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If the parties so agree, the issue or issues at impasse shall be submitted directly to the City <br />Council for determination. <br />If they do not agree within seven (7) days following the conclusion of the impasse meeting set <br />forth in Section 18 above, either party may submit the impasse to mediation. <br />All mediation proceeding shall be private and the mediator shall make no public <br />recommendation, nor take any public position at any time concerning the issues. <br />If the parties are unable to agree on a mediator after a reasonable period of time, they shall select <br />the mediator from a list of three names to be provided by the State Conciliation Service, or if that <br />agency for any reason shall fail to provide such list, by the American Arbitration Association. <br />Upon receipt of such list, the parties shall alternately strike names from the list until a single <br />naive remains who shall become the mediator. The priority of striking names shall alternate <br />from one party to the other each time impasse procedures are invoked by the same parties. The <br />employee organization or the City shall commence this process in an order determined by lot <br />striking the first name from such list of names in any initial mediation. <br />The cost of the mediator, if any, shall be shared equally by both parties. <br />If the parties have failed to resolve all their disputes through mediation within fifteen (15) days <br />after the mediator commenced meetings with the parties, the parties may agree to submit the <br />issues in dispute directly to the City Council. In that event, the City Council shall finally <br />determine the issues after conducting a public hearing thereon and after such further <br />investigation of the relevant facts as it may deem appropriate. <br />I£ the parties have exhausted the mediation process, the matter shall be submitted to the City <br />Council for resolution. <br />Section 20: Construction <br />This Resolution shall be administered and construed as follows <br />Nothing in this Resolution shall be construed to deny to any person, employee, organization, the <br />City, or any authorized officer, body or other representative of the City, the rights, powers and <br />authority granted by Federal or State law or City Charter provisions. <br />Nothing in this Resolution shall be construed as making the provisions of California Labor Code <br />Section 923 applicable to City employees or employee organizations, or of giving employees or <br />employee organizations the right to participate in, support, cooperate or encourage, directly or <br />indirectly, any strike, sickout, other total or partial stoppage or slowdown of work or any other <br />interference with the conduct of the City's operations. <br />Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding <br />between any employee organization and the City in effect on the effective date of this <br />80 <br />