AGENDA REPORT
Meeting Date: January 11, 2024
Item Number:
To: Honorable Mayor & City Council
From: Shelley Ovrom, Director Human Resources
Peter Brown, Labor Negotiator
Subject: IMPASSE HEARING BETWEEN THE CITY OF BEVERLY HILLS AND THE BEVERLY HILLS FIREFIGHTERS’ ASSOCIATION REGARDING
THE CITY’S DECISION TO CREATE THE NEW CLASSIFICATION OF
ASSISTANT FIRE CHIEF AND TRANSFER DUTIES FROM TWO FIRE
BATTALION CHIEF POSITIONS TO TWO ASSISTANT FIRE CHIEF
POSITIONS AND CONSIDERATION OF WHETHER TO IMPLEMENT
THE CITY’S LAST, BEST AND FINAL OFFER
Attachments: 1. City of Beverly Hills Last, Best and Final Offer September 13, 2023
2. Declaration of Impasse September 26, 2023
3. Factfinding Report December 23, 2023
4. Government Code Sections 3505.4 through 3505.7 inclusive
5. Resolution Implementing City’s Last, Best, and Final Offer
RECOMMENDATION
Consider public testimony and provide direction regarding the impasse process with the Beverly Hills Firefighters’ Association (BHFA).
Meeting Date: January 11, 2024
INTRODUCTION
In July 2023, the City reached out to the BHFA and requested to meet and confer over its decision to create a new classification in the fire department called Assistant Fire Chief.
The reason the City requested to meet and confer with the BHFA was that by creating the Assistant Fire Chief classification, the City was proposing to transfer duties from existing Fire Battalion Chief assignments to the new classification of Assistant Fire Chief. The City has the right under its Memorandum of Understanding with the BHFA to create a new classification in the Fire Department. However, per the applicable collective bargaining law, the Meyers-Milias Brown Act, the transfer of duties from one classification to another as well as other terms and conditions of employment related to the Assistant Fire Chief classification are subject to meet and confer.
The parties met four times between August 16 and September 18, 2023, but were unable to reach an agreement. On September 13, 2023, the City issued its last best and final offer, which included
1. the job description for Assistant Fire Chief;
2. a track changed version of the Fire Battalion Chief job description with modifications as a result of the duties being transferred to Assistant Fire Chief;
3. a statement that the Assistant Fire Chief would earn a maximum rate of pay of $19,738.49 per month1; and
4. a statement that the City agrees that the Assistant Fire Chief can be included in the bargaining unit represented by the BHFA.2
The BHFA did not accept the City’s last best and final offer and the City declared impasse on September 26, 2023. On October 23, 2023, the BHFA filed a request to the Public Employment Relations Board (PERB) to submit the parties’ impasse to a factfinding panel.
Following the BHFA’s request to submit the parties’ impasse to a factfinding panel, the PERB provided the parties with a list of neutrals to chair the factfinding panel. The parties 1 On October 1, 2023, the BHFA received a two percent (2%) salary increase. As such, the maximum pay rate is increased to $20,133.26 per month, which is the same pay rate as the Fire Battalion Chief job classification with the added administrative assignment. 2 There are currently five Fire Battalion Chiefs positions authorized in the budget – three assigned to suppression (one to each of the three platoons) and two assigned into administrative assignments – one assigned as a Fire Marshal and one assigned as a Training Officer. The administrative assignments for Fire Battalion Chief are rotated among the Battalion Chiefs for twoyear assignments. The Assistant Fire Chiefs will be assigned as a permanent Fire Marshal and a permanent Training Officer as opposed to being rotated among Fire Battalion Chiefs. There will then be three Fire Battalion Chiefs. As the Assistant Fire Chiefs will be in the bargaining unit represented by the BHFA, there will not be a reduction in the number of total authorized positions (in the bargaining unit).
Meeting Date: January 11, 2024
selected David Miller to chair their panel. The panel was comprised of three members, Mr. Miller and one member selected by both the City and the BHFA.
