HomeMy WebLinkAbout21- Personnel CITY OF SAN BERNAFOINO - REQUEST FOf COUNCIL ACTION
From: BARBARA DILLON Subject: PETITION FOR RECOGNITION -
Dept: SAFETY MANAGERS'
PERSONNEL ASSOCIATION
Date:
10/21/93
Synopsis of Previous Council action:
October 4. 1993 - Mayor and Common Council approved Resolution No. 93-378, amending
Resolution No. 6429, entitled in part "A Resolution . . . establishing a basic compensation
'-plan for officers and/or employees of the Police and Fire Departments of the City of San
Bernardino . . . "
Recommended motion:
That the Mayor and Common Council deny the Petition for Recognition filed by the Safety
Managers' Association for formal recognition as the majority representative of Fire and
Police Safety Employees in the classifications of P-5 and above for Fire, and P-4 and above
for Police.
Signature
Barbara Dillon 384-5161
Contact person: Phone:
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
7a_r»&2 Anandn Itam Nn "2
CITY, OF SAN BERNAR; :NO - REQUEST FOR0 :OUNCIL ACTION
STAFF REPORT
Background
On August 18, 1993, Tom Parlett, Battalion Chief, filed a petition on behalf of the Safety
Managers' Association (SMA) for formal recognition as the majority representative of Fire
and Police Safety Employees in the classifications of P-5 and above for Fire, and P-4 and
above for Police.
The following numbers of employees and job classifications would be included in the Safety
Managers' Association, for a total of up to 25 employees:
(1) Fire Chief (1) Police Chief
(1) Deputy Chief - (1) Assistant Police Chief
(1) Training Officer (3) Police Captains
(1) Fire Marshall (10) Police Lieutenants
(6) Battalion Chiefs
The above classifications are currently covered by the City's Management/Confidential Unit.
The Petition for Recognition has been reviewed per the criteria in Resolution No. 12633,
which amended Resolution No. 10584. An analysis prepared by the Personnel Department is
attached for reference. Based on the "Criteria for Recognition in an Appropriate Unit," the
analysis shows that a separate Safety Management Unit with up to 25 employees would
impose an unreasonable burden on the efficient operation of the City.
Recommendation
It is recommended that the Mayor and Common Council deny the Petition for Recognition
filed by the Safety Managers' Association for formal recognition as the majority
representative of Fire and Police Safety Employees in the classifications of P-5 and above for
Fire, and P-4 and above for Police.
Attachments: (A) Analysis - Safety Managers' Association
(B) Petition for Recognition
2 of 26
5-0264
Q
ATTACHMENT A
ANALYSIS - SAFETY MANAGERS' ASSOCIATION
3 of 26
SAFETY MANAGER'S ASSOCIATION
PETITION FOR RECOGNITION
Back r� o
SECTION 12 of Resolution No. 12633 amended Resolution No. 10584, Section 9, Petition for
Recognition, on December 22, 1977. The purpose of SECTION 12 is to specify the information
and documentation to be included in the Petition for Recognition.
Analysis
On August 18, 1993, Tom Parlett, Battalion Chief, filed a petition for the Safety Manager's
Association for formal recognition as the majority representative of Fire and Police Safety
Employees in the classifications of P-5 and above for Fire, and P-4 and above for Police.
SECTION 12 contains a list of ten (10) items. The Safety Manager's Association provided a
response to all ten (10) items. In response to the Personnel Department's request for additional
information, Tom Parlett submitted certified by-laws and the addresses of the two persons
designated to receive notices for the employee organization.
CRITERIA FOR RECOGNITION IN AN APPROPRIATE UNIT
Background
SECTION 13 of Resolution No. 12633 amended Resolution No. 10585, Section 10, Criteria for
Recognition, on December 22, 1977. The purpose of SECTION 13 is to determine whether
there is a community of interest among the units or employees of the organization, based on
established criteria.
