01-16-1996 - 1995/96 Petitions of Formal Recognition - WC Mid-Management Assoc. & WC Confidential/Exempt Assoc.City of West Covina
Memorandum
TO:
FROM:
SUBJECT:
SUMMARY:
City Manager and City Council
Personnel Services Department
AGENDA
ITEM NO. J-1
DATE 01-16-96
SPRINTED ON RECYCLED PAPER
1995-96 PETITIONS OF FORMAL RECOGNITION
- WEST COVINA MID-MANAGIIVIENT ASSOCIATION
- WEST COVINA CONFID ASSOCIATION
Official recognition by the City Manager and the City Council of two employee
organizations, West Covina Mid -Management Association and West Covina
Confidential/aempt Association, is necessary for the purpose of official representation
during contract negotiations.
BACKGROUND
Pursuant to laws governing California public sector employer -employee relations, determinations as to
the appropriateness of representation units are made by public agency employers.: Sections 2-215,
2-216 and 2-217 of the West Covina Municipal Code describe the method by which employee
organizations are recognized in the City (Attachment A). The Code requires that the Personnel
Commission review (Petitions of Recognition submitted by employee organizations and determine
whether proposed units are an "appropriate unit" based upon a community of interest among such
employees. After such determination, the Personnel Commission recommends official recognition be
made by the City Manager and City Council.
1W41 s�
On December 13, 1995 the Personnel Commission received and reviewed two Petitions of
Recognition, from the West Covina Mid -Management Association (Attachment B), and the West
Covina ConfidentiaUExempt Association (Attachment C). The two employee organizations consist of
classifications whicli have not bargained as a unit in previous contract discussions. The Mid -
Management Association represents previously non -represented managers with the exception of Police
and Fire Managers .and Department Heads. The ConfidentiaUExempt Association represents
previously non -represented employees who provide administrative aA,11 clerical support for
management.
Pursuant to Municipal Code 2-216, the Commission. A.etermined that, based upon community of
interest, general field of work, and history of repre_ntation, each unit was appropriate. The
Commission f irther made recommendation that the City Manager and City Council recognize each
employee organization as the exclusive representative for specified classifications pursuant to
Municipal Code 2-217. This procedure is. consistent with past practice preceding the start of meet and
confer -with employee groups.
Technically, pursuant to Municipal Code provisions, such petitions for new associations should. be
filed in July. It is staffs recommendation to provide recognition at this time to facilitate continued
good working relationships between the employees seeking representation and the City.
RECOAEMU RATION
It is the finding of the Personnel Commission that the West Covina Mid -Management Association and
the West Covina Confidential/Exempt Association constitute appropriate units pursuant to Municipal
Code, and it is recommended that the City Council officially recognize such Associations for the
purpose of bargaining for the employees within those units.
Diane F. Ure,
Director
on: word: nVW4n.=
Majority representative means a recognized
employee organization that has been granted
formal recognition by the city council upon
the recommendation of the personnel board
as representing the majority of employees in
an appropriate unit.
Mediation means the efforts of an impartial
third person 'functioning as an intermediary
to assist the parties in reaching a voluntary
resolution of a dispute through interpretation,
suggestion and advice.
Meet and confer in good faith means that
the authorized representatives of the city and
the representatives of recognized employee
organizations have the mutual obligation
personally to meet at reasonable times and
confer in order to exchange freely informa-
tion, opinions and proposals and to endeavor
to reach agreement on matters within the
scope of representation. The obligation 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 employees. The rights accom-
panying recognition are either:.
(a) Formal recognition, which is the right to
meet and . confer in good faith as the
ni ljority representative in an appropriate
r °_:,it; or
(b) * Informal recognition, which is the right
to consultation in good faith by all
recognized 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 choos-
ing 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 organizations and shall have the
Supp. No. 1
I .
right to represent himself individually in his,
employment relations with the city.
(b) No person shall interfere with, in-
timidate, restrain, coerce or discriminate
against any employee because of his exercise
of any of these rights. (Code 1960, •§ 2452)
Sec. 2-215. Recognition.
