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If the parties have failed to resolve all their disputes through mediation within <br />fifteen (15) days after the mediator commenced meetings with the parties, the parties may <br />agree to submit the issues in dispute directly to the City Council. In that event, the City <br />Council shall finally determine the issues after conducting a public hearing thereon and after <br />such further investigation of the relevant facts as it may deem appropriate. <br /> <br /> If the parties have exhausted the mediation process, the matter shall be submitted <br />to the City Council for resolution. <br /> <br />Section 20: Construction <br /> <br />This Resolution shall be administered and construed as follows: <br /> <br /> Nothing in this Resolution shall be construed to deny to any person, employee, <br />organization, the City, or any authorized officer, body or other representative of the City, <br />the rights, powers and authority granted by Federal or State law or City Charter <br />provisions. <br /> <br /> Nothing in this Resolution shall be construed as making the provisions of <br />California Labor Code Section 923 applicable to City employees or employee organizations, <br />or of giving employees or employee organizations the right to participate in, support, <br />cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial <br />stoppage or slowdown of work or any other interference with the conduct of the City's <br />operations. <br /> <br /> Nothing contained in this Resolution shall abrogate any written Memorandum of <br />Understanding between any employee organization and the City in effect on the effective <br />date of this Resolution. All such agreements shall continue in effect for the duration of <br />the term specified therein unless modified or rescinded by mutual agreement of the <br />parties thereto. <br /> <br /> Whenever written notice is required by this Resolution, such notice shall deem to <br />have been received on the day immediately following the day on which it was mailed <br />(excluding Saturdays, Sundays, and holidays on which the offices of the City are closed) <br />provided the same was sent by first class or certified mail, postage prepaid to the City at <br />20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at <br />its last address furnished to the City. <br /> <br />Section 21: Severabilitg <br /> <br /> In any section, subsection, sentence, clause or phrase of this Resolution, or the <br />application of such portion to any person or circumstance, shall be held invalid by a decision <br />of any court of competent jurisdiction, the remainder of this Resolution, or the application <br /> <br />102 <br /> <br /> <br />