09-04-2012 - Approval of Class Specification and Salary Range f - Item 8 (2).pdfCity of West Covina
Memorandum
AGENDA
ITEM NO. 8
DATE: September 4, 2012
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Theresa St. Peter
Interim Human Resources Director
SUBJECT: APPROVAL OF CLASS SPECIFICATION AND SALARY RANGE FOR
COMMUNITY ENHANCEMENT COORDINATOR
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution regarding the proposed
class specification for Community Enhancement Coordinator.
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS
SPECIFICATION AND SALARY RANGE FOR COMMUNITY
ENHANCEMENT COORDINATOR
DISCUSSION:
At one time the Code Enforcement Division had four employees — 3 Community Enhancement
Officers and a Senior Community Enhancement Officer. Economic conditions have led to the
elimination of positions in this Division and the resignation of the Senior Community
Enhancement Officer in July 2011 has left only one Community Enhancement Officer to
complete all duties and responsibilities associated with code enforcement throughout the City of
West Covina.
The job description for Community Enhancement Officer differs from the Senior Community
Enhancement Officer in that the Senior Community Enhancement Officer trains and supervises
subordinate personnel, handles the more difficult issues, and researches appropriate laws, codes,
and regulations. Additionally, the Senior Community Enhancement Officer may appear before
City Council to explain code enforcement issues. However, the Community Enhancement
Officer must appear in Court to represent the City regarding code enforcement issues.
The Public Works Director has confirmed that the current Community Enhancement Officer has
assumed full responsibility for the City's code enforcement activities. We are not expected to
add additional personnel to perform code enforcement duties at least within the next one to two
years.
Therefore, it is recommended that the classification of Community Enhancement Coordinator be
established to more appropriately reflect the duties currently performed by the Community
Enhancement Officer. The proposed class specification for the position of Community
Enhancement Officer is attached for your review and approval.
Factors considered related to the salary range include internal alignment with the classification of
Senior Community Enhancement Officer in the event that in future years additional positions are
added back into this unit. In this case, the Senior Community Enhancement Officer
classification may once again be utilized. In keeping with this, the recommended salary range
for Community Enhancement Coordinator would be $4,720 - $5,737 per month. This reflects a
10% differential between the Coordinator and the Senior classifications.
HUMAN RESOURCES COMMISSION'S REVIEW:
At their Regular Meeting of August 8, 2012, the Human Resources Commission approved the
class specification for Community Enhancement Coordinator.
FISCAL IMPACT:
Sufficient funds are available within the Fiscal Year 2012/2013 Public Works Department
budget.
Prepared by:
Theresa St. Peter
Interim Human Resources Director
Attachment: Resolution Approving the Class Specification for Community Enhancement
Coordinator
Proposed Community Enhancement Coordinator Class Specification (Exhibit
Z: CC Class Spec Comm Enh Coord Staff Report
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICIATION
AND SALARY RANGE FOR COMMUNITY ENHANCEMENT OFFICER
WHEREAS, the Human Resources Commission has reviewed and approved the class
specification for Community Enhancement Officer.
NOW, THEREFORE, the City Council of the City of West Covina does resolve, determine
and order as follows:
SECTION 1. That the classification for Community Enhancement Officer, attached and
marked as "Exhibit A" is hereby adopted.
SECTION 2. That the salary range for Community Enhancement Officer shall be
$4,720 - $5,737 per month.
SECTION 3. The effective date of this Resolution is September 4, 2012.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED on this 4th day of September 2012.
Mayor Michael Touhey
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 4 th day of September, 2012 by the following
vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
Z:City Council:CC Comm Enh Coord Reso 090412
"EXHIBIT A"
CITY OF WEST COVINA GENERAL
CLASS SPECIFICATION
SEPTEMBER 2012
COMMUNITY ENHANCEMENT COORDINATOR
Job Summary
Under general supervision, patrols the City to locate violations
of Municipal Codes and regulations; interprets and explains laws
and .regulations to the general public to gain voluntary
compliance; issues notices and citations and recommends legal
prosecution of persons who fail to respond; appears before the
City Council to explain enforcement matters; and does related
work as required.
Essential Functions
1. Reports and investigates public complaints and City code
violations including property nuisances, debris
accumulation, unsafe structures, abandoned vehicles, and
zoning violations.
2. Patrols City and inspects housing conditions for compliance
with local health and safety code requirements and
regulations.
3. Researches appropriate laws., codes, and regulations.
4. Discusses conditions which violate City codes or regulations
with residents and property owners, and, when necessary,
initiates legal action to effect appropriate changes.
5. Conducts follow-up inspections to ensure that violators have
corrected conditions giving rise to the violation.
6. Prepares monthly reports on enforcement activities.
7. Works with other City departments and County and State
agencies related to Community Enforcement.