Analysis
Each factor listed in SECTION 13 is followed by an analysis.
(1) Which unit or employee organization will assure employees the fullest freedom
in the exercise of rights set forth under this Resolution.
Analysis: The safety management classifications are currently included in the San
Bernardino City Management Association (SBCMA). Either the SBCMA or the
new Safety Manager's Association would provide full freedom in the exercise of
rights.
4 of 26
(2) The history of the unit or employee organization in representing employees.
Analysis: Pursuant to Charter Section 186, the City negotiates with four units for
the purpose of establishing salaries effective August 1 of each year. These units
include: Fire Safety Management; Police Safety Management; Fire Local 891;
and, Police Officers' Association (POA).
Currently, all Safety Management employees are included in the Management/
Confidential Unit and receive the same benefits as other Management/Confidential
employees.
The proposed Safety Manager's Association (SMA)has no history in representing
employees. However, in past years, two separate Safety Management Units
existed. The Police Management Unit became part of the
Management/Confidential Unit in September 1984; the Fire Management Unit,
in August 1987.
(3) The effect of the unit or employee organization on the efficient operation of the
City and sound employer-employee relations.
Analysis: Recognizing a Safety Management unit with up to 25 employees would
impose an unreasonable burden on the efficient operation of the City. A new
City team would have to be established to negotiate with this unit. Given that
negotiations with other bargaining units average 10-15 sessions, creating a new
unit would cause an additional drain on existing City resources.
(4) The extent to which the employees have common responsibilities.
Analysis: The employees have common responsibilities in safety management for
the City of San Bernardino. They also have common responsibilities with other
managers, as specified in the Management Rights clauses in various Memoranda
of Understanding (MOU's).
Common responsibilities shared with other managers include, but are not limited
to, the following:
a. Determine mission of department and its divisions.
b. Maintain efficient government operations.
C. Develop codes and ordinances.
d. Formulate regulations, policies, procedures, and work methods.
e. Determine methods of financing; prepare the department budget; and,
control expenditures.
f. Supervise and evaluate performance of subordinate personnel.
5 of 26
(5) The effect on the existing classification structure of dividing a single classification
among two or more units or employee organizations provided, however, that no
unit shall be established on the sole basis of the extent to which employees in the
proposed unit have been previously organized.
Analysis: The Management/Confidential Unit includes Department and Division
Heads. The proposed Safety Manager's Association would include Department
and Division Heads (e.g., Battalion Chief) from the Fire and Police Departments.
The proposed Safety Manager's Association would divide these two classifications
among two units of employee organizations (SMA and SBCMA), whereas,
currently, the two classifications are in one employee organization.
While employees in the proposed unit have been previously organized into
separate units (until 1984 for Police Management and 1987 for Fire
Management), a new unit for such a small number of employees does not support
the efficient operation of the City of San Bernardino.
Attachments
(1) Memorandum of September 19, 1984
(2) Memorandum of September 21, 1984
(3) Memorandum of August 4, 1987
6 of 26
CITY of SAN P 7RN RDINO - VIEM60nbum
To HONORABLE MAYOR AND COMMON COUNCIL From MARY JANE PERLICK
City of San Bernardino Director of Personnel
CSubject POLICE MANAGEMENT UNIT Date September 19, 1984
Approved Date
CONFIDENTIAL
This memo is for your information only, to let you know that the classifi-
cations of Captain and Assistant Police Chief have been removed from the
Police Management Unit effective 9-18-84 by joint agreement of myself, as
the City's Designated Representative and Bob Elliott, General Manager of
the San Bernardino Public Employees Association (SBPEA) . Formal notifica-
tion/agreement by SBPEA is on file in my office.
As this action requires no Resolution changes, this is the only statement
you will receive on same.
Please note that the Police Management Unit is not dissolved, it is tech-
nically "empty" and may have other police classifications placed in it as
may be appropriate in the future.