Every employee organization that desires
recognition shall initially and annually, and
not later than thirty (30) days prior to the
expiration of the previous year's .recog-
nition, file with the , city manager for
transmission to the personnel board a declar-
ation signed by its authorized officers. 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
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 personnel board and the
city council recognize the employee organ-
ization as the majority representatives of
the employees in the unit cloimed to be
appropriate. The personnel boars} may,
subject to the approval of the city
manager and the city council, order that
an independent auditor be used and
compensated by the city to determine..
from the records of the employee organi-
Z .
?6
C
r
N.
1
ADMINISTRATION •
§ 2-216
zation the actual number of employees
included in the proposed representation
unit who are members of the employee
organization. If any employee organiza-
tion desiring recognition denies the inde-
pendent auditor access to its records the
personnel board shall report to the city
manager and city council the number of
members of the organization whose dues
are collected by payroll deduction. This
number will then be considered the
official membership in the employee
organization until such time as the
employee organization supplies the neces-
sary information through the independ-
ent auditor.
(f) A statement whether the organization is a
chapter, or locale of, or affiliated with, a
regional, state, national or international
organization, and if so, the name and
address of eachsuch affiliated organiza-
tion. The statement shall also include the
names of all other cities within the
county in which the organization has
been recognized for the purpose of rep-
resenting employees 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 organizations 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
exceeding two (2) in number and their
addresses to whom notice sent by regular
United States mail will be deemed suffi-
cient notice to the organization for any
purpose.
(i)
A statement that the employee organiza-
tion recognizes that the provisions of
section 923 of the Labor Code are not e.
applicable to city employees. (Code 1960, §
2453; Ord. No. !1449, § 1, 8-13-79)
Supp. No. 1
Sec. 2-216. Determination of appropri-
ate unit.
(a) The personnel board, after reviewing the
petition filed. by an employee organization
seeking formal recognition as majority rep-
resentative, shall determine whether the
proposed unit is an appropriate unit. The
principal criterion in making this determina-
tion 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 employ-
er -employee relations.
(4) 'The extent to which employees have
common skills, working conditions, job
duties or similar educational require-
ments.
L
77
(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 estab-
lished solely on the basis of the extent to
which employees in the proposed unit have
organized.
(b) In the establishment of appropriate
units:
(1) Professional employees shall not be
denied the right to be represented sepa-
rately frc�::n 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
§ 2-216 WEST COVINA CODE
purpose of meeting and conferring; nor
may they represent such employees on
matters within the scope of representa-
tion. (Code 1960, § 2453.5)
Sec. 2-217. Recognition by city council.
If the personnel board determines that an
employee organization which has applied for
recognition under this division does' in fact
represent city employees and the declaration
required by this division contains the in-
formation 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 recommended and the
representation units, if any, in which the
employee organization represents a majority
of the employees. (Code 1960, § 2454)
Sec. 2-21.8. List of recognized organiza-
tions.
The city clerk shall maintain a current list
of recognized employee organizations. Recog-
nition 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
recognition.
(a) The city council, upon the recommenda-
tion of the city manager. and the personnel
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 con-
doned a work stoppage of any kind.
(b) As used in this section, "work stop-
page" means the concerted failure to rel- .;rt
for duty, the willful absence from c-:e'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
Supp. No. 1
78
conditions of compensation or the rights,
privileges or obligations of employment.
(Code 1960, § 2456)
Sec. 2-220. City representative.
(a) In addition to his other duties it shall be
the duty of the city manager to meet at
reasonable times and confer in good faith
with representatives of recognized employee
organizations regarding wages, hours and
otherterms and conditions of employment.
(b) Meetings with respect to wages, hours
and employee benefits constituting a part of
compensation shall commence not later than
one hundred fifty (150) days prior to the
expiration of any memorandum of under-
standing. In the absence of a memorandum
of understanding, such meetings shall com-
mence 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 manager, 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 representatives
present. (Code 1960, § 2458)
Sec. 2-222. Memoranda of understand-
ing.