On November 27, 2023, the parties participated in a factfinding hearing. Following that hearing, the panel met on a few occasions to try to resolve the parties’ impasse but were unable to do so. The final factfinding report was issued on December 23, 2023. The factfinding report and notice of tonight’s public hearing were made publicly available on December 26, 2023, by way of posting on the City’s website (https://www.beverlyhills.org/departments/humanresources/negotiations/). The factfinding chair’s recommended terms of settlement to which the City concurred and the Association dissented are set forth on pages 7-9.
DISCUSSION
Through its designated labor negotiator, the City Council asserted to the BHFA its position in the negotiations on this matter as to why it wanted to create the Assistant Fire Chief classification and transfer the duties from the two Fire Battalion Chief working administrative assignments.
At this public hearing, the City Council will provide an opportunity for its labor negotiator to provide a presentation to the public regarding the issues in these negotiations and an opportunity for the BHFA’s representative to present their position. The City Council will also receive comments from the public regarding the impasse with the BHFA.
Following this public hearing, the City Council may, if it chooses, implement its Last, Best and Final Offer. In this case, the City Council may consider adopting or modifying the attached draft resolution to implement the Last, Best and Final Offer.
FISCAL IMPACT
The proposed classification of Assistant Fire Chief (Fire Marshall and Training Officer) will be paid at the same pay rate as the current classification of Fire Battalion Chief with the Administrative Assignment bonus. Additionally, the proposal is for two of the five currently authorized Fire Battalion Chief positions to be converted into two Assistant Fire Chief positions, therefore, there is no increase to the number of full time equivalent (FTE) positions and no cost increase to the budget for these proposed changes.
Shelley Ovrom
Director of Human Resources
Approved By
Attachment 1
1 From: Peter J. Brown <[email protected]>
Sent: Tuesday, December 19, 2023 5:28 PM
To: Peter Brown
Subject: Negotiations with the Beverly Hills Firefighters' Association re Creation of the Assistant Chief Classification
Attachments: Assistant Fire Chief class spec.doc; Fire Battalion Chief class spec (Updated).docx From: Peter J. Brown <[email protected]>
Sent: Wednesday, September 13, 2023 8:56 AM
To: Stuart Adams <[email protected]>
Cc: Alfred Poirier <[email protected]>; Shelley Ovrom <[email protected]>; Kirsten Rowe <[email protected]>
Subject: Negotiations with the Beverly Hills Firefighters' Association re Creation of the Assistant Chief Classification Stuart:
Thank you very much for the meetings and dialogue during our recent meet and confer sessions regarding the City’s proposal to create the Assistant Fire Chief job classification and to have two positions for that classification, a Fire Marshall and a Training Officer. We have fully evaluated the positions of the Association and acknowledge that its interests do not line up with the City’s interests. We would like to reach agreement with the Association, but since the Association does not agree to the City’s proposal to create the classification with two positions, Fire Marshall and Training Officer, at a maximum rate of pay of $19,738.49 per month, please consider this email the City’s last, best and final offer. We don’t believe it is necessary to meet on the 18th. If the Association feels otherwise, let me know. Please respond by September 22, 2023 and let us know if the offer is acceptable.
Peter
_____________________________________________________________ Peter J. Brown | Partner
6033 West Century Boulevard, 5th Floor
Los Angeles, CA 90045
tel: 310.981.2000
fax: 310.337.0837
[email protected] | vCard | Bio | Website
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CITY OF BEVERLY HILLS
ASSISTANT FIRE CHIEF
DEFINITION
To plan, organize, direct, and coordinate the activities of an assigned division within the Fire Department including the associated operations, programs, and support services; to coordinate division activities with other divisions, departments, and outside agencies; and to provide highly complex staff assistance to the Fire Chief.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Fire Chief or designee.
Exercises direct or technical and functional supervision over assigned staff, e.g., supervisory, professional, technical, and administrative support staff.
EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following:
1. Perform responsible management, technical, and administrative work in training and fire prevention and other related programs and services.
2. Serve as Acting Fire Chief of the Fire Department in the absence of the Fire Chief and Deputy Fire Chief.
3. Develop and implement divisional goals, objectives, policies, and procedures.
4. Plan, organize, coordinate, and direct Division operations and support services.
5. Direct, oversee, and participate in the development of the Division work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate operations and services, work products, methods, and procedures. Submit an annual operations report.
6. Prepare the Division budget; assist in budget implementation; participate in the forecast of funds needed for staffing, staff functions, equipment, materials, and supplies; administer the approved budget.
7. Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.
8. Supervise the purchasing, maintenance, testing, and replacing of equipment, vehicles, and other mobile equipment.
9. Promptly report and investigate all accidents to apparatus and other department property through the chain of command to the Fire Chief.
10. Prepare, maintain, and/or supervise the preparation of various departmental records, reports, budget requirements, personnel records, etc. related to assigned Division.
11. Prepare weekly, monthly, annual, and other appropriate reports; maintain records related to assigned area of responsibility.
12. Represent the division and department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
13. May command Fire Department emergency operations to include establishing strategic objectives and directing operations.
14. May respond to alarms of fire and other emergencies, as prescribed and directed, and assume active command until relieved by a Deputy Fire Chief or the Fire Chief. Deploy apparatus and personnel in the most advantageous manner for the preservation of life and property and the control and extinguishment of fire or in otherwise managing an emergency or condition.
15. Assist new or existing staff in learning departmental practices and protocols, methods, and procedures.
16. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.
17. Foster an environment that embraces diversity, integrity, trust, and respect.
18. Be an integral team player, which involves flexibility, cooperation, and communication.
19. Perform related duties as assigned.
When assigned as the Fire Marshal:
20. Direct all Fire Department fire prevention and pre-fire planning activities.
21. Plan, develop, implement, and direct fire prevention, arson detection, and life safety training programs.
22. Coordinate legal matters pertaining to fire prevention and life safety with federal, state, city, and other officials.
23. Develop, revise, and evaluate fire prevention manuals and requirements, and schedule annual fire prevention inspection routes.
24. Schedule, conduct, and review inspections and fire investigations. Determine fire origin and cause.
25. Conduct field inspections and review life/safety plans for building construction and fire protection systems.
When assigned as the Training Officer:
20. Develop timetables and work plans to achieve department training goals and objectives.
21. Determine department training needs to meet operational effectiveness, qualifications certification, and/or achieve/exceed regulatory compliance.
22. Observe, plan, administer, and evaluate the training activities including, but not limited to, the following: administer and supervise probationary firefighter training; prepare, conduct, assign, and evaluate in-service training classes and drills; schedule personnel to attend outside training classes and ensure all travel, scheduling, and leave arrangements are complete.
23. Develop and maintain Department Training Manual and resources. Maintain personnel training records.
24. Develop, coordinate, and schedule various training programs relevant to the operation of the Fire Department.
25. Coordinate the California Incident Command Certification System (CICCS) for the Fire Department.
26. Act as the Departmental Safety Officer in reviewing accident reports and scheduling and conducting quarterly department safety meetings.
27. Supervise and participate in preparation of specifications for protective clothing and safety devices.
28. Participate in making presentations to a variety of community groups, schools, and the public, present safety information on fire and life safety and emergency procedures and techniques.
29. Develop survey instruments; conducts survey of program participants to determine participant needs; interpret and record survey results; implement program changes in response to results.
30. Facilitate and conduct After Action Review (AAR) processes.
MINIMUM QUALIFICATIONS
Knowledge of:
Modern fire prevention and suppression methods, fire behavior, and firefighting principles, techniques, equipment.
Principles of hydraulics applied to fire suppression.
Beverly Hills and proximal geography.
Incident Command System (ICS).
State Emergency Management System (SEMS).
Pertinent local, state, and federal rules, regulations, and laws related assigned area of operation.
