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<br />EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the <br />interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline <br />other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or <br />effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility <br />is not of merely routine or clerical nature, but requires the use of independent judgment. <br /> <br />EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which <br />has as one of its primary purposes representing such employees in their employment relations with the City; <br />provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or <br />national origin. <br /> <br />EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all malters of employer- <br />employee relations designated pursuant to Section 3 hereof, or his duly authorized representative. <br /> <br />EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their <br />employee organization, or when used in a general sense, the relationship between City management and individual <br />employees or employee organizations. <br /> <br />GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee <br />organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer- <br />Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal <br />procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution, <br />charter provision, or memorandum of understanding. <br /> <br />IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a <br />point in their meeting and conferring in good faith where their differences concerning matters on which they are <br />required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result <br />in an agreement. <br /> <br />MEDIA nON OR CON CILIA TION - means the efforts of an impartial third person or persons, functioning as <br />intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, <br />suggestion and advice. Mediation and conciliation are interchangeable terms. <br /> <br />MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and <br />conferring") - means the performance by duly authorized City representatives and duly authorized representatives of <br />a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly <br />upon the request of either party and continue for a reasonable period of time in order to exchange freely information, <br />opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to <br />the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a <br />proposal or to make a concession. <br /> <br />MEMORANDUM OF UNDERSTANDING - means a wrilten memorandum of the agreement between the City and <br />a recognized employee organization reached through meeting and conferring. <br /> <br />PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of <br />active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California <br />Penal Code, except that, for purposes of this Resolution only, "peace officer" does not mean a park patrolman, <br />security guard or a member of the fire department, whether the latter be serving as a member of an arson <br />investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the <br />status of peace officer for purposes other than that of this Resolution. <br /> <br />RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal <br />recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer <br />in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section <br />11 hereof, except those employees in such unit who have exercised their right not join an employee organization and <br />who choose to represent themselves individually with the City, or has been designated through a secret ballot <br />election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 11 <br />of this Resolution. <br /> <br />53 <br />