a.APPROPRIATE UNIT: A unit of classes or positions established for representation purposes in accordance with Section 16.09.

b.CERTIFICATION: The process and act of recognizing an employee organization as the bargaining representative for an appropriate bargaining unit.

c.CONFIDENTIAL EMPLOYEE: An employee serving in a position designated by separate administrative policy who has access to information within the scope of representation, confidential information dealing with other employees, or information regarding pending litigation and attorney-client or attorney work product privilege items.

d.DECERTIFICATION: The process and act of rescinding the rights of a recognized employee organization to act as the bargaining representative for an appropriate bargaining unit.

e.EMPLOYEE: Persons employed by the City on a regular full-time or regular part-time basis excluding persons elected by popular vote or appointed to serve on boards or commissions by the City Council.

f.IMPASSE: Inability of the City and a recognized employee organization to reach, after negotiations and exchange of proposals, agreement on the terms of a memorandum of understanding.

g.MANAGEMENT EMPLOYEE: An employee having significant responsibility for formulating, administering or managing the implementation of City policies or programs.

h.CITY REPRESENTATIVE: The City Manager, or any other management employee, person or organization duly designated as such by the City Council or by the City Manager to represent the City in labor relations matters.

i.MEDIATION: The efforts of an impartial third party or parties functioning as an intermediary to assist the parties in reaching a voluntary resolution of an impasse through interpretation, suggestion and advice.

j.MEET AND CONFER: The mutual obligation of the City and its recognized employee organizations to meet promptly upon request of either party and continue for a reasonable period of time in order to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The process should include adequate time for the resolution of an impasse as specified in Section 16.12. This process does not require either party to agree to a proposal or to make a concession.

k.MEMORANDUM OF UNDERSTANDING: A written agreement on matters subject to negotiation reached by city representatives and representatives of a recognized employee organization, which shall only be binding upon approval by the City Council.

l.NEGOTIATE: To meet and confer.

m.PEACE OFFICER: An employee who is a full-time peace officer as that term is defined in Section 830.1 of the California Penal Code.

n.RECOGNIZED EMPLOYEE ORGANIZATION: An organization certified in accordance with Section 16.09.

o.SCOPE OF REPRESENTATION: Matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment; except, however, that the scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or administrative order or is exclusively a right retained by the City.

p.SHOWING OF INTEREST: The submission of evidence of employee support by employee organizations for the purpose of certification or decertification in the manner prescribed in Sections 16.09 and 16.10.