Sec. 2-233. Failure to reach agreement; procedure.
A. As part of the meet and discuss process, the parties may adopt informal dispute resolution procedures.
B. If an agreement has not been reached prior to April 15, the following procedures shall be followed:
1. Either party, or both parties, may request a mediator be assigned to resolve disputes. The City shall contact the Federal Mediation and Conciliation Service to request a list of five qualified mediators. The parties shall alternately strike names from the list until one name remains. The remaining name shall be appointed as the mediator. Representatives of the authorized employee association shall make the first strike.
2. If the dispute is submitted to a mediator the following procedures shall be followed:
a. The mediator shall begin discussions with both parties within five working days of the notification of appointment to the parties.
b. If no agreement is reached within ten working days of the first mediation discussion, both parties may agree to file a written statement of their positions on the issues in dispute and to make presentations to the City Manager. Within ten working days of the submittal of the written statements or presentations of the parties, whichever last occurs, or if the parties do not agree to present their positions on the issues in dispute to the City Manager, within fourteen days of first mediation discussion, the City Manager shall take such action as he deems is in the public interest including the interests of the public employees, the employer, and the public.
3. Any costs incurred by the mediator shall be borne equally by the parties. Each party shall be responsible for any costs incurred by its own witnesses or representatives. (Ord. No. G-4854, § 1, 2006)