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HomeMy WebLinkAboutR-9083 Proposed Charter Amendment regarding Binding Arbitration_J RESOLUTION NO. 9083 (2000 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT (THE TAXPAYERS' RIGHT TO DECIDE) REGARDING VOTER APPROVAL OF CERTAIN BINDING ARBITRATION DECISIONS RELATING TO LABOR DISPUTES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 7, 2000 WHEREAS, a General Municipal Election on Tuesday, November 7, 2000 has been called by Resolution No. 9074, 2000 series, adopted on July 18, 2000; and WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a proposed charter amendment which would add Section 1106, The Taxpayers' Right to Decide, to the City Charter; and WHEREAS, the Elections Code and applicable local law provide the Council with the authority to submit a Charter amendment to the electorate; and WHEREAS, the Council finds that it is fiscally prudent and in the public interest to refer to the voters certain financial burdens associated with a binding arbitration award involving Police Officers' Association or Firefighters' Union employees. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo, California, does resolve, declare, determine and order as follows: SECTION 1: That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on Tuesday, November 7, 2000, the following question: Measure T Shall the "Taxpayer's Right to Decide" be enacted, amending the City's Yes Charter to ensure fiscal accountability to the San Luis Obispo citizens by requiring voter approval of any binding arbitration award that imposes a financial burden greater than the increase in the local cost of living or the City's final offer, whichever is greater, limiting binding arbitration to No salary only, and enacting other provisions to implement binding arbitration if it is approved by Measure S? SECTION 2. That the text of the charter amendment submitted to the voters is attached as Exhibit A. M111i31 Resolution No. 9083 (2000 Series) Page 2 SECTION 3. That Section 1106 shall be effective only if Measure S, entitled, "A Measure Amending The City Charter To Require That Labor Disputes Between the City Of San Luis Obispo and The Police and Firefighters Associations Be Resolved By Binding Arbitration" is enacted by the voters. The provisions of Subsections (A), (B) and (C) of Section 1106 are intended as alternatives to certain provisions of Measure S and shall supercede those provisions. The provisions of Subsection (D), (E) and (F) of Section 1106 are intended to clarify, implement and supplement that Measure. SECTION 4. That the City Council authorizes any and all members of the City Council to file written arguments In Favor or Against the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 5. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attomey, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. 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 7. 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. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 9. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder. On motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Member Ewan, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Members Marx and Romero 1 J' Resolution No. 9083 (2000 Series) Page 3 The foregoing resolution was passed and adopted this 28th day of July 2000. Mayor Allen ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Resolution No. 9083 (2000 Series) Exhibit A A CHARTER AMENDMENT ADDING SECTION 1106 TO THE CHARTER OF THE CITY OF SAN LUIS OBISPO IMPLEMENTING THE TAXPAYERS' RIGHT TO DECIDE Section 1106. The Taxpayers' Right to Decide To protect the public health, safety and welfare, to ensure responsible fiscal authority, and to require the highest standards of public safety employee performance, the binding arbitration established by Section 1107 of this Charter shall be subject to the following provisions notwithstanding any provision to the contrary contained within that Section: (A) To protect the financial health of the City, any decision resulting from arbitration that would result in the payment of an across - the -board salary increase greater than the City's last offer of settlement made pursuant to Section 1107 (d) (4), will not become effective unless and until approved by a majority vote of the voters. The City Clerk and City Council shall expeditiously take all steps necessary to submit the matter to the voters. The City Council shall not be required to call a special election for the approval of arbitrated agreements more than once a year and may consolidate such elections with elections held for other purposes. (B) Arbitration shall be limited to across- the -board salary increases only. To provide the Police Chief, Fire Chief and other city management with the ability to maintain the highest standards for public safety service, other issues besides salary related to working conditions, management rights, employee discipline and other employment benefits, including the assignment or deployment of personnel, will not be subject to arbitration. (C) The San Francisco - Oakland -San Jose Consumer Price Index (CPI) shall not be used as a factor by the arbitrator. (D) Mediation as a form of alternative dispute resolution and as described in Resolution 6620, 1989 series, shall be a requirement prior to binding arbitration. (E) If any provision or portion of this measure or the application to any person or circumstances is held invalid, that invalidity shall not affect any other portion, provision, or application of this measure. C ���� �� 1�� ��� /� /�� /'I � � C �/Jv