(a) If agreement is reached with respect to
any matter considered at any meeting, the
city manager, with the assistance of the city
attorney, and the representatives of the
recognized employee organization, shall joint-
ly prepare a written memorandum of such
understanding which shall not be binding
and shall present it to the city council for
determination.
l
• ATTACHMENT B
WEST COVINA MID MANAGEMENT
ASSOCIATION
November 6, 1995 .
TO: James Starbird, City Manager
Diane.Ure, Personnel Director
FROM: West Covina Mid -Management Association
SUBJECT: REQUEST FOR FORMAL RECOGNITION
This declaration is being filed in accordance with Article V, Division 2, Sections 2-212
W.C.M.C. in order to request formal recognition of.the newly established West Covina Mid -
Management Association.
• The name of the Association shall be the West Covina Mid -Management Association
(WCMMA). The mailing address shall be 1444 W. Garvey Avenue, West Covina, CA
91790.
• The officers of the WCMMA are:
President - Diann Paul
Vice President - Henry Dove
Secretary - Jacquduxe Anello
7 i-easurer Margaret Tucker
They shall be authorized to speak on behalf of its members.
• The WCMMA includes mid -management employees who are members and who have
designated the organization to represent them.
• The WCMMA is comprised of various mid -management employees who request the
Personnel Commission and the City Council recognize the West Covina Mid -Management
Association as the majority representatives of the employees in the unit.
• The WCMMA is not a chapter, local of, or affiliated with any regional, state, national or
international orga!•,;.zation.
• The.WCMMA has, as one of its primary purposes, representation of city employees in their
employee relations with the City. A copy of the associations' initial by-laws and
membership list ,is attached.
• Receipt of regular United States mail by the designated President or Vice President of the
WCMMA shall be deemed sufficient notice to the Association for any purpose.
• The WCMMA recognizes the provisions of Section 923 of the Labor Code are not applicable
to the city employees.
Diann Paul,
Henry Dove, Vice President
r
Anello, Secretary Margaret Tucker, Treasurer
BY-LAWS
WEST COVINA MID-MANAGEMENTASSOCIATION
ARTICLE 1- NAME
Section 1.01 - Name: The name of this association shall be the West Covina Mid -
Management Association.
ARTICLE II - PURPOSE
Section 2.01 - Purpose: The purposes for which this Association is formed are:
A. To promote a closer bond of fraternity among the members of the West Covina
Mid -Management employee classification;
B. to protect and defend the rights of its members;
C. to represent its members in their relationships with the City, and conduct for its
members all negotiations with the City in respect to hours, wages, benefits, etc.
ARTICLE III - OFFICE
Section 3.01 - Offices: The principal office of the association for the transaction of its
business shall be located in the City of West Covina, County of Los Angeles, State of
California. The association may add such other offices, anywhere situated, as the Board
of Directors may determine and as the affairs of the association may from time to time
.require.
ARTICLE IV - MEMBERS
Section 4.01 - Class of Members: The association shall be comprised of employees of the
mid -management classification of the City of West Covina. Each member shall be
entitled to one (1) vote on each matter submitted to a vote of the members and shall have
al.,-. _a'-�e rights and privileges as provided in these By -Laws.
Section 4 FI - Properly Right=: No member shall be considered the owner of any
property held by the Association except as provided for in the Articles of this document.
ARTICLE V - OFFICERS
Section 5.01 Number and Title- The officers of the Association shall be President, Vice
President, Secretary, and Treasurer.
Section 5.02 - President: The President shall be the chief executive officer oft?
Association and shall, subject to the control of the association, supervise anC';ontrol the
affairs of the Association. The President shall perform all duties incident to the office
and.such other duties as may be required by State Laws or by the By=Laws. The
President shall preside at all meetings of the, members of the Association. Except as
otherwise expressly provided by law or by these By -Laws, he shall, in the name of the
A: ;ociation, execute such contracts, checks or other instruments which may from time to
time be authorized by the Association. The President shall declare results of all. elections
and appoint members to all committees formed .by the Association.
