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an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or
<br />from training in the performance of routine, mental, manual or physical processes.
<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 />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 />EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer -
<br />employee relations designated pursuant to Section 3 hereof, or his duly authorized representative.
<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 />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 />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 />MEDIATION OR CONCILIATION - 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 />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 />MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and
<br />a recognized employee organization reached through meeting and conferring.
<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 offices" 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 />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
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