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IMPASSE - means that the representatives of the City and a Recognized Employee Organization <br />have reached a point in their meeting and conferring in good faith where their differences <br />concerning matters on which they are required to meet and confer, remain so substantial that <br />further meeting and conferring would not be likely to result in an agreement. <br />MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, <br />functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an <br />impasse, through interpretation, suggestion and advice. Mediation and conciliation are <br />interchangeable terms. <br />MEET AND CONFER 1N GOOD FAITH - (sometimes referred to herein as "meet and confer" <br />or "meeting and conferring ") - means the performance by duly authorized City representatives <br />and duly authorized representatives of a recognized employee organization of their mutual <br />obligation personally to meet and confer in good faith promptly upon the request of either party <br />and continue for a reasonable period of time in order to exchange freely information, opinions <br />and proposals, and to endeavor to reach agreement on matters within the scope of representation <br />prior to the adoption by the City of its final budget for the ensuing year. This does not require <br />either party to agree to a proposal or to make a concession. <br />MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement <br />between the City and a recognized employee organization reached through meeting and <br />conferring. <br />PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal <br />duties consist of active law enforcement and who is designated as a "peace officer" as that term <br />is defined in Section 830, California Penal Code, except that, for purposes of this Resolution <br />only, "peace officer" does not mean a park patrolman, security guard or a member of the fire <br />department, whether the latter be serving as a member of an arson investigating unit, as a deputy <br />or assistant state fire marshal, or in any capacity wherein the member would have the status of <br />peace officer for purposes other than that of this Resolution. <br />RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has <br />been granted formal recognition by the Employee Relations Officer as the employee organization <br />which has the right to meet and confer in good faith as the majority representative of all <br />members of an appropriate representation unit pursuant to Section 11 hereof, except those <br />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 <br />secret ballot election as the exclusive representative of the employees in an appropriate <br />representation unit pursuant to Section 11 of this Resolution. <br />SCOPE OF REPRESENTATION - means those matters relating to employment conditions and <br />employer- employee relations including, but not limited to, wages, hours, and other terms and <br />conditions of employment except, however, that the scope of representation shall not include <br />consideration of the merits, necessity, or organization of any service or activity provided by law <br />or executive order. <br />71 <br />