Respectfully submitted,
MARY JANE PERLICK
Director of Personnel
MJ:jr
cc: JACK MATZER
City Administrator
CITY o N T H E-+l*:/Z 7 of 26
- ATTACHMENT 2
CITE( OF SAN BERNARDINO -'- MEMORANDUM
To CAPTAIN HUME, CAPTAIN BONANNO, ASSISTANT CHIEF From MARY JANE PERLICK
MINOR - POLICE DEPARTMENT Director of Personnel
�ubject BARGAINING GROUP CHANGE Date September 21 , 1984
Approved Date
This memo will confirm the fact that you have been placed with the Manage-
ment/Confidential group in terms of health plan benefits, and are no longer
in the Police Management Unit.
Our records show that all of you are currently paying some monies towards
your Blue Cross health plan coverage. Since the Management/Confidential
group has its Blue Cross health plan for up to "employee and one depend-
ent" fully paid, the amount you have been paying for Blue Cross will cease
effective with your October checks.
The 1% PERS contribution will show on your October 12, 1984 paycheck. You
will have access to the Fire Groups' 80/135 cafeteria plan when it be-
comes effective, unless the Management/Confidential group rises higher, in
which case you will be permanently placed in that group amount. The 1% PERS
amount will stay in effect unless the Management/Confidential group starts
to receive PERS, in which case you will be permanently placed in that PERS
contribution, i .e. if the Management/Confidential group starts to receive
1% PERS, you will continue to receive 1% PERS total . If the Management/Con-
fidential group starts to receive 1.5% PERS, you will receive 1.5% PERS
total .
Please call me if I can answer any questions for you. The effective dates
of the monies indicated as above have been confirmed to me via Finance.
,^3 eeA-?�
MARY JANE PERLICK
Director of Personnel
MJ:jr
cc: BEN GONZALES
Chief of Police
8 of 26
ATTACHMENT 3
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
8701-622
TO: Warren Knudson, Director of Finance
FROM: Mary Jane Perlick, Director of Personnel
SUBJECT: Fire Management Unit
DATE: August 4 , 1987 (6960)
COPIES: o Gerald M. Newcombe, Fire Chief
• Ray Schweitzer, City Administrator
• Steve Hale, Data Processing Manager
• Roger DeFratis, Assistant Personnel Director
• Doug Chandler, Personnel Analyst
• Ed Lindsay, Battalion Chief
-------------------------------------------------------------
In January of this year, the Council approved the disposition
of the above unit, once its MOU has expired on August 31,
1987 . The 8 members of this unit will be considered in with
the Management/Confidential group effective with the payroll
period starting August 31, 1987.
This means that on August 31, (1) their cafeteria plan
contribution increases to the Management/Confidential level
(2) their vacation schedule changes to the
Management/Confidential schedule, (3) they gain one floating
holiday (for a total of 12) (4) their City PERS contribution
increases from 1% to 7%, (5) their sick leave payoff changes
to be in line with the Managementy/Confidential sick leave
payoff, and (6) and they come under the Management Disability
Plan and the $50, 000 life insurance plan. In all areas, this
group will be considered in with the Management group. My
office will call the employees in as a group or on a "one on
one" basis to re-orient them on benefits.
However, please change your records and payroll factors
accordingly for items 1, 2, 4 and 5 above, effective August
31, 1987. The cost of these items will be budgeted by the
Fire Department for FY 87-88.
Thanks for your help!
MARY J PERLICK
Director of Personnel
MJ: jr
9 of 26
ATTACHMENT B
PETITION FOR RECOGNITION
10 of 26
SAFETY MANAGER' S iSSSOCIATION
August 10, 1993
Ms. Barbara Dillon
Director of Personnel
300 No. D St.
San Bernardino, CA
PETITION OF THE SAFETY MANAGER'S ASSOCIATION OF SAN BERNARDINO CITY
FOR FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE OF FIRE AND
POLICE SAFETY EMPLOYEES IN THE CLASSIFICATIONS OF P-5 AND ABOVE FOR
FIRE, AND P-4 AND ABOVE FOR POLICE, PURSUANT TO GOVERNMENT CODE
SECTION 3501 (B) , STATS, 1968C. 1390 SECTION 2, TO REPRESENT THE
SAFETY MANAGEMENT EMPLOYEES OF THE CITY OF SAN BERNARDINO PURSUANT
TO GOVERNMENT CODE SECTIONS 3503 AND 3504 .