Standard office procedures, computer equipment, and related software applications.
Principles and practices of leadership, motivation, team building and conflict resolution.
Principles and practices of organizational analysis and management.
Budgeting procedures and techniques.
Principles and practices of supervision, training, and personnel management.
Ability to:
Organize and direct the activities and operations of the assigned Division and the related programs.
On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations, and codes; observe performance and evaluate staff; problem solve department-related issues; remember various rules and procedures; and explain and interpret policy.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Interpret and apply City and department policies, procedures, rules, and regulations.
Develop and recommend policies and procedures related to assigned operations.
Supervise, train, and evaluate personnel.
Establish and maintain effective working relationships with those contacted in the course of work.
Work with various cultural and ethnic groups in a tactful and effective manner.
Communicate clearly and concisely, both orally and in writing.
Experience and Training
Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:
Experience:
Ten years of experience comparable to that gained as a Firefighter, Engineer, Fire Captain, and Battalion Chief for the City of Beverly Hills.
Training:
Equivalent to a Bachelor's degree from an accredited college or university with major course work in Fire Science, Fire Technology, Fire Administration, Public Administration, Emergency Management, Emergency Medical Services, or a related field.
License and Certificate
Possession of California driver’s license, Class C or higher.
Certified Emergency Medical Technician (EMT) certification.
Strike Team Leader Engine (STEN) trainee/qualification highly desirable.
Division Supervisor (DIVS) trainee/qualification highly desirable.
Safety Officer (SOFR) trainee/qualification highly desirable.
Physical Demands
On an intermittent basis, sit at desk for extended periods of time, walk and stand; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulations; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 50 pounds or less.
Duties involving field work may also include the following: On a consistent or intermittent basis, drive a motorized vehicle, walk on uneven surfaces, stand for extended periods of time; twist, reach, bend, stoop, squat, kneel, and climb up or down. Occasional demands may be required for moderately strenuous activities in emergencies over long periods.
Job Class Code: XXXX
Bargaining Unit: Fire Association
Classification Status: Classified
FLSA Designation: Non-exempt
CITY OF BEVERLY HILLS
FIRE BATTALION CHIEF
JOB SUMMARY:DEFINITION
To plan, organize, dDirects, and coordinate departmental operations and activities including and supervises supervising subordinates in the operation and maintenance of fire stations, equipment, and apparatus; to include directing emergency rescues, fire suppression, fire prevention, communications, training and routine procedures; and to and to provide highly complex staff assistance to the Fire Chief.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Fire Chief or designee.
Exercises direct supervision over assigned supervisory and technical fire personnel.
EXAMPLES OF ESSENTIAL MAJOR DUTIES - Duties may include, but are not limited to, the following:
1. Commands Fire Department emergency operations to include establishing strategic objectives and directing operations.
2. Responds to alarms of fire and other emergencies as prescribed and directed and assumes active command until relieved by a Deputy Fire Chief or the Fire Chief.
Deploys apparatus and personnel in the most advantageous manner for the preservation of life and property and the control and extinguishment of fire or in otherwise managing an emergency situation or condition.
3. Observes, plans, administers and evaluates the training activities.
4. Formulates, maintains and implements uniform applications of established policy, rules, orders, practices and procedures to include Department Personnel Manual and Operations Manual.
3. Develop and implement fire rescue goals and objectives; implement departmental policies and procedures.
5.4. Researches modern firefighting and prevention methods.
6. Attends conferences, conventions, seminars and educational meetings.
7.5. Submits an annual budget for staff functions to include planning and implementing assigned activities within proposed budget.Prepare budget for assigned areas of responsibility; assist in budget implementation; participate in the forecast of funds needed for staffing, staff functions, equipment, materials, and supplies; administer the approved budget.
8.6. Direct, oversee, and participate in the development of the Fire Rescue work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate operations and services, work products, methods, and procedures. Submits an annual operations report.