5.03 - Vice President: In the absence of the President or in the event of his inability or
refusal to act, the Vice President shall perform all the duties of the President, and when
so acting shall have all the powers of, and have such other powers and perform such
other duties as may be prescribed by law or by these By -Laws, or as may be prescribed'
by the Association or the President.
5.04 - Secr tare: The Secretary shall keep the minutes of the meetings of the
members of the Association in one or more books provided for that purpose; see that all
notices are duly given in accordance with the provisions of these By -Laws or as required
by Law; and in general perform all duties incident to the office of the Secretary and such
other duties as from time to time may be assigned to him by the President or by the
Association.
5.05 - Treasurer: The Treasurer shall have those duties as are implied by the
name. The Treasurer shall furnish or cause to be prepared and keep a full set of books of
account, showing every detail of the Association's accounts and transactions, including
all receipts and disbursements of every name and nature, the amount of cash on hand'
and the amount of money owed by the Association or owing to it, and such other
information as may be, in the judgment of said Treasurer pertinent, or such as may be
required by the Association. The Treasurer shall have charge and custody of and be
responsible for all funds and securities in the name of the Association in such banks,
trust companies, or other depositories as shall be selected by the Association. Report
mOlt hly all receipts and disbursements to the Association, make deposits at designated
depositories i ithout undue delay and perform such other tasks and designated by the
Association.
5.06 - Election: The President, Vice President, Secretary, and Treasurer shall be
elected annually on or about January 1st by the members of the Association. The
Association, in its discretion, may elect one person to simultaneously hold the offices of
Secretary and Treasurer.
5.07 - Removal: If the President, Vice President, Secretary or the Treasurer of the
Association is negligent in his duties and/or guilty of any acts detrimental to the welfare
of the Association, he may be removed from office by'a two thirds (2/3) vote of the
Association.
5.08 - Resignation: Any officer may resign at any time by giving written notice to
the Association. Any such resignation shall take effect at the date of the receipt of such
notice or I yi later time specified therein. Unless otherwise specified in the resignation,
the acr.. ntance of such resignation shall not be necessary to make it effective.
Any vacancy caused by the death, resignation, removal,
se, of any officer shall be filled by the Association for the
rm.
►RTICLE VI - MEETINGS
Regular meetings of the Association may be called by or
ent, Vice President or five (5) Association members.
Section 6.02 - Special Meeting: Special meetings of the Association may be called by or
at the request of the President, Vice President, or five (5) or more members of the
Association.
Section 6.03 - Quorum: A quorum shall consist of twenty (20) percent of the eligible
voting members.
Section 6.04 - Manner of Acting_ Every act or decision done or made by a quorum of
members at a meeting duly held is the act of the Association, unless State Law or these
By -Laws require a greater number.
Section 6.05 - Annual Meetings: . The active members shall meet annually during the
month of January each year for the purpose of transacting such business as may come
before the meeting. The time and place of said meeting shall be as specified in the
Notice of Meeting provided by the Secretary and as determined by the President. The
President may order that no annual meeting be held. Any proper business may be
transacted at a regular meeting of the members.
ARTICLE VII TERMINATION AND REINSTATEMENT OF MEMBERSHIP
Section 7! 1. - Termination: The members.of the Association by a majority vote of those
p, _ _.-nt at any regular constituted meeting, may suspend or expel a member for cause
aft,_ r an appropriate hearing. The Association may terminate the membership of any
member who becomes ineligible for membership, or suspend or expel any member who
shall be in default in the payment of dues for a period in excess of two (2) months.
Section 7.02 - Reinstatement: Upon written request, signed by a former member and filed with
the Secretary of the Association, by affirmative majority vote, may reinstate such former
member upon such terms as the Association may deem appropriate.
ARTICLE VIII - DUES
Section 8.01 - Dues: The annual dues shall be that amount per year established by a quorum
of _embers at a regu!zr or special meeting. The amount of dues shall be received and
eva...ated annually by the Association.
