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A. Each employee organization seeking recognition as the authorized representative of an appropriate group shall file upon demand with the city manager the following:

1. The name and address of the organization.

2. A copy of its charter, constitution and bylaws, if such documents exist.

3. The names, titles, addresses and telephone numbers of its duly elected officers.

4. A statement that membership in such organization is not denied because of race, creed, color, sex, disability, national origin, ancestry, religion, age or genetic testing.

5. A petition requesting designation as the authorized representative of an appropriate group supported by the signatures of not less than 30 percent of the eligible employees in that group.

B. Each petition submitted to the city manager shall contain the name of the employee group, the name of the employee organization, signature, printed name, employee number, date of signature, and employee position of each person signing the petition. No signature on a petition shall bear a date greater than 90 days in advance of submittal. If an eligible employee signs more than one petition, then the latest dated signature shall be considered valid.

C. Petitions for recognition shall be filed during the time period from November 1st to November 30th. The city manager shall, within 30 days from receiving the petition, verify the signatures of eligible employees within the designated group and shall then promptly set an election. No election should be directed in any appropriate group or any subdivision within which, in the preceding 12-month period, a valid election shall have been held or under the conditions stated in subsection (F) of this section.

D. The city manager shall, within 30 days from receiving the petition, verify that 30 percent of eligible employees within the designated group have signed the petition and shall then promptly post conspicuous notice of receipt of such petition. Once a petition has been filed with the city manager calling for a representation election, other organizations may seek to be placed on the ballot. To do so, the organization must file a petition containing the valid dated signatures of not less than 30 percent of the employees in the employee group. This petition must be filed no later than 10 days after the city manager has posted the written notice. The city manager shall conduct a secret ballot election among the employees in the employee group within 30 days of the posting of the written notice.

E. Each employee eligible to vote shall be provided the opportunity to choose the employee organization he/she wishes to represent him/her from among those on the ballot, or to choose “none.” An organization shall not be listed on the ballot unless the city manager has found a showing of interest as required under subsection (A) of this section.

F. To be certified as an authorized representative, an employee organization must receive a majority of the votes cast. In an election involving three or more choices, where none of the choices receive a majority of the votes cast, a run-off election shall be conducted between the two choices receiving the largest number of votes.

G. Where a majority of the votes in an employee group cast votes in favor of representation by an organization, the city manager shall certify the organization as the exclusive representative for all employees in that employee group.

H. After an employee organization has been the exclusive representative of an employee group for at least one year (12 months), any member of the employee group can initiate an election to decertify the exclusive representation by submitting a petition containing not less than 30 percent of eligible employees in the employee group. If the city manager verifies the petition is valid and in compliance with this code the election shall be conducted in the same manner as a representation election. Petitions for decertification shall be filed during the time period from September 1st to October 1st of the year immediately preceding the expiration of said memorandum of understanding.

I. Election disputes shall be resolved by a third party, designated by the mayor and city council, whose decision shall be final and binding on the parties.

J. The city manager may refer the administration of any election to the city clerk. [Ord. 21-19 § 2; Ord. 18-09 § 1; Res. 18-24; Code 2004 § 3-276.]