8. Coordinates Community Enforcement activities with the City
Prosecutor.
z:classspecs:Community Enhancement Coordinator
COMMUNITY ENHANCEMENT COORDINATOR
Page 2
OUALIFICATIONS
Required Knowledge
Knowledge of laws and ordinances, procedures, and methods used to.
gain voluntary or legal compliance of violations. Ability to
maintain close liaison with other City departments, county and
state offices; maintain current and accurate records and prepare
cases for court hearings; deal positively with people under
negative conditions; promote cooperation with and understanding
of City requirements; communicate effectively bothverbally and
in writing.
Experience: At least three years experience in enforcement of
codes and regulations. ,Municipal experience desirable.
Education: College coursework in public administration, urban
planning, sociology, psychology, or related fields are desirable.
License: Class C California Driver's License,
z:classspecs:Community Enhancement Coordinator
City of West Covina
Memorandum
AGENDA
ITEM NO. 9
DATE: September 4, 2012
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Theresa St. Peter
Interim Human Resources Director
SUBJECT: PETITION FOR FORMAL RECOGNITION AND
CHANGE OF REPRESENTATION OF THE
GENERAL EMPLOYEE BARGAINING UNIT
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution to officially recognize the
General Employee Bargaining Unit pursuant to Sections 2-212 through 2-217 of the West
Covina Municipal Code
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, OFFICIALLY RECOGNIZING
THE GENERAL EMPLOYEE BARGAINING UNIT
DISCUSSION:
Sections 2-212 through 2-217 of the West Covina Municipal Code describe the method by which
employee organizations are recognized. Specifically, Section 2-213 under Recognized employee
organization definition and 2-215 subsection (e) describes the process of how an organization
goes about being the majority representative of certain specified employees in a unit
(Attachment1).
The San Bernardino Public Employee Association (SBPEA) has represented the General
Employee Bargaining Unit since 1997. The General Employee Bargaining Unit filed a de-
certification petition with the Public Employment Relations Board (PERB) as they determined
they wanted to break away from SBPEA as their exclusive representative and represent
themselves. PERB conducted a vote of all bargaining unit members and has certified that the
West Covina General Employee Bargaining Unit is the exclusive representative of all employees
in the unit (Attachment 2 and 3).
The General Employee Bargaining Unit has been a recognized bargaining unit for a number of
years and at least since 1981 according to our records. Since that time, classifications have been
added and removed as other bargaining units were established within the City. Anytime
classifications were moved from this unit to another bargaining unit, the issue of community of
interest was addressed. As a result, there is no requirement for the Human Resources
Commission or the City Council to once again address the issue of whether the unit has a
community of interest as defined in the Municipal Code. Currently, there are a total of 39
classifications within the General Employee Bargaining Unit. The request for recognition
provides the information required per the Municipal Code Section 2-215 (Attachment 4)
HUMAN RESOURCES COMMISSION'S REVIEW:
At their Special Meeting of August 28, 2012, the Human Resources Commission approved the
request for recognition by the General Employee Bargaining Unit.
FISCAL IMPACT:
Recognition of the General Employee Bargaining Unit presents no fiscal impact to the City.
Theresa St. Peter
Interim Human Resources Director
Attachments: Sections 2-212 through 2-217 of the Municipal Code
Talley of Ballots — Representation Election
Certification of Representation
Petition for Recognition
Z: CC Gen Ee Barg Unit Recog Staff Report 092412
ATTACHMENT 1
§ 2-212 WEST COVINA CODE
Code of the state (sections 3500 et seq.) by pro- .
viding orderly procedures for the administration
of employer-employee relations between the city
and its employee organizations and for resolving
disputes concerning wages, hours and other terms
and conditions of employment.
(Code 1960, § 24-50)
Sec. 2-213. Definitions.
As used in this division:
Employee organization means any organiza-
tion which includes city employees and which has
as one of its primary purposes the representation
of such employees in their relations with the city.
Majority representative means a recognized em-
ployee organization that has been granted formal
recognition by the city council upon the recom-
mendation of the human resources board as rep-
resenting the majority of employees in an appro-
priate unit.
Mediation means the efforts of an impartial
third person functioning as an intermediary to
assist the parties in reaching a voluntary resolu-
tion of a dispute through interpretation, sugges-
tion and advice.
Meet and confer in good faith means that the
authorized representatives of the city and the
representatives of recognized employee organiza-
tions have the mutual obligation personally to
.meet at reasonable times and confer in order to
exchange freely information, opinions and propos-
als and to endeavor to reach agreement on mat-
ters within the scope of representation. The obli-
gation to meet and confer in good faith does not
compel the representatives of either party to
agree to a proposal or to make a concession.
Recognized employee organization means an
employee organization that has been formally
recognized as provided for herein by the city as an
employee organization that represents city em-
ployees. The rights accompanying recognition are
either:
(a) Formal recognition, which is the right to
meet and confer in good faith as the
majority representative in an appropriate
unit; or
(b) Informal recognition, which is the right to
consultation in good faith by all recog-
nized employee organizations.