ARTICLE IX - GENERAL POWERS
Section 9.01 - Contracts: The Association may authorize any officer or officer's agents of
the Association, in addition to the'officers so authorized by these By -Laws, to enter into
any contract or execute and deliver any instrument in the name of and on behalf of the
Association, and such authority may be general or confined to specific instances.
Section 9.02 - Checks and Drafts: All checks, drafts or orders for the payment of money,
notes, or other evidences of indebtedness issued in the name of the Association, shall be
signed by such officer or officer's agent or agents of the Association, and in such manner
as shall from time to time be by resolution of the Association. In the absence of such
dzte:mination by the'Association, such instruments shall be signed by the Treasurer and
counter signed by the President or Vice President of the Association.
Section 9.03 - Deposits: All .funds of the Association shall be deposited from time to time
to the credit of the Association in such banks, trust companies, or other depositories as
j the Association may elect.
Section 9.04 - Exnend iture of Funds: The expenditure of funds shall be subject to the
following limitations:
A. The expenditure of from one dollar to two hundred fifty dollars may be
fiY Y
authorized by the President or Vice President of the Association.
B. The expenditure of any sum of money in excess of two hundred fifty dollars
requires the approval and ratification by a majority vote -of the full membership
of the Association.
ARTICLE X - BOOKS AND RECORDS
Section 10 01 - Books and Records: The Association shall keep correct and complete books
of account and shall also keep minutes of the proceedings of its members, officers, and
committees having any of the authority of the Association, and shall keep at the
registered principal office a record giving names and addresses of the members entitled
to vote.
ARTICLE XI - FISCAL YEAR
Section 11.01 - Fiscal Year: The fiscal year of the Association shall begin on the first (1st)
day of January. and end on the last day of December in each year.
ARTICLE XII - RATIFICATION AND AMENDMENT
Section 12.01 - Ratification: These By -Laws shall become effective immediately upon
adoption by the members of the Association.
Section 12.02 - Amendment: These By -Laws may be adopted, amended or repealed by any of
the following:
A By written consent of members entitled to exercise a majority of the voting
power or by a vote of a majority of a quorum at a meeting of members duly
called for the purpose according to the Articles or By -Laws.
B. By the Officers subject to the power of the members to change or repeal the By -
Laws.
ARTICLE 3M - CONSTRUCTION
Section 13.01 - Construction: As used in these By -Laws, the present tense includes the past
and the future tenses, and the future tenses include the present; the masculine gender
includes the feminine and neuter; the singular includes the plural, and the plural includes
t�a Angular.
C
'
WEST COVINA MID MANAGEMENT
ASSOCIATION
Total Number
of Employees
Total Number
in Represented
of WCMMA
Classifications
Classification
Members
1
Police Records Supervisor
1
2
Park Maintenance Supervisor
1
1
Sr. Citizens Supervisor
0
1
Sr. Code Enforcement Officer
1
1
Street Maintenance Supervisor/
Acting Maintenance Operations Manager
1
1
Water Maintenance Supervisor
1
1
Sr. RDA Project Manager
0
3
Administrative Analyst II
2
2
Recreation Supervisor II
1
1
Risk Manager
1
1
Superintendent of Recreation
and Community Services
1
1
Equipment Maintenance Supervisor
0
2
Civil Engineering Associate
1
1
Human Services Program Administrator
1
1
Principal Transportation Engineer
0
1
Personnel Analyst II
1
1
Principal Planner
1
2
Principal Engineer
2
1
Controller
1
1
Sr. Building Inspector
1
1
Accounting Manager
1
27
19
West Covina Mid=Management Association
Membership Roster
As of November 14, 1995
1. Anello, Jacqueline Police Department
2. Bonaparte, Richard Planning
3. Brown, Ronald Maintenance
4. Dove, Henry Maintenance
5. Hoppe, Erin Risk Management
6. Jones, Gregory Recreation Services
7. Gardner, Sharon Environmental Services
8. Markham, Clarence I Human Services
9. Maliki, Hannah Building and Engineering
10. McIntyre, Gina Personnel
11. McIssac, Douglas Planning
12. Palkhiwala, Naresh Building and Engineering
13. Panas, Basil Finance
14. Paul, Diann Emergency Services
15.
