Item 44 - Public Hearing Regarding Impasse Pursuant to Government Code 3505.7

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Public Hearing Regarding Impasse Pursuant to Government Code 3505.7 December 20, 2022 Page 2 3 1 4 7 During the course of the negotiations, the SAPOA demonstrated regressive bargaining and dilatory tactics, repudiated to engage and discuss the City’s priorities, and failed to comprehensively respond to the City’s request for information. On August 24, 2022, SAPOA declared impasse and requested for the parties to participate in mediation. The SAPOA’s final proposal is estimated to cost the City approximately $9.02 million. The City issued its last, best, and final (“LBF”) offer to SAPOA on September 8, 2022. The parties selected a mediator with the California State Mediation and Conciliation Service on September 9, 2022, and the mediator agreed to mediate the case on September 12, 2022. The parties scheduled a mediation meeting with the State mediator for October 18, 2022. On October 17, 2022, the day before the mediation, SAPOA cancelled the mediation, with no provided reason. The mediation was rescheduled for December 5, 2022. The parties participated in mediation on December 5, 2022 and were unable to reach an agreement. The Meyers-Milias-Brown Act (“MMBA”), codified in Government Code sections 3500- 3511, governs labor-management relations in public employment. The MMBA sets forth the procedures for labor negotiations, as well as requirements for factfinding, if requested by the labor association, following a declaration of impasse in the negotiations process. SAPOA failed to request factfinding as required in Government Code section 3505.4(a), which states, in part: “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…” [emphasis added] SAPOA had from October 12, 2022 to October 27, 2022 (thirty (30) to forty-five (45) days from September 12, 2022) in which to submit the parties’ differences to a factfinding panel. SAPOA did not make such a request during the eligible time period. As a result, SAPOA waived its right to request factfinding. As the parties have been unable to reach an amenable agreement and SAPOA did not request factfinding, the next step in the process is to bring forward the City’s LBF for Council to implement. Approval of this item will result in the implementation of the terms and conditions of the City’s last, best, and final offer made to SAPOA on September 8, 2022. The major provisions of the LBF include: one (1) year term from January 1, 2022 through December 31, 2022; salary increase of three percent (3%) effective the first pay period following City Council approval of the MOU; City to administer medical, dental, and long- term disability insurance benefits for active employees effective January 1, 2024; updating discipline and grievance process language; bilingual pay recertifications every three (3) years for employees who receive bilingual pay; modifying the maximum amount