HomeMy WebLinkAboutResolution 90-275 08/06/1990
r ~~SDIUt~~l1 N®. 90-275 N.C.S.
of the City of Petaluma, California
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA
TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 6, 1990, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT
TO SECTION 23302 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Petaluma called a Special
Municipal Election to be held on Tuesday, November 6, 1990, for the
purpose of submitting to the voters measures relating to the amendment
of the City Charter; and
WHEREAS, it is desirable that the Special Municipal Election be
consolidated with the Statewide General Election to be held on the same
date and that within the city the precincts, polling places and election
officers of the two elections be the same, and that the county election
department of the County of Sonoma canvass the returns of the Special
Municipal Election and that the election be held in all respects as if
there were only one election;
NOW, THEREFORE, THE CITY_ COUNCIL OF THE CITY OF
PETALUMA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS
SECTION 1. That pursuant to the requirements of Section 23302
of the Elections Code, the Board of Supervisors of the County of
Sonoma is hereby requested to consent and agree to the consolidation of
a Special Municipal Election with the Statewide General Election on
Tuesday, November 6, 1990, for the purpose of submitting to the
voters measures relating to the amendment of the City Charter.
SECTION 2. That a measure is to appear on the ballot as follows:
"Shall the City of Petaluma Charter Section 82 be amended in
to indicate as follows
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BINDING ARBITRATION.
Any disputes on wages, hours, and conditions of employment,
which cannot be resolved 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. Strikes by police or firefighters would be a
violation of the City Charter and would allow discipline,
including termination, of the striking employee."
The measure text is attached as Exhibit (1) .
SECTION 3. That the county election department is authorized to
canvass the returns of the Special Municipal Election . The election
shall be held in all respects as if there were only one election, and
only one form of ballot shall be used.
SECTION 4. That the Board of Supervisors is requested to issue
instructions to the county election department to take any and all steps
necessary for the holding of the consolidated election.
SECTION 5. That the City of Petaluma recognizes that additional
costs will be incurred by the County by reason of this consolidation
and agrees to reimburse the County for any costs.
SECTION 6. That the City Clerk is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and the
county election department of the County of Sonoma.
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) (~~sdr)x~esisel~ meeting fO~
on the ..._6 tr~l....-•---..-.. day of ................~11x~u.~Z..........................-., 19...E 0 by the
following vote:
City Attorney
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
.NOES: 0
ABSENT: 0 ' '
ATTEST : '
reso u iori~~
City Clerk Mayor
cb,~~;i F~i~...---.2.........--------------- R E S 0 2
CA 10-85 ~ Res. No.....9~.-2.7.r~....._.. N.C.S. H~2I9O
"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 organiza-
tion 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 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 employment, 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 department 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 organization, 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
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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
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
conditions 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 employ-
ment 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 differences, 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."
exhibit 1
RESO2
8/2/90
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