Skip to main content
Loading…
This section is included in your selections.

A. If there is a claim of breach of a memorandum of understanding and the employee organization’s existing memorandum of understanding does not provide a process for resolution of the breach, the breach process in subsection (B) of this section shall apply.

B. In the event that there is a claim of breach of a memorandum of understanding that the employee organization and the city have been unable to informally resolve, the following process shall be followed:

1. If either party claims that the memorandum of understanding has been breached, the parties shall:

a. Within 45 days of the alleged breach, the party alleging the breach shall give written notice to the party who has allegedly breached the memorandum of understanding. The notice shall specify the provision(s) breached and the facts and evidence demonstrating or supporting the breach and the proposed remedy;

b. A written response to the alleged breach shall be submitted to the party alleging the breach within 10 days of the written notice;

c. Within 14 days of the written notice, the parties shall meet and attempt to resolve the matter; and

d. A written agreement which is intended to resolve the matter shall be signed by the parties and submitted to the city manager;

e. In the event that an agreement is not reached and the possibilities of settlement through direct discussions between the parties is remote, either the city manager or the city manager’s designated persons or the representative of the employee organization may initiate a request to the city council to refer the matter to mediation. Upon receiving a request for formal mediation from either or both parties, the city council may request that a mediator be assigned forthwith to the case. The mediator shall be selected by mutual agreement of the parties. All costs associated with use of a mediator will be split equally between the city and the employee organization. [Ord. 18-09 § 1; Res. 18-24; Code 2004 § 3-279.]