(Code 1960, § 2451)
Sec. 2-214. Employee rights.
(a) Each city employee shall have the right to
form, join and participate in the activities of
employee organizations of his own choosing for
the purpose of representation on all matters of
employer-employee relations. Each city employee
shall also have the right to refuse to join or
participate in the activities of employee organiza-
tions and shall have the right to represent himself
individually in his employment relations with the
city.
(b) No person shall interfere with, intimidate,
restrain, coerce or discriminate against any em-
ployee because of his exercise of any of these
rights.
(Code 1960, § 2452)
Sec. 2-215. Recognition.
Every employee organization that desires rec-
ognition shall initially and annually, and not later
than thirty (30) days prior to the expiration of the
previous year's recognition, file with the city
manager for transmission to the human resources
board a declaration signed by its authorized offic-
ers. In the absence of a prior recognition, a
declaration shall be filed in July. Such declaration
shall be signed by the authorized officers contain-
ing:
(a) The name and mailing address of the
organization.
(b) The names and titles of its officers.
(c) The names of the representatives of the
organization who are authorized to speak
• on behalf of its city members.
(d) A statement that the organization in-
cludes city employees who are members
and who have designated the organiza-
tion to represent them and specifies the
total number of such employees.
(e) If applicable, a designation of the job
classifications or titles of those employees
Supp. No. 65 76
ADMINISTRATION § 2-216
in a proposed representation unit which
the employee organization claims to be
appropriate and the number of member
employees therein. The organization shall
request that the human resources • board
and the city council recognize the em-
ployee organization as the majority repre-
sentatives of the employees in the unit
claimed to be appropriate. The human
resources board may, subject to the ap-
proval of the city manager and the city
council, order that an independent audi-
tor be used and compensated by the city to
determine from the records of the em-
ployee organization the actual number of
employees included in the proposed rep-
resentation unit who are members of the
employee organization. If any employee
organization desiring recognition denies
the independent auditor access to its
records the human resources board shall
report to the city manager and city coun-
cil the number of members of the organi-
zationwhose dues are collected by payroll
deduction. This number will then be con-
sidered the official membership, in the
employee organization until such time as
the employee organization supplies the
necessary information through the inde-
pendent auditor.
(f) A statement whether the organization is a
chapter, or local of,. or affiliated with, a
regional, state, national or international
organization, and if so, the name and
address of each such affiliated organiza-
tion. The statement shall also include the
names of all other cities within the county
in which the organization has been recog-
nized for the purpose of representing em-
ployees of the city with respect to salaries,
wages and working conditions.
(g) A statement that the 'organization has, as
one of its primary purposes, representa-
tion of city employees in their employee
relations with the city. Certified copies of
the organization's constitution and by-
laws or any other documents which verify
this purpose shall be included as a part of
the declaration.
(h) A designation of those persons not exceed-
ing two (2) in number and their addresses
to whom notice sent by regular .-United
States mail will be deemed sufficient no-
tice to the organization for any purpose.
(i) A statement that the employee organiza-
tion recognizes that the provisions of sec-
tion 923 of the Labor Code are not appli-
cable to city employees.
(Code 1960, § 2453; Ord. No. 1449, § 1, 8-13-79;
Ord. No. 2098, § 3, 4-15-03)
Sec. 2-216. Determination of appropriate
unit.
(a) The human resources board, after review-
ing the petition filed by an employee organization
seeking formal recognition as majority represen-
tative, shall determine whether the proposed unit
is an appropriate unit. The principal criterion in
making this determination is whether there is a
community of interest among such employees.
The following factors, among others, are to be
considered in making such determination:
(1) Which unit will assure employees the
fullest freedom in the exercise of rights
set forth under this article.
(2) The history of employee relations:
(i) In the unit;
(ii) Among other employees of the city;
and
(iii) In similar public employment.
(3) The effect of the unit on the efficient
operation of the city and sound employer-
employee relations.
(4) The extent to which employees have com-
mon skills, working conditions, job duties
or similar educational requirements.
(5) The effect on the existing classification
structure of dividing a single classifica-
tion among two (2) or more units.
Provided, however, no unit shall be established
solely on the basis of the extent to which employ-
ees in the proposed unit have organized.
Supp. No. 65 77
§-2-216 WEST COVINA COPE
(b) In the establishment of appropriate units:
(1) Professional employees shall not be de-
nied the right to be represented sepa-
rately from nonprofessional employees;
and
(2) Supervisory, management or confidential
employees shall not be included in the
same unit with nonsupervisory, nonman-
agement or nonconfidential employees for
purpose of meeting and conferring, nor
may they represent such employees on
matters within the scope of representa-
tion.