9.7. Supervises and participates in preparation of specifications for protective clothing and safety devices.
10. Supervises the purchasing, maintenance, testing and replacing of equipment, vehicles and other mobile equipment.
11.8. Promptly reports and investigates all accidents to apparatus and other department property through the chain of command to the Fire Chief.
12.9. Performs various personnel functions to include performance evaluations and hiring of new personnel.Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.
13.10. May Sserves as Acting Fire Chief of the Fire Department in the absence of the Fire Chief or Deputy Fire Chief.
14. Ensures the uniform application of established policies, rules, orders, practices and procedures of the department and requires subordinates to cooperate with one another in applying uniform policy.
15. Promptly and implicitly enforces the laws, ordinances, rules, regulations, orders and/or directives that govern the Fire Department.
16.11. Visits all facilities at least twice a week. Conducts internal affairs investigations.
12. Prepares and maintains departmental reports and records to include payroll and personnel files.Prepare weekly, monthly, annual, and other appropriate reports; maintain records related to assigned area of responsibility.
13. Represent the division and department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
14. Assist new or existing staff in learning departmental practices and protocols, methods, and procedures.
15. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.
16. Foster an environment that embraces diversity, integrity, trust, and respect.
17. Be an integral team player, which involves flexibility, cooperation, and communication.
17.18. Performs other related duties as required or assigned by a Deputy Fire Chief or the Fire Chief.
As assigned as Fire Marshal:
18. Plans, develops, implements and directs fire prevention, arson detection and life safety training programs.
19. Schedules, conducts and reviews inspections and fire investigations.
20. Determines fire origin and cause.
21. Recommends the adoption of Fire Prevention Codes.
22. Prepares, maintains and supervises preparation of various departmental records, reports and budget requirements.
23. Directs all Fire Department fire prevention and pre-fire planning activities.
24. Develops, revises and evaluates fire prevention manuals and requirements, and schedules annual fire prevention inspection routes.
25. Attends local and state Fire Prevention Officer's meetings and seminars.
26. Conducts field inspections and reviews life/safety plans for building construction and fire protection systems.
27. Enforces federal, state, city, and all other adopted Fire Department codes and prepares necessary documents to ensure compliance to include City Attorney action.
28. Coordinates legal matters pertaining to fire prevention and life safety with federal, state, city, and other officials.
29. Coordinates with the Public Works Department to ensure FPB requirements on mains, hydrants, sprinklers, standpipe systems, and other building fire protection systems.
30. Conducts internal affairs investigations.
31. Performs other related duties as required or assigned by the Deputy Fire Chief or the Fire Chief.
As assigned as Training Officer:
19. Sets goals and objectives for fire department training.
20. Develops and publishes an annual training calendar for all departmental personnel.
Prepares and publishes monthly training schedules for departmental in-service training.
21. Prepares, conducts, assigns, and evaluates in-service training classes and drills.
Develops, revises and evaluates department company performance standards.
22. Schedules personnel to attend outside training classes and ensures all travel, scheduling, and leave arrangements are complete.
23. Develops and maintains the department training manual. Administers and supervises probationary firefighter training.
24. Maintains personnel training records.
25. Participates in making presentations to a variety of community groups, schools and the public; presents safety information on fire and life safety and emergency procedures and techniques.
26. Develops survey instruments; conducts surveys of program participants to determine participant needs; interprets and records survey results; implements program changes in response to results.
27. Coordinates the California Incident Command Certification System for the Fire Department.
28. Conducts internal affairs investigations.
29. Acts as the Departmental Safety Officer in reviewing accident reports and scheduling and conducting quarterly department safety meetings.
30. Performs related duties and responsibilities as required or assigned by the Deputy Fire Chief or the Fire Chief.
MINIMUM QUALIFICATIONS:
KNOWLEDGE, SKILLS & ABILITIES:
KNOWLEDGE OFKnowledge of:
Emergency rescue procedures and practices involving fire, chemicals or bomb threats, firefighting principles, techniques, and principles of hydraulics applied to fire suppression.
