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HomeMy WebLinkAboutResolution 90-274 08/06/1990 FZesolution No. 90-274 N C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE AMENDMENT OF THE CITY CHARTER WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a Special Municipal Election shall be held on Tuesday, November 6, 1990; and WHEREAS, the City Clerk has certified the petition received from the Police and Fire Binding Arbitration Committee with more than 15 0 of the registered voters having signed the petition to place a Charter amendment proposal on the November 6, 1990, ballot; and WHEREAS, the City Council also desires to submit to the voters at the election said question relating to the amendment of the Petaluma City Charter; and WHEREAS, the petition proposed that the following language be added to the Petaluma City Charter "Section 82: POLICE AND FIREFIGHTERS BINDING ARBITRATION Section 1. Declaration of Policy. It is hereby declared to be the policy of the City of Petaluma that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes . Section 2. Prohibition Against Strikes. No City of Petaluma police officer or firefighter employee, employee union, association or organization shall, strike or engage in such concerted economic activity against the City of Petaluma. Disputes unresolved by negotiations should be resolved by the arbitration procedure set forth herein. Any such employee who fails to report for work without good and just cause during said negotiations or who aids, abets or encour- ages strikes, or other such economic activity against the City 1 Res. ~q...._90._.2..7/{....._ N.e.s. - of Petaluma during such time shall be subject to disciplinary action, including, but not limited to termination from the City of Petaluma employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures. Section 3. Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and other terms and conditions of the City employ- ment, including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances . Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire or police depart- ment or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department or police department bargaining unit shall be eliminated or changed. Section 4. .Impasse Resolution Procedures. All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and either the fire or police department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the city or by the recognized employee organization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organiza- tion, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternately strike names from the list of nominees until only one name remains and that person 2 Reso. 90-274 N.~.S, shall then become the third arbitrator and chairman of the Arbitration Board . Any arbitration convened pursuant to this article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and condi- tions of public and private employment, including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours., and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award. After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten-day period the parties may meet privately, attempt to resolve their differ- ences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten-day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award. The expense of any arbitration convened pursuant to this article, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 3 r::s~. 90-274 N.C.S. SECTION 1. That pursuant to the requirements of the State of California relating to charter cities, there is called and ordered to be held in the City of Petaluma, California, on Tuesday, November 6, 1990, a Special Municipal Election for the purpose of amending the Charter of the City of Petaluma. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question Shall the City of Petaluma Charter be amended by adding Section 82 to provide as follows: BINDING ARBITRATION. Any disputes on wages, hours, and conditions of employment, which cannot be resolved YES through negotiations, would have to be submitted to a three-member arbitration board for final and. binding decision subject to limited court challenge. The proposed amendment also adds a provision consistent with existing state law prohibiting firefighters and police officers from striking. NO Strikes by police or firefighters would be a violation of the City Charter and would. allow discipline, including termination, of the striking employee. SECTION 3. That the proposed measure submitted to the voters is as follows "Section 82: POLICE AND FIREFIGHTERS BINDING ARBITRATION. Section 1. Declaration of Policy. It is hereby declared to be the policy of the City of Petaluma that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes. Section 2. Prohibition Against Strikes. No City of Petaluma police officer or firefighter employee, employee union, association or organization shall, strike or engage in such concerted economic activity against the City of Petaluma. 4 Reso. 90-274 N.C.S. Disputes unresolved by negotiations should be resolved by the arbitration procedure set forth herein . Any such employee who fails to report for work without good and just cause during said negotiations or who aids, abets or encourages strikes, or other such economic activity against the City of Petaluma during such time shall be subject to disciplinary action, including, but not limited to termination from the City of Petaluma employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures. Section 3. Obligation to Negotiate in Good Faith. The City, through-its duly authorized representatives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and other terms and conditions of the City employ- ment, including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire or police depart- ment or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department or police department bargaining unit shall be eliminated or changed. Section 4. Impasse Resolution Procedures. All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and either the fire or police department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the city or by the recognized employee organization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration . The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organiza- tion, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor 5 Reso. 90-274 N.C.S. arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternately strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and chairman of the Arbitration Board. Any .arbitration convened pursuant to this article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken. into consideration in the determination of wages, hours, and other terms and condi- tions of public and private employment, including, bLit not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award. After reaching a decision, the Arbitration Board shall. mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed anal shall not be binding until ten (10) days after it is delivered to the parties . During that ten-day period the parties may meet privately, attempt to resolve their differ- ences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten-day period, which may be extended. by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award. The expense of any arbitration convened pursuant to this article, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses . " SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. 6 Reso. 90-274 N.C.S. - SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continu- ously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. resolution 7 RES02 8/2/90 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~Xyt~>~i3b~~~pYeifr~ meeting form? on the ..-•----.-fzt~h._.-..... day of ..........-••--.........Ai~.gus.t 19-.-~Q, by the ~ ~ following vote: - • City Attorney AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES : 0 ABSENT: U ~ ATTEST: . ~ . ..C!L~1........ City Clerk Mayor (,buncil File.....--•-2°--••-°--°-........ CA 10-85 Res. No........9~-274 N.C.S.