The Safety Manager' s Association of San Bernardino City
(hereinafter Safety Manager' s Association - SMA) hereby requests
formal recognition by the Mayor and Common Council of the City of
San Bernardino as the majority representative entitled to represent
the safety management employees of the City of San Bernardino, as
defined in Section 10 of the Employer/Employees Relations
Resolution No. 12633, 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
provisions of Government Code Sections 3503 and 3504 .
That said Association has as members the majority of the safety
management employees of the City of San Bernardino, and said
employees have pursuant to law duly authorized said Association
(SMA) to represent them in all of their relations with said City
employer pursuant to the provisions of the Meyer-Milias-Brown Act.
That said Association' s representation of safety management
employees will insure the fullest freedom of the exercise of their
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 (SMA) as the majority
representative of all the 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.
11 of 26
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 (SMA) as requested:
1 . The name and address of the Association (SMA) is :
Safety Manager' s Association of San Bernardino City
3173 Cactus Circle
Highland, CA 92346
2 . The names and titles of its interim officers are:
Thomas I . Parlett President
Michael Lewis , Vice President
E. Guy Burdick Secretary/Treasurer
3 . The authorized interim representatives of said Association
(SMA) are:
Thomas I . Parlett President
Michael Lewis Vice President
E. Guy Burdick , Secretary/Treasurer
4 . Said Association (SMA) has as one of its primary purposes;
the representation of said safety management employees in
their employment relations with the City of San Bernardino.
5. Said Association (SMA) is not a chapter, local or affiliated
directly or indirectly with any regional, state, national or
international organization.
6. Certified copies of the Association' s (SMA) 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' s (SMA) interim
Thomas I . Parlett, President
or
E. Guy Burdick, Secretary/Treasurer
will be deemed sufficient notice on the employee
organization for any purpose.
8 . Association (SMA) recognizes that the provisions of Section
923 of the Labor Code are not applicable to municipal
employees.
9. Said Association (SMA) 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 .
12 of 26
Q 0
10 . The Association (SMA) has a present membership amounting to
a majority of the safety management employees of said City.
The following job titles are included in the unit:
(1) Fire Chief (1) Police Chief
(1) Deputy Chief (1) Assistant Police Chief
(2) Division Chiefs (3) Police Captains
(6) Battalion Chiefs (10) Police Lieutenants
11 . The Association (SMA) has in its possession written proof,
dated within six months of the date upon which this petition
is filed, to establish that the Safety Manager' s Association
(SMA) of San Bernardino City have designated the Association
(SMA) to represent them in their employment relations with
the City. The Association (SMA) hereby offers to submit
written proof of such representation for confirmation to the
Director of Personnel for the City of San Bernardino.
12 . Petitioner hereby requests that the Director of Personnel of
the City of San Bernardino formally recognize the Safety
Manager' s Association of San Bernardino City as the majority
representative of all the 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 10th day of August, 1993
Safety Manager' s Association
of San Bernardino City
President
Thomas I . Parlett
13 of 26
4
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 10th day of August-, 1993 .
President
Thomas I . Parlett
Secretary/Treasurer
E. Guy Burdick
14 of 26
DATE: a' JOb k C%,
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) .
FIRE DEPARTMENT PO E PART NT contd.