(Code 1960, § 2453.5; Ord. No. 2098, § 3, 4-15-03)
Sec. 2-217. Recognition by city council.
If the human resources board determines that
an employee organization which has applied for
recognition under this division does in fact repre-
sent city employees and the declaration required
by this division contains the information required
by section 2-215, the board shall recommend to
the city manager and city council that the city
council officially recognize the organization and
shall specify the level of recognition, recom-
mended and the representation units, if any, in
which the employee organization represents a
majority of the employees.
(Code 1960, § 2454; Ord. No. 2098, § 3, 4-15-03)
Sec. 2-218. List of recognized organizations.
The city clerk shall maintain a current list of
recognized employee organizations. Recognition
shall be effective for twelve (12) months following
the date of official action by the city council.
(Code 1960, § 2455; Ord. No. 1449, § 2, 8-13-79)
Sec. 2-219. Suspension or withdrawal of rec-
ognition.
• (a) The city council, upon the recommendation
of the city manager and the human resources
board, shall suspend or withdraw recognition
from any employee organization if the city council
finds that the representatives or members of the
organization have engaged in, caused, instigated,
encouraged or condoned a work stoppage of any
kind.
(b) As used in this section, "work stoppage"
means the concerted failure to report for duty, the
willful absence from one's position, the stoppage
of work, or the abstinence in whole or in part from
the full, faithful and proper performance of the
duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions
of compensation or the rights, privileges or obli-
gations of employment.
(Code 1960, § 2456; Ord. No. 2098, § 3, 4-15-03)
Sec. 2-220. City representative.
(a) In addition to his other duties it shall be
the duty of the city manager to meet at reason-
able times and confer in good faith with represen-
tatives of recognized employee organizations re-
garding wages, hours and other terms and
conditions of employment.
(b) Meetings with respect to wages, hours and
employee benefits constituting a part of compen-
sation shall commence not later than one hun-
dred fifty (150) days prior to the expiration of any
memorandum of understanding. In the absence of
a memorandum of understanding, such meetings
shall commence not later than August first of the
year.
(Code 1960, § 2457; Ord. No. 1449, § 3, 8-13-79)
Sec. 2-221. Requests for meetings.
If the representatives of a recognized employee
organization desire to meet with the city man-
ager, they shall make their request in writing and
specify the matters to be discussed. Upon the
receipt of the request a mutually satisfactory time
and place shall be arranged for the meeting. Only
those matters specified in the notice may be
discussed at the meeting. Other matters may be
discussed by mutual consent of all of the repre-
sentatives present.
(Code 1960, § 2458)
Sec. 2-222. Memoranda of understanding.
(a) If agreement is reached with respect to any
matter considered at any meeting, the city man-
ager, with the assistance of the city attorney, and
the representatives of the recognized employee
organization, shall jointly prepare a written mem-
Supp. No. 65 78
ATTACHMENT 2
State of California
Public Employment Relations Board
TALLY OF BALLOTS - REPRESENTATION ELECTION
Case No.: LA-DP-381 -M
Unit: General Unit
Employer: City of West Covina
Date(s) of Election: July 17, 2012— August 7,2012
Date of Tally: August 8, 2012
Type of Election: Consent Agreement/RD Directed/Runoff
1. Approximate number of eligible voters
2. Void ballots
3. Votes cast for SBPEA
4. Votes cast for West Covina General Employees Bargaining Group
5. Votes cast for
6. Votes cast for no representation
7. Valid votes counted (sum of 3, 4, 5, and 6) 29
8. Challenged ballots 0
9. Valid votes counted plus challenged ballots (sum of 7 and 8)
10. Challenges are/are not sufficient to affect the results of the election.
11. A majority of the valid votes counted plus challenged ballots (item 9) has/has not been cast for:
t/U-LS1- (DO Cy, ‘'`A- 6- <-(-QEs 0(16,• Gir-0
For PERB
The undersigned acted as authorized observers in the counting and tabulating of the ballots indicated above. We
hereby certify that the counting and tabulating were fairly and accurately done, that the secrecy of the ballots was
maintained, and that the results were as indicated above. We also acknowledge service of this tally.
40
For West Covi
Barg
EiT -gEmployees
ini g Group
For City of West Covina For
/1 0 7,1 fl
For SBPEA
Valerie Pike Racho
(Type or print name) (Signature)
PROOF OF SERVICE
I declare that I am a resident of or employed in the County of Los Angeles,
California, I am over the age of 18 years and not a party to the within entitled cause. The
name and address of my residence or business is Public Employment Relations Board,
700 North Central Avenue, Suite 200, Glendale, CA 91203-3219.
On August 8, 2012, I served the TALLY OF BALLOTS regarding Case N
LA-DP-381-M on the parties listed below by
placing a true copy thereof enclosed in a sealed envelope for collection and
delivery by the United States Postal Service or private delivery service following
ordinary business practices with postage or other costs prepaid,
personal delivery.
facsimile transmission in accordance with the requirements of PERB
Regulations 32090 and 32135(d).
