Eugene Charter - 2002 update05 - Laserfiche WebLink

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Eugene Charter elected to fill a vacancy shall expire when the term of the vacated position expires. Section 25. Collective Bargaining. (1) City employees shall have the right to self-organization; to form, join, and assist labor organizations; and to bargain collectively through representatives of their own choosing with respect to wages, hours, and other terms and conditions of employment. (2) The city manager shall bargain collectively on behalf of the city council with the representatives of city employees in an appropriate bargaining unit upon request of their certified bargaining agent. (3) The council shall prescribe by ordinance collective bargaining procedures to protect the city, the employees, and the public in general. In so doing, the council shall provide for: (a) impartial ordinance administration and enforcement of the ordinance; (b) resolution of interest-impasse disputes; (c) as to employees who are employed in police or fire service, a binding award by a neutral third party resolving an interest-impasse dispute; (d) equal sharing of neutral third-party costs by parties to an interest-impasse dispute; (e) employee rights; (f) employer rights; and (g) procedural finality that does not obstruct funding of collective bargaining agreements. Section 26. Liability for Unauthorized Expenditures. (1) It is unlawful for any city official or employee to expend or approve the expenditure or diversion of any moneys held by the city in excess of the amounts authorized by law or for any unauthorized purpose. (2) Any city official or employee who knowingly or with gross negligence participates in an unlawful expenditure or diversion of moneys, as described in subsection (1) of this section, is guilty of malfeasance in office and may be removed from office pursuant to procedures provided by law. (3) Any person who, in good faith and for valuable consideration, holds evidence of debt by the city that is void because it was unlawfully issued, shall have a right of action against the responsible city official or employee personally to recover on the evidence of debt, if the official or employee is guilty of malfeasance in office. (4) In case of any unlawful expenditure or diversion of moneys, as described in subsection (1) of this section, any qualified elector or taxpayer of the city shall have a right of action against the responsible city official or employee personally to recover the amount unlawfully spent or diverted, with interest, for the benefit of the city, if the official or employee is guilty of malfeasance in office. -8- 11/28/2005