Roberts, Curtis
Maintenance
16.
Shott, Michael
Building and Engineering
17.
Smilowitz, Scott
Recreation
18.
Tucker, Margaret
Finance
19.
Winters, Louis
Building and Engineering
0
ATTACHMENT C
November 6, 1995
TO: Jai
FROM:
SUBJECT:
WEST COVINA
CONFIDENTIAL EXEMPT
ASSOCIA TION
Starbird, City Manager
Ure, Personnel Director
est Covina Confidential Exempt Association
QUEST FOR FORMAL RECOGNITION
This declaration is being filed in accordance with Article V, Division 2, Sections 2-212
W.C.M.C. in order to request formal recognition of the newly established West Covina
Confidential Exempt Association.
• The name of the Association shall be the West Covina Confidential Exempt Association
(WCCEA). The mailing address shall be 1444 W. Garvey Avenue, West'Covina, CA 91790.
• The officers of the WCCEA are:
President - Jeannette Meyer
Vice President - Vern Morton
Secretary - David Gould
Treasurer - Judy Vickers
They shall be authorized to speak on behalf of its members.
• The `X`CEA includes co.aFidential exempt employees who are members and who have
desig,tal.cd the organization to represent them.
• The WCCEA is comprised of various confidential exempt employees who request the
Personnel Commission and the City Council recognize the West Covina Confidential
Exempt Association as the majority representatives of the employees in the unit.
• The WCCEA is not a chapter, local of, or affiliated with any regional, state, national or
international l'oreanization.
• The WCCEA has, as one of its primary pug, ja uses, representation of city employees 4n their
employee relations with the City. A copy of the associations' initial by-laws and
membership list is attached.
• Receipt of re
WCCEA sha
• The WCCEE
to the city er
annette Meyer
David GtCAa, Se
filar United States mail by the designated President or Vice President of the
be deemed sufficient notice to the Association for any purpose.
recognizes the provisions of Section 923 of the Labor Code are not applicable
ident
BY-LAWS
WEST CO VINA CONFIDENTIAL EXEMPT ASSOCIATION
ARTICLE 1- NAME
Section 1.01 - Name: The name of this association shall be the West Covina
'Confidential Exempt Association.
ARTICLE II - PURPOSE
Section 2.01 - Purpose: The purposes for which this Association is formed are:
A. To promote a closer bond of fraternity among the members of the West Covina
Confidential Exempt employee classification;
B. . to protect and defend the rights of its members;
C. to represent its members in their relationships with the City, and conduct for its
members all negotiations with the City in respect to hours, wages, benefits, etc.
ARTICLE III - OFFICE
Section 3.01 - Offices: The principal office of the association for the transaction of its
business shall be located in the City of West Covina, County of Los Angeles, State of
California. The association ma:, add such other offices, anywhere situated, as the Board
of Directors may determine and as the affairs of the association may from time to time
require.
ARTICLE IV - MEMBERS
Section .4.01 - Class of Members: The association shall be comprised of employees of the
confidential exempt classification of the City of West Covina. Each member shall be
entitled to one (1) vote on each matter submitted to a vote of the members and shall have
all the rights and privileges as provided in these By -Laws.
Section 4.02 - Property Rights: No member shall be considered the owner of any
property held by the Association except as provided for in -the Articles of this document.
ARTICLE 11 - OFFICERS
Section 5.01 Number. and Title: The officers of the Association shall be President, Vice
President, Secretary, and Trea ,..-er.
Section 5.02 - President: The President shall be the chief executive officer of the
Association >id shall, subject to the control of the association, supervise and control the
affairs of thz Association. The President shall perform all duties incident to the office
and such other duties as may be required by State Laws or by the By -Laws. The
President shall preside at all meetings of the members of the Association. Except as
otherwise expressly provided by law or by these By -Laws, he shall, in the name of the
�._ Association, execute such contracts, checks or other instruments which may from time to
time be authorized by the, Association. The President shall declare results of all elections
and appoint members to all committees formed by the Association.