Ron Garcia, President
West Covina General Employee Bargaining Group
1444 West Garvey Avenue
West Covina, CA 91790
Christopher H. Conti, Attorney
Hayes & Cunningham, LLP
3258 Fouth Avenue
San Diego, CA 92103
Theresa St. Peter, Interim Human Resources Director
City of West Covina
1444 W. Garvey Ave.
West Covina, CA 91790
I declare under penalty of perjury that the foregoing is true and correct and that
this declaration was executed on August 8, 2012, at Glendale, California.
ATTACHMENT 3
STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
CITY OF WEST COVINA,
Employer, I Case No, LA-DP-381-M
and
WEST COVINA GENERAL EMPLOYEE
BARGAINING GROUP,
Employee Organization,
and
SAN BERNARDINO PUBLIC EMPLOYEES
ASSOCIATION,
Employee Or anization.
CERTIFICATION OF REPRESENTATIVE
An election having been conducted in the above-captioned matter by the Public Employment
Relations Board in accordance with the Regulations of the Board; and it appearing from the
Tally of Ballots that a majority of the valid ballots were cast for the West Covina General
Employee Bargaining Group, therefore,
Pursuant to the authority vested in the undersigned by the Public Employment Relations Board,
IT IS HEREBY CERTIFIED as of August 21, 2012, that the West Covina General Employee
Bargaining Group is the exclusive representative of all employees in the unit set forth below:
Title of Unit: General Unit
Shall INCLUDE: All full-time salaried non-management and non-mid-management
General Unit employees,
Shall EXCLUDE: Employees designated as confidential, executive, management,
mid-management, or hourly.
Signed at Glendale, California on August 21, 2012
On behalf of the
PUBLIC EMPLOYMENT RELATIONS BOARD
Valerie Pike Racho
Regional Attorney
(Signature)
PROOF OF SERVICE
I declare that I am a resident of or employed in the County ofLos Angeles, California.
I am over the age of 18 years and not a party to the within entitled cause, The name and
address of my residence or business is Public Employment Relations Board, 700 North Central
Avenue, Suite 200, Glendale, CA 91203-3219.
On August 21, 2012, I served the CERTIFICATION OF REPRESENTATIVE
regarding Case No. LA-DP-381-M on the parties listed below by
X placing a true copy thereof enclosed in a sealed envelope for collection and
delivery by the United States Postal Service or private delivery service following ordinary
business practices with postage or other costs prepaid.
personal delivery.
facsimile transmission in accordance with the requirements of PERB Regulations
32090 and 32135(d),
Ron Garcia, President
West Covina General Employee Bargaining Group
1444 West Garvey Avenue
West Covina, CA 91790
Christopher H. Conti, Attorney
Hayes & Cunningham, LLP
3258 Fourth Avenue
San Diego, CA 92103
Theresa St, Peter, Interim Human Resources Director
City of West Covina
1444 W. Garvey Ave.
West Covina, CA 91790
I declare under penalty of perjury that the foregoing is. true and correct and that this
declaration was executed on August 21, 2012, at Glendale, California,
Valerie Pike Radio
(Type or print name)
ATTACHMENT 4
PETITION FOR RECOGNITION
WEST COVINA GENERAL EMPLOYEE BARGAINING GROUP
August 28,2012
A. The name of the organization requesting recognition is the West Covina
General Employee Bargaining Group (WCGEBG).
B. The names and titles of the officers of the West Covina General Employee
Bargaining Group are as follows:
Ron Garcia President
Julie Velasquez Vice-President
Sherry Sinclair Secretary
Monika Wilson Treasurer
C. The following individuals are authorized to speak on behalf of the West
Covina General Employee Bargaining Group:
Ron Garcia President
Julie Velasquez Vice-President
D. The West Covina General Employee Bargaining Group membership includes
39+ employee of the City of West Covina who have designated this
organization to represent them in matters of employer-employee relations.
E. The West Covina General Employee Bargaining Group claims that the
existing bargaining group recognized by the City as an appropriate unit is the
bargaining unit being petitioned for ad is an appropriate unit with a strong
community of interest among the employee in classifications therM.
WCGEBG believes the classifications enumerated in "Attachment A" make
up this appropriate unit.
1. It is requested that the West Covina Human Resources
Commission and the West Covina City Council recognize
the West Covina General Employee Bargaining Group as
the majority representative of the employee in the
bargaining unit described above and in "Attachment A".
F. The West Covina General Employee Bargaining Group is an independent
labor organization and is not a chapter of or affiliated with any other labor
organization.
G. The primary purpose of the West Covina General Employee Bargaining
Group is the representation of its members in matters of employee relations
with the City if West Covina. A certified copy of the Bylaws of the West
Covina General Employee Bargaining Group is included with this petition
(Attachment B).
