 N.D Street a
San Bernardino CA 92401 �-
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Dear Diana: a
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The San Bernardino Fire Management Association(FMA)has received a request from Paul o
A.Drasil,Deputy Fire Chief,to join the FMA. The membership of the FMA has considered
and approved his request to join the FMA. The FMA is now formally requesting that the City a
recognize the position of Deputy Fire Chief as a member of our bargaining group.
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Very truly yours,
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Tom Hannemann
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President
San Bernardino Fire Management Association M
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(1e6rgeAver7. Michae er Eric Es ivel 4
l�attalin Chief Battalion Chief Battalion Chief d
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Ton age Daniel Hark
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Battalion Chic Battalion Chief
SBFD Mission Statement
The San Bernardino City Fire Department is dedicated to protecting and sewing our entire
community with a commitment to professionalism and performance excellence
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'!1 FIRE DEPARTMENT
Paul A.Drasil—Interim Fire Chief
200 East Third Street, San Bernardino,CA 92410-4889
909-384-5286 Fax 909-384-5281
San Bernar ino www.sbeity.org
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February 28,2013 d
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City of San Bernardino
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Attn: Diana Leibrich,Human Resources d
300 N.D Street a
San Bernardino CA 92401
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Ms. Leibrich: o
I would like to formally request that my current position of Deputy Fire Chief be included in
the Fire Management Association (FMA)bargaining unit. Currently my position has been a
placed within the Management Confidential bargaining unit,which does not provide
provisions for safety employees,which the Deputy Fire Chief's position is within the FMA, d
The members of the FMA will be sending you a letter requesting the position be included in
their membership as well.
Thank you in advance for your help with this request. If I can provide any further information LL
or documentation please don't hesitate to contact me.
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Paul A. Drasil
Interim Fire Chief rril c
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SBFD Mission Statement
The San Bernardino City Fire Department is dedicated to protecting and serving our entire
community with a commitment to professionalism and performance excellence
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Date: March 28, 2013
We, the undersigned, wish to petition the Mayor a^d Common Council of t"e 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).
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SICiNATl.1RE ANF)DA F ()
XXXX, Fire Chief
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Paul Drasil, Deput j ire Chief
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Eric Esquivel, Battalion hie€ o
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Thomas Hannemann, Battalion Chief
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Mi ael Bilheime , Battalion Chief LL
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Tony P , Battalion C ief
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PETITION FOR RECOGNITION
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San Bernardino City Fire Management Association
BY-LAWS a.
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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. d
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Section II. Membership - Membership shall be open to management members of the
Fire Department according to the following City Charter Section 186 0
classifications: --
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P-5 (Battalion Chief and Division Chief) and P6 (Deputy Fire Chief) or any d
person certified in the rank. P7 (Fire Chief) is limited to being an associate
member only. a
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Other than the above requirements, this organization shall have no
restrictions on membership based on race, color, creed, sex or national o
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There shall be only two forms of membership, that of full dues paying, E
members and associate members.
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Associate members will pay the same rate as full members, but will not 2
have voting rights and may participate in FMA meetings.
Associate member's rights are limited to non-action activities. co
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Section 111. Organizational Objectives - The purpose of this organization shall be for
the following reasons: a
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A. To recognize the common needs and responsibilities of the City of c
San Bernardino City Fire safety management personnel as distinct r
from other management personnel, because of their respective a
specialties and varying work conditions.
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B. To improve communications among the professional Fire safety
management personnel in both formal and informal dialogue with a
internal and external communities.
C. To f-o&ter-a-teary-can_cept-among-the City's-professional-Fire safety
management personnel for broader based and unified approaches
to citywide goals, thereby achieving efficiency and effectiveness.
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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
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.
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F, To assist in defining the requirements and responsibilities of the U
professional Fire safety management personnel; evaluating their U-
performance; and determining equitable and competitive r
compensation and benefits. a
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G. To conduct programs conee rnin^y the u°ciiicry of public services and
to provide a forum for the consideration of and solution to possible a
future public problems. Q
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H. Representation of its members in employment relations with the c
City of San Bernardino, pursuant to California Government Code
Section 3500 et seq., which shall include but not be limited to: o
1. Wages and benefits y
2. Terms and conditions of employment a
3. Grievance resolution
4. Limited legal defense of its members a)
I. Interaction with the political body (elected officials) for 2
social/educational purposes. L
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i C Chapter 2
Executive Board
Section 1V. Executive Board - The Executive Board shall consist of a President, a Vice
President and a Secretary/Treasurer, who shall be elected at-large from w
the membership and shall be the principal officers of the organization. s
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A. President - The President shall be the chief executive officer of the U_
organization and shall have direct supervisory responsibilities of the
organization. In addition, the President may appoint members to C
committees as needed, and shall serve as ex-officio member of all
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vommia e0s. vuujvt.L iv any exceptions contained I ICIC1n, Me
President shall be the sole Association member authorized to a
communicate on behalf of and in the name of the Association, with
any entities, whether they be partnerships, municipalities, boards, a
commissions, individuals, or other entities. The President can o
expressly delegate such authority to any member of the ;
Association. Further, the President shall, when present, preside at o
all meetings of the Association, decide all questions of order, act as y
L! judge of and declare the results of all elections and direct other a
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members of the Executive Board.