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Section 5.03 - Vice President: In the absence of the President or in the event of his inability or
refusal to act, the Vice President shall perform all the duties of the President, and when
so acting shall have all the powers of, and have such other powers and perform such
other duties as may be prescribed by law.or by these By -Laws, or as may be prescribed
by the Association or the President.
5.04 - Secretar: The Secretary shall keep the minutes of the meetings of the
members of the Association in one or more books provided for that purpose; see that all
notices are duly given in accordance with the provisions of these By -Laws or as required
by Law; and in general perform all duties incident to the office of the Secretary and such
other duties as from time to time may be assigned to him by the President or by the
Association.
5.05 - Treasurer: The Treasurer shall have those duties as are implied by the
name. The Treasurer shall furnish or cause to be prepared and keep a full set of books of
account, showing every detail of the Association's accounts and transactions, including
all receipts and disbursements of every name and nature, the amount of cash on hand
and the amount of money owed by the Association or owing to it, and such other
information as may be, in the judgment of said Treasurer pertinent, or such as may be
required by the Association. The Treasurer shall have charge and custody of and be
responsible for all funds and securities in the name of the Association in such banks,
trust companies, or other depositories as shall be selected by the Association. Report
monthly all receipts and disbursements to the Association, make deposits at designated
depositories without undue delay and perform such other tasks and designated by the
Association.
Section 5.(16 - Election: The President, Vice President, Secretary, and Treasurer shall be
elected annually on or about January 1 st by the members of the Association. The
Association, in its discretion, may elect one person to simultaneously hold the offices of.
Secretary and Treasurer.
5.07 - Removal: If the President, Vice President, Secretary or the Treasurer of the
Association is negligent in his duties and/or guilty of any acts detrimental to the welfare
of the Association, he may be removed from office by a two thirds (2/3) vote of the
Association.
5.08 - Resignation: Any officer may resign at any time by giving written notice to
the Association. Any such resi;r_ation shall take effect at the date of the receipt of such
notice or any later time specified Therein. Unless otherwise specified in the resignation;
the acceptance of such resignation shall not be necessary to make it effective.
5.09 - Vacancies: Any vacancy caused by the death, resignation, removal,
disqualification or otherwise, of any officer shall be filled by the Association for the
unexpired portion of the term.
ARTICLE VI - MEETINGS
6.01 - Regular Meetings: Regular meetings of the Association may be called by or
at the request of the President, Vice President or five.(5) Association members.
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Section 6A., Special Meeting_ Special meetings of the Association may be called by or
at the request of the President, Vice President, or five (5) or more members of the
Association.
Section 6.03 - Quorum: A quorum shall consist of twenty (20) percent of the eligible
voting members.
Section 6.04 - Manner of Acting_ Every act or decision done, or made by a quorum of
members at a meeting duly held is the act of the Association, unless State Law or these
By -Laws require a greater number.
Section 6.05 - Annual Meets: 5 The active members shall meet annually during the
mc-ith of Janaary each year for E. a purpose of transacting such business as may come
before the meeting. The time and place of said meeting shall be as specified in the
Nctice of Meeting provided by the Secretary and as determined by the President. The
Preside.nt may order that no annual meeting be held. Any proper business may be
transacted at a regular meeting of the members.
ARTICLE VII - TERMINATION AND REINSTATEMENT OF MEMBERSIIIP
Section 7.01 - Termination: The members of the Association by a majority vote of those
present at any regular constituted meeting, may suspend or expel a member for cause
after an appropriate hearing. The Association may terminate the membership of any
member who becomes ineligible for membership, or suspend or expel any member who
shn!l be in default in t!:r payment of dues for a period in excess of two (2) months.
Section 7 ., : - Reir.A4temen.: Upon A.itten request, signed by a former member and filed with
trP Secretary if the Association, by affirmative majority vote, may reinstate such former
member upon such terms as the Association may deem appropriate.
ARTICLE VIII - DUES
Section 8.01- Dues: The annual dues shall be that amount per year established by a quorum
of members at a regular or special meeting. The amount of dues shall be received and
evaluated annually by the Association.