William Wright, Fire Chief We le r ieutenant
Dan Dickerson, Deputy Chief an' 1 Mal eutenant
Guy Bur k, Fire arshal Michael' LgWls, Captain
J am pos ' Officer Larr ' ch Captain
I _Ron Chief
Thomas Maier, Captain
Dave Parke, Battalion Chief Lawrence �N'eigel, Lieutenant
John Brown, Battalion Chief Brad Hilder, Lieutenant
,7e
Gary ZkKratch, Battalion Chief James Griggs, Lieutenant
Tom �Prlett, Battalion Chief Frank Alvarez L�0 tenant
Ron Hopper, Batt.Alion Chief illiam tmi h, Lieutenant
Police Department �' 1�
Da id ell Lieutenant
Dan Robbins, Police Chief p J is, ieutenant
G172�
Wayne Harp, Assistant Chief Robert Curtis, Lieutenant
15 of 26
p
AY-LAWS (Draft )
Article I . Name : The name of this organization shall be
"Safety Manager's Association of San Bernardino
City. "
Article II . Membership: Membership shall be open to safety
management members of both the Fire and Police
departments according to the following City
Charter Section 186 classifications:
Police Department: P-4 and above
Fire Department: P-5 and above
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 one form of membership, that
of a full dues paying member.
Article 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 safety management personnel as
distinct from other management personnel
because of their respective specialties.
B. To improve communications among the
professional safety management
personnel in both formal and informal
dialogue .
C. To foster a team concept among the city's
professional safety management personnel for
broader based and unified approaches to city
wide goals, thereby achieving efficiency and
economy.
D. To promote the professional image of the
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 safety
management team in their public service
roles, both through in-house mutual
instruction and the use of outside resources.
16 of 26
j
F. To assist in defining the requirements and
responsibilities of the professional 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
are not limited to:
1. Wages and benefits
2. Terms and conditions of employment
3. Grievance resolution
4. Legal defense of its members
I . Interaction with the political body (elected
officials)
Article 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 memberships of both departments and shall
be the principal officers of the organization. In
addition, a separate Director shall be appointed
from each department to the Executive Board.
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.
17 of 26
Q Q
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.
D. Directors There shall be one Director
appointed from both the Fire and the Police
Department and they shall perform the duties as
requested by the President or Vice-President-
Article V. Executive Board Functions
A. The Executive Board will be composed of the three
elected principal officers ( President, Vice-
President, Secretary/Treasurer ) and the two
appointed ( Directors ) .
B. Quorum of the Executive Board A majority of
the Executive Board shall constitute a quorum for
the transaction of business.
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
three (3) 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.
Article 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.
18 of 26
Article VII . Elections The election of principal officers
shall commence on November 1 , 1993 and term of
office shall be for a two year period beginning
January 1 _
A. Election guidelines
1 . Nomination 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 one member from the Fire
Department and one member from the
Police Department.
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.
Article VIII . General Membership Meetings General
membership meetings will be held on a quarterly
basis. Notification will be sent to all members
at least five (5) days prior to the meeting
showing the time and place of the upcoming
meeting.
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, a
remote will be taken. If the vote is still a tie
after the remote, the issue will die before the
body.
C. Minutes of all meeting will be sent to all members
within ten ( 10) days preceding the date of the
meeting.
D_ 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.
19 of 26
Q
Article IX_ Membership Dues A dues schedule shall be
adopted after approval by the general membership.
Article X. Amendments To The By-Laws These by-laws,
or any amendments to these by-laws, shall be in
full force and effective immediately upon adoption
by a majority vote of members present at a noticed
meeting.
20 of 26
& REC D 10/14/93, 4:37 R1
SAFETY MANAGER'S ASSOCIATION
October 13, 1993
Ms. Barbara Dillon
Director of Personnel
300 No. D Street
:man Bernardino, CA
Dear Ms. Dillon:
Per your request in your letter dated October 7, 1993, I am
enclosing the following additional information:
(6) Our organization does not have a constitution, only a set of
by-laws_ The interim Secretary/Treasurer, Guy Burdick and
myself, acting as the interim President, have signed the by-
laws and they have been notarized by a notary public.