B. Vice President - The Vice President shall serve in the absence of
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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 U_
most orderly continuation of Board business. CO
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C. Secretary/Treasurer - The Secretary/Treasurer shall be responsible M
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 r_
records of all revenues and expenditures of the organization. All °
expenditures by check will require the signature of the a
Secretary/Treasurer and one other principal officer.
Section V. Executive Board Functions
A. The Executive Board will be composed of the three elected a
principal officers (President, Vice President and
Secretary/Treasurer).
B. Quorum of the Executive Board - A majority of the Executive Board
shall constitute a quorUrn for the transaction of lousiness.
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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 a!I
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. L)
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E. Any Executive Board member who is absent for three (3) r
consecutive meetings, without first obtaining prior permission from
the President may be removed from their respective office by a o
majority vote of ti- membel J -f ale AjJVVlatlol 1.
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Section VI. Special Committees - The President shall have the power to appoint
special committees for the purpose of carrying out functions of the a
Association as needed. Chairpersons of special committees will serve as o
non-voting members of the Executive Board during the term of their
committee.
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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.
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Section Vlll. Proxy Votes. U-
A. Proxy votes may be cast by any regular member at any o
membership meeting when a member is prevented from attending -�
said meeting. A letter must be signed by the absent member a
indicating to whom his/her proxy is assigned and for which meeting d
it may be voted. It must be presented to the Board member
presiding over the meeting. The proxy expires at the close of the a
meeting for which the letter of authorization was granted. E
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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.
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A. Election guidelines
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1. Nominations of Executive Board members shall take place in
November of odd numbered years. If nominated for more d
than one position, acceptance of only one position will be o
allowed. co
2. Immediately after the agreed upon close of nominations, a
elections will take place in the following manner:
a. An election committee will be established consisting a
of a chairperson and two (2) members from the Safety c
Management Association.
b. Election will be by secret written ballot. o
C. In the event of a tie vote, the winner will be declared N
by a random drawing of names. Q
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 33 calendar days U-
following the above election guidelines. CO
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San Bernardino City Fire Management Association (FMA)
Diana Leibrich
Human Resources Division Manager
300 North "D" St
San Bernardino CA 92401 d
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-0 PURSUANT TO GOVERNMENT l CODE SECTIONS 3501(B), STATES, 1968c. a
1390 SECTION 2, TO REPRESENT THE FIRE SAFETY MANAGEMENT
EMPLOYEES OF THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT
CODE SECTIONS 3503 AND 3504. a
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The Fire Manager's Association of the City of San Bernardino (hereinafter San M
Bernardino City Fire Management Association — FMA) hereby requests formal 0
recognition by the Mayor and Common Council of the City of San Bernardino as the a
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 2
provisions of Government Code Sections 3503 and 3504.
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The Fire Management's Association will have as members the majority of the Fire o
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.
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That said, Association's representation of Fire safety management employees will
ensure the fullest freedom of the exercise of the rights guaranteed the employees c
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 a
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 and efficient operation of the City of
San Bernardino. a
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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
2. The names and titles of its officers are: r
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Thomas Hannemann, President LL
Michael Bilheimer, Vice President
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George Avery, Secretary/Treasurer a
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3 The as#hori erl rarn•rasan4atiyec of said LSenria4nn (FAAA) are: co
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Thomas Hannemann, President
Michael Bilheimer, Vice President a
George Avery, Secretary/Treasurer o
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4. Said Association (FMA) has as one of its primary purposes; the representation of c
Fire safety management employees in their employment relations with the City of N
San Bernardino. a
5. Said Association (FMA) is affiliated with The Western Fire Chiefs Association. E
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. ;v
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7. Notice served upon Association (FMA) 00
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Thomas Hannemann, President
George Avery, Secretary/Treasurer, will be deemed sufficient notice on the
employee organization for any purpose.
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8. Association (FMA) requires that the provisions of Section 923 of the Labor Code U.
are not applicable to municipal employees. °-
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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.
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10. The Association (FMA) has a present membership amounting to a majority of the a
Fire safety management employees of said City. The following job titles are
included in the unit:
1 Fire Battalion Chief (P5)
2 Fire Division Chief (P5)
3 Administrative Fire Battalion Chief(P5)
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4 Deputy Fire Chief(P6)
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 --
representation for confirmation to the Director of Personnel for the City of San
Bernardino.
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12. Petitioner hereby requests that the Director of Personnel of the City of San r
Bernardino formally recognize the Fire Management Association of the City of a
San Bernardino as the majority representative of all the Fire safety management o
employees of the (vitl/ of San RPrnardino for the- nurmnse of mee ina and d
conferring in good faith on all matters within the scope of representation.
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Dated this 28th day of March, 2013. a
Fire Management Association 2
of the City of San Bernardino 0
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Thomas Hannemann, President a
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I hereby declare, under penalty of perjury, that the statements contained in this U-
petition are true and correct to the best of my knowledge and that this verification CO
was executed on the 28th day of March 2013. N
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Thomas Hannemann, President
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George Avery, Secretary/Treasurer
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