Modern fire prevention and suppression methods, fire behavior, and basic fire chemistry.
Beverly Hills and proximal geography and streets.
Incident Command System (ICS).
State Emergency Management System (SEMS).
Supervising oOperation and maintenance of fire equipment, apparatus, and tools.
Departmental rules and regulations on fire prevention, safety, fire codes, first aid and rescue methods to include state laws, municipal codes and ordinances related to fire prevention and inspection work.Pertinent local, state, and federal rules, regulations, and laws related to assigned area of operation.
Standard office procedures, computer equipment, and related software applications.
Leadership.Principles and practices of leadership, motivation, team building and conflict resolution.
Principles and practices of and practices of organizational analysis and management.
Budgeting procedures and techniques.
Supervision and management.Principles and practices of supervision, training, and personnel management.
SKILL INAbility to:
Supervising operation and maintenance of fire equipment, apparatus and tools.
Organize and direct fire rescue operations.
On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations, and codes; observe performance and evaluate staff; problem solve department-related issues; remember various rules and procedures; and explain and interpret policy.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Interpreting and enforcing laws, ordinances, statutes and Fire Prevention Bureau requirements.apply City and department policies, procedures, rules, and regulations.
Develop and recommend policies and procedures related to assigned operations.
Coordinating and scheduling various training programs relevant to the operation of the Fire Department.
Performing or supervising fire and arson investigations to determine cause and origin of fire.
Preparing and maintaining various departmental reports, records and budgets.
Supervise, train, and evaluate personnel.
Supervising inspections of commercial and residential occupancies and reviewing plans and specifications for fire and life safety compliance.
Planning, coordinating, developing, scheduling, implementing and evaluating various training programs relevant to operations of the Fire Department.
Developing and writing staff reports and budgets.
Supervision and management.
Leadership.
Establish and maintain effective working relationships with those contacted in the course of work.
Work with various cultural and ethnic groups in a tactful and effective manner.
Communicate clearly and concisely, both orally and in writing.
Experience and Training
Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:
Experience:
Permanent appointment as a Fire Captain in the City of Beverly Hills for a minimum of 2 years, following completion of mandatory probationary period.
Training:
Associates of Arts degree in a related field.
Bachelor's degree highly desirable.
License and Certificate
Valid State of California Class C Driver's License.
Certified Emergency Medical Technician.
State Fire Marshal Chief Officer Certification.
Must have a completed Battalion Chief's Task Book.
Physical Demands
On an intermittent basis, sit at desk for extended periods of time, walk and stand; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulations; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 50 pounds or less.
Duties involving field work also include the following: On a consistent or intermittent basis, drive a motorized vehicle, walk on uneven surfaces, stand for extended periods of time; twist, reach, bend, stoop, squat, kneel, and climb up or down. Occasional demands may be required for moderately strenuous activities in emergencies over long periods.
Job Class Code: XXXX (formerly 2505)
Bargaining Unit: Fire Safety
Classification Status: Classified
FLSA Designation: Non-Exempt
Revision Date: Dec 9, 2020
Attachment 2
City of Beverly Hills Written Declaration of Impasse
Related to its Negotiations with the
Beverly Hills Firefighters’ Association
Following Failure to Accept the City’s Last, Best and Final Offer Issued to the Association on September 20, 2023
September 26, 2023
In accordance with Government Code section 3505.4 and Title 8 of the California Code of Regulations section 32802, the City of Beverly Hills declares impasse to these negotiations. This notice shall constitute written notice of the declaration of impasse.
Attachment 3
Attachment 4
3505.4.