H. Notice by U.S. Mail to the West Covina General Employee Bargaining Group
may be sent to:
West Covina General Employee Bargaining Group
1444 W. Garvey Avenue
West Covina CA, 91790
Attention: Ron Garcia
I. The West Covina General Employee Bargaining Group recognizes that
section 923 of the Labor Code is not applicable to city employee.
ATTACHMENT B
BYLAWS
WEST COVINA GENERAL EMPLOYEE BARGAINING GROUP
ADOPTED AUGUST 28, 2012
ARTICLE 1— NAME OF ORGANIZATION
SECTION 1: The name of the organization shall be the WEST COVINA
GENERAL EMPLOYEE BARGAINING GROUP (VVCGEBG).
ARTICLE 2— OBJECTIVE
SECTION 1: The objective and purpose of this organization shall be to promote
cooperation between employee in the job classifications represented
by WCGEBG, to provide for mutual protection, to encourage and
improve professionalism, to maintain and improve job safety, working
conditions, and career advancement of the membership.
SECTION 2: One of the primary purposes of WCGEBG is the representation of its
members in matters of employer-employee relations with the City of
West Covina.
ARTICLE 3— MEMBERSHIP
SECTION 1: Regular membership is available to any employee of the City in a job
classification within a bargaining unit represented by WCGEBG.
SECTION 2: Applications for membership shall be made on the appropriate form
acceptable by the City for payroll deduction of WCGEBG dues. No
representation in matters of employer-employee relations shall be
provided by WCGEBG to any member delinquent in the payment of
dues or for any matters including disciplinary appeal, the genesis for
which existed prior to becoming a member of WCGEBG. The
WCGEBG Board of Directors may consider any request for
representation not consistent with this section on a case-by-case basis.
SECTION 3: Resignations from WCGEBG may be accomplished by canceling
payroll deduction of dues in accordance with the provisions of the
memorandum of understanding and any agency shop agreement
between the City and WCGEBG and by submitting a written
advisement of resignation to any WCGEBG Board member.
Non-members within the bargaining unit may still be required to pay
an agency shop fee pursuant to the Agency Shop agreement between
WCGEBG and the City.
Page 2
SECTION 4: Reinstatement of membership may be accomplished by making
application to the WCGEBG Board of Directors. The Board of
Directors may place limitations, restrictions, and/or assessments as a
condition of reinstatement on a case-by-case basis.
SECTION 5: WCGEBG has no restrictions on membership based on race, color,
creed, sex, national origin, age, political affiliation, religion, marital
status, ancestry, medical condition, physical handicap, or sexual
preference.
SECTION 6: Any bargaining unit employee off of payroll due to a leave of absence
or who does not have dues or agency shop fee deductions from his/her
pay check while still an employee of the City is responsible for the
manual payment of dues or agency shop fees and must make
arrangements with the WCGEBG Secretary/Treasurer to pay said
dues or agency shop fees monthly in advance.
ARTICLE 4— OFFICERS AND DIRECTORS
SECTION 1: The WCGEBG Board of Directors shall consist of four officers from
the WCGEBG membership. The officers shall be President, Vice-
President, Secretary and Treasurer.
SECTION 2: ELECTIONS
A. Board of Directors elections shall take place in February of even
numbered years with the new Board members taking office
immediately following their election. Nominations shall be made
during the proceeding month of January. An election committee of
three non-board members shall be appointed by the President to
secure nominations and conduct the election.
SECTION 3: Vacancies that occur during a board member's term shall be
filled by appointment of the President or Vice-President if the vacancy
is in the office of President with the approval of the remaining Board
members. The appointed officer shall fill the remaining term of the
office appointed to and may run for office during the next regular
election.
SECTION 4: Any WCGEBG member in good standing may be elected to the Board
of Directors or appointed to fill a vacancy pursuant to Section 3
above.
Page 3
SECTION 5: The recall of a Board Officer may be accomplished as follows:
A. A recall petition consisting of a statement of charges against a
Board Officer or Officers accompanied by signatures of at least 15
current members dated within 30 days of presentation shall be
delivered to the Board of Directors.
B. Upon receipt of a valid recall petition the Board shall appoint a 2
member committee of members not named in the recall petition.
The committee shall perform the following tasks:
1. verify the petition and signatures
2. investigate the charges
3. issue a statement of findings
4. the committee members shall conclude their tasks within 30
calendar days
C. Upon verification of the petition and completion of the assigned
tasks in B above the Board of Directors shall cause a recall vote of
the membership to take place within 15 calendar days.
D. A two-thirds affirmative vote of ballots cast shall be required to
remove a Board member from office by recall.
E. Vacancies created by recall shall be filled in accordance with
Article 4 Section 3 of the bylaws.
