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<br />EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly intellectual
<br />and varied in character as opposed to routine mental, manual, mechanical or physical work; (b) involving the constant
<br />exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field of science or learning
<br />customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher
<br />learning, as distinguished from a general academic education, or from an apprenticeship or from training in the
<br />performance of routine, mental, manual or physical processes.
<br />
<br />EMPLOYEE, SUPERVISORY - means any emptoyee, regardless of job description or title, having authority, in the
<br />interest ofthe employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other
<br />employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or
<br />effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility
<br />is not of merety routine or clerical nature, but requires the use of independent judgment.
<br />
<br />EMPLOYEE ORGANIZA nON - means any lawful organization which includes employees of the City and which has
<br />as one of its primary purposes representing such employees in their emptoyment relations with the City; provided,
<br />however, that said organization has no restrictions on membership based on race, color, creed, sex or national origin.
<br />
<br />EMPLOYEE RELA nONS OFFICER - means the City's principal representative in all matters of employer-employee
<br />retations designated pursuant to Section 3 hereof, or his duly authorized representative.
<br />
<br />EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their
<br />employee organization, or when used in a general sense, the relationship between City management and individual
<br />employees or employee organizations.
<br />
<br />GRlEV ANCE - means a dispute, claimed by an employee, group of emptoyees or a recognized employee organization
<br />concerning the meaning, application, or enforcement of any of the provisions of the City's Employer-Employee
<br />Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal procedure is not
<br />otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution, charter provision, or
<br />memorandum of understanding.
<br />
<br />IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a point
<br />in their meeting and conferring in good faith where their differences concerning matters on which they are required to
<br />meet and confer, remain so substantial that further meeting and conferring would not be likely to result in an agreement.
<br />
<br />MEDIA nON OR CONCILlA TION - means the efforts of an impartial third person or persons, functioning as
<br />intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion
<br />and advice. Mediation and conciliation are interchangeable terms.
<br />
<br />MEET AND CONFER IN GOOD FAITH - (sometmies referred to herein as "meet and confer" or "meeting and
<br />confemng") - means the performance by duly authorized City representatives and duly authorized representatives of
<br />a recognized emptoyee organization of their mutual obligation personally to meet and confer in good faith promptly
<br />upon the request of either party and continue for a reasonable period of time in order to exchange freely information,
<br />opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the
<br />adoption by the City of its final bndget for the ensuing year. This does not require either party to agree to a proposal
<br />or to make a concession.
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<br />MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and
<br />a recognized employee organization reached through meeting and conferring.
<br />
<br />PEACE OFFICER - means an employee of the Santa Ana Police Department whose principat duties consist of active
<br />law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California Penal
<br />Code, except that, for purposes ofthis Resotution only, "peace officer" does not mean a park patrolman, security guard
<br />or a member of the fire department, whether the latter be serving as a member of an arson investigating unit, as a deputy
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