(7 ) At the current time all correspondence that has anything to
do with our proposed organization can be sent to one of the
following:
Thomas Par•lett Guy Burdick
3173 Cactus Circle 28821 Hagy Ave .
Highland, CA 92346 Highland, CA 92346
We would appreciate a more expedient approach to analyzing and
gaining approval for our petition by yourself and others at city
hall responsible for those actions. As per our petition, after
approval by the Mayor and Council, we anticipate holding formal
elections for the principle officer positions and the appointment
of directors.
If any additional information is needed please call me so that we
can go forward in an expedient manner.
Sincerely,
�)OT-"-"v a� �
Tom Parlett
President ( Interim)
SMA
21 of 26
Article I . Name: The name of this organization shall be
"Safety Manager s Association of San Bernardino
City. "
Article II . Membership: Membership shall be open to safety
management members of both the Fire and Police
departments according to the following City
Charter Section 186 classifications:
Police Department: P-4 and above
Fire Department: P-5 and above
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 one form of membership, that
of a full dues paying member.
Article 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 safety management personnel as
distinct from other management personnel
because of their respective specialties.
B. To improve communications among the
professional safety management
personnel in both formal and informal
dialogue.
C. To foster a team concept among the city ' s
professional safety management personnel for
broader based and unified approaches to city
wide goals, thereby achieving efficiency and
economy.
D. To promote the professional image of the
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 safety
management team in their public service
roles, both through in-house mutual
instruction and the use of outside resources.
22 of 26
F. To assist in defining the requirements and
responsibilities of the professional 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
are not limited to :
1_ Wages and benefits
'Perms and conditions of employment
3. Grievance resolution
4. Legal defense of its members
I . Interaction with the political body (elected
officials )
Article 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 memberships of both departments and shall
be the principal officers of the organization. In
addition, a separate Director shall be appointed
from each department to the Executive Board.
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_
23 of 26
0 4
C. Secretary/Treasurer The Secretary/Treasurer
shall be responsible for the minutes of ail
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.
D. Directors 'There shall be one Director
appointed from both the Fire and the Police
Department and they shall perform the duties as
requested by the President or Vice-President.
Article V. Executive Board Functions
A. The Executive Board will be composed of the three
elected principal officers ( President, Vice-
President, Secretary/Treasurer ) and the two
appointed ( Directors ) .
B. Wuorum of the Executive Board A majority of
the Executive Board shall constitute a quorum for
the transaction of business.
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
three ( 3 ) 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.
Article Vl . 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.
24 of 26
Article VII . Elections The election of principal officers
shall commence on November 1 , 1993 and term of
office shall be for a two year period beginning
January 1 .
A. Election guidelines
1. Nomination 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.
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 one member from the Fire
Department and one member from the
Police Department.
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.
Article VIII . General Membership Meetings General
membership meetings will be held on a quarterly
basis. Notification will be sent to all members
at least five ( 5) days prior to the meeting
showing the time and place of the upcoming
meeting.
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, a
re-vote will be taken. If the vote is still a tie
after the re-vote, the issue will die before the
body.
C. Minutes of all meetings will be sent to all
members within ten ( 10) days of the date of said
meeting.
D. 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.
25 of 26
• err+ Q
Article IX. Membership Dues A dues schedule shall be
adopted after approval by the general membership.
Article X. Amendments To The By-Laws 'These by-laws,
or any amendments to these by-laws, shall be in
full force and effective immediately upon adoption
by a majority vote of members present at a noticed
meeting.
By-Laws Certified on thisB+�day of 0c-{O'0-� 1993
Presidents nav�
'3e_ci Tr•easur•er ��,'�
State of California )
County of SAN BERNARDINO )
On /G -��-' /J before me, Donna Zikratch
personally appeared 1 O P w 0.S 0. r le-17' CL Vl d C7- ttV 17Ur4l' ck
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authoriz-
ed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument. -- i•.
