Charter Reference — Created, art. IV §1.
Cross References — Pension fund, §§125.070 et seq., as to ambulance fees adopted by the city, a current schedule of these fees is held on file in the city offices.
[CC 1970 §2-96; CC 1947 §8-2]
The Chief of Police is in charge of and responsible for the
efficient organization and functioning of the Police Department under
the general supervision of the City Manager. Before entering upon
the duties of his/her office, he/she shall give a surety company bond
to the City in the sum of one thousand dollars ($1,000.00) to be approved
by the Board of Aldermen, with conditions and subject to the provisions
of the Charter and this Code relating to bonds of City Officers.
[CC 1970 §2-97; CC 1947 §8-9]
The Chief of Police shall have custody of all of the books,
records, property, weapons, badges, furniture, vehicles, equipment,
supplies and merchandise of the Police Department and shall direct
and have the responsibility for the good conduct and proper and efficient
performance of their duties by the members and employees of the Police
Department. In all such matters, he/she shall be subject to and have
the advice of the City Manager. He/she shall perform such specific
duties as may be provided by the laws of the State and the provisions
of this Code.
[CC 1970 §2-98; CC 1947 §8-10]
The Chief of Police may promulgate rules and regulations for
the government of the Police Department and Policemen, to be subject
to approval by the City Manager, and may in like manner from time
to time amend or repeal such rules and regulations or adopt new rules
and regulations.
[Ord. No. 6568, 12-11-2018]
These provisions are adopted for the purpose of providing a framework within which law enforcement personnel employed by the City of Clayton can exercise their rights under Mo. Const. Art. I, § 29, to bargain collectively with the City through representatives of their own choosing.
[Ord. No. 6568, 12-11-2018]
A.
These provisions shall apply to all regular, sworn full-time personnel
employed in the Police Department.
B.
It is the City's determination that all regular full-time non-supervisory
employees employed within the Police Department constitute the most
appropriate unit for the purpose of collective bargaining. Any election
conducted for the purpose of allowing employees to designate an exclusive
bargaining representative, as provided below, shall take place within
this unit, subject to the following exclusions:
1.
To avoid the division of loyalties and conflicts of interest,
supervisory personnel shall not be included within the same bargaining
unit as employees they supervise. Further, the same labor organization
shall not represent both non-supervisory and supervisory employees
within the Police Department. For the purposes of this Subsection,
Sergeants, Lieutenants, Captains, and the Chief of Police shall be
considered supervisory employees.
[Ord. No. 6568, 12-11-2018]
A.
Any labor organization wishing to represent employees employed in
the City's Police Department, in either a supervisory or non-supervisory
bargaining unit, shall present to the City's City Manager cards
containing the signature of at least thirty percent (30%) of the employees
in the unit, indicating that they wish to select the labor organization
in question as their exclusive bargaining representative for the purpose
of collective bargaining.
B.
Upon receiving such cards, the City Manager shall validate the signatures
on the cards, and confirm that at least thirty percent (30%) of the
employees in the bargaining unit have signed cards. If the City Manager
determines that at least thirty percent (30%) of the employees in
the unit have signed valid cards, the City Manager shall consult with
the Chief of Police and the representative of the labor organization
that has presented the cards, and together they shall select a mutually
agreeable date for a secret ballot election to take place. The election
shall be held at City Hall, and shall be set for a date falling no
less than one (1) and no more than four (4) weeks after the day upon
which the City Manager first receives the cards from the labor organization's
representative, unless the City and the representative of the labor
organization both agree upon a date outside that period.
C.
Once an election date has been set, the City Manager shall issue
a notice informing all eligible voters of the date, time, and place
of the election. Such notice shall be distributed to all employees
in the bargaining unit and shall be posted within the Department.
D.
From the time the election notice is first posted until the date
of the election, all employees (including management) of the City
have the right to freely express their opinions about whether or not
the labor organization should be selected as the exclusive bargaining
representative of the employees in the bargaining unit. However, no
employee of the City and no representative of the labor organization
shall attempt to threaten, intimidate, coerce, or otherwise restrain
any eligible voter in the free exercise of his or her individual choice
to support or oppose the selection of the labor organization in question
as the exclusive bargaining representative of the employees in the
bargaining unit.
E.
The election shall be conducted by secret ballot, using such procedures
as the City Manager shall determine are appropriate for ensuring the
privacy and security of each employee's vote. Once the poll is
closed, both parties shall oversee the counting of the ballots. One
(1) representative of the City and one (1) representative of the labor
organization shall have the right to be present during the counting
of the ballots.
1.
The ballots shall read "Do you wish to select [labor organization]
as the exclusive bargaining representative for [description of bargaining
unit] employed within the City of Clayton Police Department?" The
ballot will include check boxes for marking "yes" or "no" in response
to this question.
2.
In the event that more than one (1) labor organization seeks
to represent employees in the unit, and in the event both labor organizations
have obtained signatures from at least thirty percent (30%) of the
employees in the unit stating that they wish to designate the labor
organization as their exclusive bargaining representative, then the
ballot shall read "Do you wish to select [labor organization A], [labor
organization B], or no labor organization as the exclusive bargaining
representative for [description of bargaining unit] employed within
the City of Clayton Police Department?" The ballot will then include
check boxes for marking "I wish to select [labor organization A] as
my exclusive bargaining representative," "I wish to select [labor
organization B] as my exclusive bargaining representative," and "I
do not wish to select any labor organization as my exclusive bargaining
representative."
3.
