Frequently Asked Questions

The Town of Atherton only accepts applications for positions that are advertised as open.

If the Town has open positions, they are listed on the Town's Human Resources Web Page under Employment Opportunities.

Yes. All of the Town's current Memorandums of Understanding with the Atherton Police Officers Association, specific position employment contracts, and salary & benefit resolutions are all online. They are accessible via the Human Resources Web Page under Labor Contracts.

The Town has one bargaining unit that represents the Atherton Police Officers and Dispatchers. This is the only segment of employees represented by a bargaining unit. California law (Government Code) provides employees the right to form, join and participate in "concerted" or "union" activities. When this occurs, the employer and union or association have a legal obligation to "meet and confer in good faith" on matters involving wages, hours or other terms and conditions of employment. The result of this "meet and confer" process or "collective bargaining" process is a negotiated labor agreement or Memorandum of Understanding (MOU).

There are many factors that are taken into consideration when the Town decides what issues it will introduce during the negotiations process. The strongest influences on the negotiation process is the Town's fiscal condition and operational considerations. The City Manager serves as the Town's chief negotiator during the negotiations process with the APOA. The City Manager meets with the City Council in closed session to provide updates on the negotiation process and issues involved. With the approval of the the City Manager and the direction of the City Council, proposals and issues are identified that meet the needs of the Town and organization. These are brought forward during the negotiations process.

The two parties, the Town and the APOA, each have their own process for determining what proposals they bring to the negotiations table. Through the collective bargaining process, the parties attempt to reach agreement by negotiating the proposals presented. When a tentative agreement is reached, the APOA presents the agreement to its members for approval. If the employees approve the tentative agreement, the City Manager then brings the agreement to the City Council for ratification.

If the MOU expires prior to a successor MOU being successfully negotiated, the terms and conditions of employment remain in place while the parties are still engaged in the negotiations process. The effective date of any ultimately ratified amendments or changes becomes a point of further negotiation.

A "concession" is a term used when the employees or employer are being asked to reduce, eliminate, or impose wages or benefits. For example, an employee concession could be to reduce their wages by 5% in the face of fiscal distress expressed by the Town. A concession by the Town could be to add or impose a benefit not previously provided in lieu of something different.

Any structural deficit (operating revenues less than operating expenditures) is one of the most important factors for negotiation discussions (from the Town's perspective). Labor costs are the highest percentage of costs to the Town's General Fund. Increases to wages or benefits directly impact current and future budgets.

There is no set time frame for bargaining to be concluded. Both parties have a legal obligation to meet and confer in good faith. Insofar as those discussions continue to be productive, the parties continue to meet. When, after a reasonable period of time, the parties fail to reach agreement, the parties may mutually agree to request mediation and ultimately move to impasse.

Mediation is a voluntary process sometimes used when the parties are unable to reach agreement. If both parties agree to seek the assistance of a neutral third party, a State "mediator" will meet with the parties and try and resolve remaining issues.

When the parties have reached a deadlock in negotiations they are said to have reached an impasse in negotiations. State law provides specific requirements for impasse.

Effective January 2012, when a local public agency has reached an impasse during collective bargaining with representatives of a recognized employee organization, the employee organization is able to require the bargaining impasse to be submitted to a "fact finding" panel. Specifically, if a mediator is unable to effect settlement within 30 days of appointment, the employee organization may request that the differences be submitted to a tri-party fact finding panel consisting of one representative from each of the sides and a chairperson selected by the Public Employment Relations Board ("PERB"). The fact finding panel is charged with making written findings of fact and advisory recommendations covering unresolved issues during negotiations. The panel is empowered to conduct investigations, hold hearings and take any steps it deems appropriate to resolve the bargaining impasse, including the issuance of subpoenas requiring witness testimony and the production of evidence. If the impasse is not settled by the panel within 30 days after appointment, they must submit any findings of fact and recommended terms of settlement to the parties. The public agency is required to make these findings and recommendations publicly available within 10 days of receiving them. After applicable mediation and fact finding procedures have been exhausted, but no earlier than 10 days after the issuance of the panel's written findings and recommendations, a public agency may implement its last, best and final offer. Prior to doing so the agency must hold a public hearing regarding the impasse. Agency experience with the 2012 State law has revealed that the new fact finding/impasse tends to be a costly solution to negotiation stalemates.