ARTICLE IX - GENERAL POWERS
Section 9.01 - Contracts: The Association may authorize any officer or officer's agents of
the Association, in addition to the officers so authorized by these By -Laws, to enter into
ary contrail or execute and deliver any instrument in the name of and on behalf of the
Association, and such authority may be general or confined to specific instance!.
Section 9.02 - Checks and Drafts: All checks, drafts or orders for the payment of money,
notes, or other evidences of indebtedness issued in the name r. the Association, shall be
signed by such officer or officer's agent or agents of the Association, and in such manner
as shall from time to time be by resolution of the Association. In the absence of such
determination by the Association, such instruments shall be signed by the Treasurer and
counter signed by the President or Vice President of the Association.
9.03 - Deposits: All funds of the Association shall be deposited from time to time
to the credit of the Association in such banks, trust companies, or other depositories as
the Association may elect.
Section 9.04 - Expenditure of Funds: The expenditure of funds shall be subject to the .
following limitations:
A. The expenditure of from one dollar to two hundred fifty dollars may be
authorized by the President or Vice President of the Association.
B. The expenditure of any sum of money in excess of two hundred fifty dollars
requires the approval and ratification by a majority vote of the full membership
of the Association.
ARTICLE X - BOOKS AND RECORDS
in 10 01 - Books and Records: The Association shall keep correct and complete books
of account and shall also keep minutes of the proceedings of its members, officers, and
committees having any of the authority of the Association, and shall keep at the
registered principal office a record giving names and addresses of the members entitled
to vote.
ARTICLE XI - FISCAL YEAR
II. 1 Fiscal Year: The fiscal year of the Association shall begin on the first (1st)
day of Janua ii -and end on the lzst day of December in each year.
.= _`.:!'ICLE _I - RATIFICATION AND AMENDMENT
12.:.1 - Ratification: These. By -Laws shall become effective immediately upon
adoption by the members of the Association.
12.02 - Amendment: These By -Laws may be adopted, amended or repealed by any of
the following
A. By,
pom
calls
B. By
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17G�.11V ll 1J.V1 - %_Ullb
and the future
includes the f
the singular.
itten consent of members entitled to exercise a majority of the voting
or by a vote of a majority of a quorum at a meeting of members duly
for the purpose according to the Articles or By -Laws.
Officers subject to the power of the members to change or repeal the By -
ARTICLE XIII - CONSTRUCTION
ruction: As used in these By -Laws, the present tense includes the past
tenses;"and the future tenses include the.present; the masculine gender
;minine and neuter; the singular includes the plural, and the plural includes
WEST CO VINA CONFIDENTIAL EXEMPT
ASSOCIATION
Total Number
of Employees
Total Number
in Represented
of WCCEA
Classifications
Classification
Members
7
Department Secretary
5
2
Administrative Aide
2
1
Accountant
1
2
Administrative Technician
2
1
Executive Secretary
1
1
Reprographics Supervisor
I
1
Criminal Justice Research Analyst I
1
2
Secretary II
2
1
Operations Analyst
1
2
Programer Analyst II
2
1
Programer Analyst I
1
1
Community Television Producer
0
1
Revenue Services Supervisor
1
1
Purchasing Assistant
1
24
21 _
ASSOCIATION MEMBERS
Confidential Exempt
Barrett, Mickie, Police
Briley, Barbara, Maintenance
Buchanan, Rita, City Clerk
Crawford, Lee, Redev elopment
Delgadillo, Marie, Finance
Devera, Guia, Finance
Dominguez, Debbie, Risk Management
Dowdey, Diana
Gould, David, Print Shop
Gray, Anne, Police
Harden, Grace, Finance
Joyce, Warren, Maintenance
Lym, Bill, Police
Meyer, Jeannette, Finance
Morton, Vern, Police
Nebrida, Charisse, Personnel
Nelson, Maureen, Data Processing
Perkins, Pam, Fire
Salazar, Carol, Communications
Vickers, Judy, City Treasurer
Williams, Lynn, Engineering