Any labor organization receiving more than fifty percent (50%)
of the votes of all eligible voters shall be designated and recognized
by the City as the exclusive bargaining representative for all employees
in the bargaining unit.
F.
Employees within the bargaining unit shall have the right to seek
to decertify the labor organization as their exclusive bargaining
representative at any time. If any employee within the bargaining
unit presents to the City Manager cards bearing the signatures of
at least thirty percent (30%) of the employees within the bargaining
unit stating that those employees no longer wish to be represented
by the labor organization in question, the City Manager shall first
validate the signatures on the cards.
1.
If the City Manager confirms that at least thirty percent (30%)
of the employees in the bargaining unit have signed decertification
cards, the City Manager shall consult with the Chief of Police and
the designated representative of the labor organization to select
a date for a decertification election. Such election shall take place
at least four (4) weeks after the City Manager receives the decertification
cards, and no later than six (6) weeks after the City Manager receives
the decertification cards unless the City Manager and the representative
of the labor organization both agree upon a date outside that period.
Notice of such election shall be distributed to all employees within
the bargaining unit and posted within the Police Department.
2.
If more than fifty percent (50%) of the employees in the bargaining
unit cast votes to terminate the labor organization's representation
of the employees in the bargaining unit, the labor organization shall
immediately cease to represent the employees in the bargaining unit.
3.
In the event of the decertification of the exclusive bargaining
representative of the employees in any bargaining unit within the
Police Department, all terms and conditions of employment existing
at the time of decertification shall remain in place until such time
as those terms or conditions of employment may be altered by the City
from time to time.
G.
No more than one (1) election shall take place in any bargaining
unit within the same twelve-month period. Once an election takes place,
the City Manager shall not accept cards from labor organizations or
employees within the bargaining unit seeking another election for
one (1) full calendar year after the date of the election.
[Ord. No. 6568, 12-11-2018]
A.
Within four (4) weeks after a labor organization is certified as
the exclusive bargaining representative for the employees in a bargaining
unit as set out above, representatives of the City, designated by
the City Manager, and representatives of the labor organization, selected
by the labor organization, shall meet and begin bargaining for an
agreement covering the terms of employment for the employees within
the bargaining unit.
B.
Both sides shall bargain in good faith and make an earnest effort
to reach a mutually acceptable agreement, but neither side shall be
required to offer any particular concession or withdraw any particular
proposal.
C.
The City may pay union representatives for time spent participating
in collective bargaining or preparing for collective bargaining as
agreed upon by the City and the labor organization through the collective
bargaining process.
D.
The union and its members shall not refuse to meet with City's
designated representatives or attempt to bargain with anyone other
than the City's designated representatives. The union and its
members shall not engage in conduct intended to cause the removal
or replacement of any designated representative by the City. Any labor
organization violating this provision may be sued for damages to the
extent that the labor organization contributed to the removal of the
representative of the City.
E.
The completion of discussions, as referenced above, shall include
the ratification of any such proposal by the labor organization prior
to its presentation to the Board of Aldermen for adoption, modification
or rejection. The Board may approve the entire agreement or any part(s)
thereof. If the Board rejects any portion of the agreement, the Board
may return the rejected portion(s) of the agreement to the parties
for further bargaining, or the Board may adopt a replacement provision
of its own design, or the Board may state that no provision covering
the topic in question shall be adopted.
F.
After the first agreement between the City and the labor organization
is adopted, bargaining for renewal agreements shall occur according
to the Agreement.
[Ord. No. 6568, 12-11-2018]
A.
Labor agreements negotiated between the parties may cover wages,
benefits, and all other terms of employment for employees within the
bargaining unit, subject to the following limitations.
1.
Every labor agreement shall include a provision reserving to
management the right to hire, promote, assign, direct, transfer, schedule,
discipline, and discharge employees, so long as those rights are not
exercised in a way that conflicts with any express provision of the
labor agreement. Every labor agreement shall also include a provision
reserving to management the right to make, amend, and rescind reasonable
work rules and standard operating procedures, so long as such work
rules and standard operating procedures do not conflict with any express
provision of the labor agreement.
2.
To the extent that it is constitutionally permitted, every labor
agreement shall expressly prohibit all strikes and picketing of any
kind. Every labor agreement shall include a provision acknowledging
that any employee who engages in any strike or concerted refusal to
work, or who pickets over any personnel matter shall be subject to
immediate termination of employment.
[Ord. No. 6568, 12-11-2018]
A.
In the event of a budget shortfall, the Board of Aldermen shall have
the right to request the modification of the economic terms of any
labor agreement.
B.
Should the Board deem it necessary to modify the economic terms of
any labor agreement, it shall so notify the relevant labor organization,
and shall provide a period of thirty (30) days during which the City
and the labor organization shall bargain in good faith over any necessary
adjustments to the economic terms of the agreement.
C.
If, at the end of the thirty-day period, the parties have been unable
to agree upon modifications that meet the Board's requirements,
the Board shall have the right to make necessary adjustments on its
own authority. The Board's decision may be appealed pursuant
to the grievance procedure contained in a Collective Bargaining Agreement.
[Ord. No. 6568, 12-11-2018]
A.
If the State of Missouri passes any law governing collective bargaining
for law enforcement personnel, then to the extent any of the provisions
established herein are inconsistent with the Missouri Statute, the
inconsistent provisions shall be superseded in whole or in part by
such Statute.
B.
If any court of competent jurisdiction shall declare any of the provisions
established herein to be unenforceable under any State or Federal
Statute, regulation, or other authority, the unenforceable portion
of the provisions shall be removed, but all other provisions contained
herein shall remain in effect.