SECTION 6: Duties of Officers
A. President
1. serves as voting member of the Board and presides over all
association meetings
2. appoint committee chairpersons and establish committees
as needed
3. may serve on negotiating team
4. signatory on association bank accounts and other official
documents
5. executes duties normal to the chief executive officer of a
public sector employee organization including calling for
board and membership meetings.
6. maintains association files and records
7. prepares and distributes meeting notices
Page4
B. Vice-President
1. executes the duties of the President in his/her absence
2. may serve on negotiating team
3. countersigns checks and drafts as one of three authorized
signatories on association bank accounts
4. assists President as in attending to Association business
5. serves as voting member of Board of Directors
C. Secretary
1. records minutes of board, membership, and special
meetings
2. reads minutes of meetings as requested
3. may serve on negotiating team
4. serves as voting member of Board of Directors
D. Treasurer
1. countersigns as one of three authorized signatories on
association banks accounts.
2. accepts, collects, and deposits all association monies in
approved banks, depositories, and credit unions
3. prepares and countersigns checks and drafts for payment of
association bills and properly authorized expenditures
4. prepares and presents association financial report at
meetings
5. maintains membership dues payment records
6. may serve on negotiating team
7. serves as voting member of Board of Directors
ARTICLE 5— MEETINGS
SECTION 1: The Board of Directors shall meet at least 4 times per calendar year.
Meetings shall be called by the President or by any two board
members. The Board of Directors may meet periodically during
normal work hours pursuant to an agreement with the City and
approval of the City Manager.
SECTION 2: Membership meetings shall be held at least once per calendar year.
Membership meetings may be called by the President and one Board
Member or by any 15 WCGEBG members in good standing in the
form of a signed request to the Board of Directors.
SECTION 3: Notice must be posted at least 7 calendar days prior to a membership
meeting. Written notice of a board meeting must be given to any
Board member not present at the scheduling of the next board
meeting at least 3 calendar days prior to said meeting.
Page 5
ARTICLE 6— COMMITTEES
SECTION 1: The President shall be charged with the responsibility of making
committee appointments. Any WCGEBG member in good standing
may serve on a committee.
ARTICLE 7— PARLIAMENTARY AUTHORITY
SECTION 1: The Parliamentary authority of this association shall be the current
edition of Robert's Rules of Order.
ARTICLE 8— AMEMDMENTS
SECTION 1: These bylaws may be amended by a majority vote of the eligible
voting members at a meeting called pursuant to the provisions of
these bylaws.
ARTICLE 9— MANNER OF ACTING
SECTION 1: The act of a majority of the WCGEBG Board of Directors present at
a meeting at which a quorum is established shall be the act of the
Board of Directors, unless the act of a greater number is required by
law or these bylaws.
ARTICLE 10— QUORUM
SECTION 1: A simple majority of the Board of Directors shall constitute a quorum for a
board meeting.
SECTION 2: A majority of the Board of Directors plus 10 members shall constitute
a quorum for a membership or special meeting. Proxies may be used to
establish a quorum at any meeting called pursuant to these bylaws.
ARTICLE 11— ACTION WITHOUT A MEETING
SECTION 1: Any action of the Board of Directors may be taken without a meeting
if all the members of the Board individually or collectively consent.
Such consent shall be noted in the minutes of the next meeting.
ARTICLE 12— COMPENSATION AND EXPENSE
SECTION 1: All members of the Board of Directors shall serve without pay
or compensation. The Board of Directors may provide for expenses
incurred at meetings other functions related to WCGEBG business.
Page 6
ARTICLE 13— LIABILITY
SECTION 1: The members of the Board of Directors shall not be personally
liable for the debts, liabilities, or obligations of WCGEBG.
ARTICLE 14— CONTRACTS, CHECKS, DEPOSITS, AND REFUNDS
SECTION 1: The Board of Directors may authorize any Officer of WCGEBG to
enter into any contract or agreement and to execute and deliver any
instrument in the name of and on behalf of WCGEBG. Such
authority may be general or confined to specific instructions.
All checks, drafts, or orders for payment of money, notes, or other
evidence of indebtedness issued in the name of WCGBG shall be
signed by such officers or agents of WCGEBG and in such manner as
shall be determined by resolution of the Board of Directors.
In the absence of such determination, any two of three authorized
signatories pursuant to these bylaws shall sign all checks.
SECTION 2: All funds of WCGEBG shall be deposited to the credit of WCGEBG
in such banks and other depositories as authorized by the WCGEBG
Board of Directors.
SECTION 3: The Treasurer shall be empowered to issue checks for
payment of all regular WCGEBG obligations including professional
representation retainers approved by the Board of Directors. All
other checks shall be issued pursuant to the direction of the
WCGEBG Board of Directors acting on behalf of the membership.
SECTION 4: Other than the payment of regular and routine expenses and
obligations as described in section 3 above, the WCGEBG Board of
Directors shall be authorized to spend up to five hundred dollars
($500.00) on approval of a majority of the Board of Directors.
