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<br />process in an order determined by lot striking the first name from such list of names in any initial mediation.
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<br />The cost of the mediator, if any, shall be shared equally by both parties.
<br />
<br />If the parties have failed to resolve all their disputes through mediation within fifteen (I5) days after the mediator
<br />cormnenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City
<br />Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon
<br />and after such further investigation of the relevant facts as it may deem appropriate.
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<br />If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution.
<br />
<br />Section 20: Construction
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<br />This Resolution shall be administered and construed as follows:
<br />
<br />Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any
<br />authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or
<br />State law or City Charter provisions.
<br />
<br />Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923
<br />applicable to City employees or employee organizations, or of giving employees or employee organizations the right
<br />to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial
<br />stoppage or slowdown of work or any other interference with the conduct of the City's operations.
<br />
<br />Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any
<br />employee organization and the City in effect on the effective date of this Resolution. All such agreements shall
<br />continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of
<br />the parties thereto.
<br />
<br />Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day
<br />immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the
<br />offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City
<br />at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished
<br />to the City.
<br />
<br />Section 21: Severabilitv
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<br />In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any
<br />person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of
<br />this Resolution, or the application of such portion to persons or circumstances other than those as to which it is held
<br />invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution
<br />and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections,
<br />subsections, sentences, clauses or phrases be declared invalid.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall
<br />be operative from and after May 18, 1981. ADOPTED this 18th day of May, 1981, by the following vote:
<br />
<br />A YES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
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<br />60
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