(a) The employee organization may request that the parties’ differences be submitted to a factfinding panel not sooner than 30 days, but not more than 45 days, following the appointment or selection of a mediator pursuant to the parties’ agreement to mediate or a mediation process required by a public agency’s local rules. If the dispute was not submitted to mediation, an employee organization may request that the parties’ differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. Within five days after receipt of the written request, each party shall select a person to serve as its member of the factfinding panel. The Public Employment Relations Board shall, within five days after the selection of panel members by the parties, select a chairperson of the factfinding panel. (b) Within five days after the board selects a chairperson of the factfinding panel, the parties may mutually agree upon a person to serve as chairperson in lieu of the person selected by the board. (c) The panel shall, within 10 days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. For the purpose of the hearings, investigations, and inquiries, the panel shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. Any state agency, as defined in Section 11000, the California State University, or any political subdivision of the state, including any board of education, shall furnish the panel, upon its request, with all records, papers, and information in their possession relating to any matter under investigation by or in issue before the panel. (d) In arriving at their findings and recommendations, the factfinders shall consider, weigh, and be guided by all the following criteria:
(1) State and federal laws that are applicable to the employer. (2) Local rules, regulations, or ordinances.
(3) Stipulations of the parties.
(4) The interests and welfare of the public and the financial ability of the public agency. (5) Comparison of the wages, hours, and conditions of employment of the employees involved in the factfinding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.
(6) The consumer price index for goods and services, commonly known as the cost of living. (7) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. (8) Any other facts, not confined to those specified in paragraphs (1) to (7), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations. (e) The procedural right of an employee organization to request a factfinding panel cannot be expressly or voluntarily waived.
(Amended by Stats. 2012, Ch. 314, Sec. 1. (AB 1606) Effective January 1, 2013.) 3505.5.
(a) If the dispute is not settled within 30 days after the appointment of the factfinding panel, or, upon agreement by both parties within a longer period, the panel shall make findings of fact and recommend terms of settlement, which shall be advisory only. The factfinders shall submit, in writing, any findings of fact and recommended terms of settlement to the parties before they are made available to the public. The public agency shall make these findings and recommendations publicly available within 10 days after their receipt. (b) The costs for the services of the panel chairperson selected by the board, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be equally divided between the parties. (c) The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson’s résumé on file with the board. The chairperson’s bill showing the amount payable by the parties shall accompany his or her final report to the parties and the board. The chairperson may submit interim bills to the parties in the course of the proceedings, and copies of the interim bills shall also be sent to the board. The parties shall make payment directly to the chairperson. (d) Any other mutually incurred costs shall be borne equally by the public agency and the employee organization.
Any separately incurred costs for the panel member selected by each party shall be borne by that party. (e) A charter city, charter county, or charter city and county with a charter that has a procedure that applies if an impasse has been reached between the public agency and a bargaining unit, and the procedure includes, at a minimum, a process for binding arbitration, is exempt from the requirements of this section and Section 3505.4 with regard to its negotiations with a bargaining unit to which the impasse procedure applies. (Added by Stats. 2011, Ch. 680, Sec. 3. (AB 646) Effective January 1, 2012.) 3505.7.
After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 15 days after the factfinders’ written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency’s last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law. (Amended by Stats. 2022, Ch. 412, Sec. 2. (AB 2556) Effective January 1, 2023.) Attachment 5
Certificate Of Completion
Envelope Id: 6ABC98F4E5FB4417AADBD631558287FB Status: Completed Subject: Complete with DocuSign: Resolution re Impasse with BHFA and implementation of LBFO - January 11...
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Status: Original
1/4/2024 12:26:11 PM
Holder: Marco Bernocchi
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Using IP Address: 208.87.233.201
Sent: 1/4/2024 12:27:47 PM
Resent: 1/4/2024 12:30:14 PM
Viewed: 1/4/2024 12:36:13 PM
Signed: 1/4/2024 12:36:20 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/4/2024 12:27:47 PM
Envelope Updated Security Checked 1/4/2024 12:30:13 PM
Envelope Updated Security Checked 1/4/2024 12:30:13 PM
Certified Delivered Security Checked 1/4/2024 12:36:13 PM Signing Complete Security Checked 1/4/2024 12:36:20 PM
Completed Security Checked 1/4/2024 12:36:20 PM
Payment Events Status Timestamps