CD11 - (OFFICIAL SEA L)
WITNESS my hand and official seal. DONNA ZIKRATCH
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
�' /L� My Commission Expires Dec. 25, 1994__
-
26 of 26
October 31 . 1993
Mayor & Common Council
City of San Bernardino
300 No D Street
San Bernardino, CA 92418
Honorable Mayor and Council Members:
This information is being provided to you as a way of
establishing what has transpired over the past five months in
regards to the proposed establishment of an employee
representative group set up primarily for safety managers.
On May 28, 1993, representative managers of both the Fire and
Police Departments met to discuss concerns that they had with the
structure and operation of the San Bernardino City Management
Association. On June 1, 1993, a meeting was held with
representatives of the City Management Association to air
concerns that were brought forth at the fire/police meeting.
The main concern was that the SBCMA had not been involved in any
earnest benefit negotiations with the city for quite some time
and that there had been no action in this area since 1989.
Another concern was that the SBCMA had too diversified a
membership,with safety, confidential , elected, etc. , to be an
effective employee organization. Since that time it has been
'Drought to light that the SBCMA is not a true certified employee
representative group, it is geared more toward social activities.
A :subsequent meeting between members of Fire/Police management
led to the filing of the petition for separate recognition as
allowed under Mate Government Code Section 3502 (Meyers-Milias-
Brown Act ) . It is at that stage we have reached and have filed
this petition as outlined under City Resolution No. 12633 which
amends City Resolution 10584, the resolution establishing
guidelines for this procedure.
I must also address some areas of concern in regards to the
analysis presented to you by the Director of Personnel, Ms.
Barbara Dillon. I will attempt to show those concerns in an
objective manner and mean no disparagement towards the Personnel
Director .
Number (2 ) Whereas the analysis is correct in that the
proposed organization has no history in representing employees,
that is true. But, the fact of the matter is that some of the
members of the proposed organization do , such as myself, and
Steve .'arvis and Mike Lewis of the Police Department. All newly
Mayor and Council
October 31, 1993
page 2
formed organizations have no history because newly formed
organizations have no past.
Number (3) .'he formation of this organization would not place
an unreasonable burden on the efficiency of the City. Whereas
there are now two groups who must meet and confer over the
-)rovisicns of ::tarter Section 185, Fire Management and Police
.Ma..a;.ement , there would now only be one organization, the Safety
Manager' 3 Association. This would in effect streamline the
process rather �i:an drain City resources.
N,xrber (5) As stated earlier, the San Bernardino City
Management Association is not a formally recognized and certified
bargaining group. Also, there could be a conflict of interest in
'.he _verall mace,-,p of the membership and its elected officers.
the S31CMA has "-oo many different groups of people to be able to
�fpact e ,...t: = e d + on +'•�eir behalf.
I .�v. ly ..e�_ �ut an ac„ "..
stl; , - ar co-tent_o- that `he Fire and Police Management
c..0'�1:: �Je a separate ;group because we are governed by City
7::_.r er �ectn _35' , whereas all :then city managers are not .
7-- see:;:s t2 ,-ace .s .... a rather _,.ni=jue. position in comparison
-:._ others . .l..il they may be more concerned with salary
cr eases we a,•J more -oncerned wi'h isstues eaiing with benefits
t;
�i'.._N1 \..o♦ r1-._� a),I���� r. C)l .L ♦ +)e Ziv 1 VJ our petition, 1 V was
.aseln genuine `.onc.erns we have with the SBCMA. It was
:;<-t. .;:ean` `c i, _.a�ie. lightly, the--e are roblems ti.at need to be
:addre3se.d and we think our proposed organization will be better
cirited to address those .•roblems.
^e\sr'pectful ly\Submitted,
"'.omaS I . Parlett
President SOMA ; interim)
Chauna rla--'�, rity Administrator
3arbara Dillon, Personnel Director