Said expenditures must be directly related to WCGEBG business.
Any other expenditure in excess of $500 that is not for regular and
routine expense shall require membership approval in advance.
SECTION 5: An audit of the WCGEBG books shall be conducted at least once
every two calendar years and whenever a new Treasurer takes office.
ADOPTED THIS DAY OF AUGUST 2012
BYLAWS CERTIFICATION
1 : Sherry Sinclair do herby under penalty of pedury that the bylaws attached to the
Petition for Recognition of the :West Covina General Employee.; Bargaining Group is a
true, accurate, and complete copy of this organization's bylaws to the best of my
knowledge.
Signed this (2-g day of August 20] 2
By:
Slierry Sc1 air. WCGEBG Secretary
Jió lie N'ela'aeffiez. -VVCGEBG Vice-President
WCGEBG Treasurer
PARTIES TO THIS AGREEMENT
IN WITNESS WHEREOF, the part i e.rn have executed this 28 of August
2J( %.-.4he-Bylaws for the est _,ovini General'Etuployees Bar gaining Group.
1 1
Garcia, WCGELBL—PresiclenT
By:
By: / / /
iShen-y Sinclair, WCGEBG Secretary
ATTACHMENT C
STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
CITY OF WEST COVINA,
Employer,
and
WEST COVINA GENERAL EMPLOYEE
BARGAINING GROUP,
Employee Organization,
and
SAN BERNARDINO PUBLIC EMPLOYEES
ASSOCIATION,
Employee Organization.
Case No. LA-DP-381-.M
CERTIFICATION OF REPRESENTATIVE
An election having been conducted in the above-captioned matter by the Public Employment
Relations Board in accordance with the Regulations of the Board; and it appearing from the
Tally of Ballots that a majority of the valid ballots were cast for the West Covina General
Employee Bargaining Group, therefore,
Pursuant to the authority vested in the undersigned by the Public Employment Relations Board,
IT IS HEREBY CERTIFIED as of August 21, 2012, that the West Covina General Employee
Bargaining Group is the exclusive representative of all employees in the unit set forth below:
Title of Unit: General Unit
Shall INCLUDE: All full-time salaried non-management and non-mid-management
General Unit employees.
Shall EXCLUDE: Employees designated as confidential, executive, management,
mid-management, or hourly.
Signed at Glendale, California on August 21, 2012
On behalf of the
PUBLIC EMPLOYMENT RELATIONS BOARD
• Valerie Pike Racho
Regional Attorney
(Type Or print name)
Valerie Pike Racho
(Signature)
PROOF OF SERVICE
I declare that I am a resident of or employed in the County oftos Angeles, California.
am over the age of 18 years and not a party to the within entitled 'cause. The name and
address of my residence or business is Public. Employment Relations Board, 700 North Central
Avenue, Suite 200, Glendale, CA 91203-3219.
On August 21, 2012,1 served the CERTIFICATION OF REPRESENTATIVE
regarding Case No. LA-DP-381-M On the parties listed below by
X placing a true copy thereof enclosed in a sealed envelope for collection and
delivery by the United States Postal Service or private delivery service following ordinary
business practices with postage or other costs prepaich
personal delivery. .
facsimile transmission in accordance with the requirements of PERB Regulations
32090 and 32135(d),
Ron Garcia, President
West Covina General Employee Bargaining Group
1444 West Garvey Avenue
West Covina, CA 91790
Christopher H. Conti, Attorney
Hayes & Cunningham, LLP
3258 Fourth Avenue
San Diego, CA 92103
Theresa St, Peter, Interim Human Resources Director
City of West Covina
1444 W. Garvey Ave.
West Covina, CA 91790
I declare under penalty of perjury that the foregoing is. true and correct and that this
declaration was executed on August 21, 2012, at Glendale, California, •
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, OFFICIALLY RECOGNIZING THE GENERAL
EMPLOYEE BARGAINING UNIT
WHEREAS, Sections 2-212 through 2-217 of the West Covina Municipal Code describe
the method by which employee organizations are recognized;
WHEREAS, the General Employee Bargaining Unit has complied with the required•
procedures and filed a de-certification petition with the Public Employment Relations Board
(PERB) to break away from the San Bernardino Public Employee Association for representation
purposes;
WHEREAS, PERB conducted a vote of all bargaining unit members and has certified
that the West Covina General Employee Bargaining Unit is the exclusive representative of all
employees in the unit;
WHEREAS, the Human Resources Commission has approved the request for recognition
by the General Employee Bargaining Unit;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Covina does
resolve, determine and order the official recognition of the General Employee Bargaining Unit.
APPROVED AND ADOPTED on this 4th day of September 2012.
Mayor Michael Touhey
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 4 th day of September, 2012 by the following
vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
Z:CC Gen Ee Barg Unit Recog Reso 090412