HomeMy WebLinkAboutPetition to Place Initiative on BallotI
Gtyofsan luls oBtspo
990 Palm Street, San Luis Obispo, CA 93401-3249
City Clerk's Office
STATEMENT OF REJEGTION OF PETITION
Pursuant to Elections Code Section 9267, the petition regarding a measure to amend
the City Charter to require that labor disputes between the City of San Luis Obispo and
the Police Officers'Association and Firefighters'Association be resolved by binding
arbitration submitted on May 25,2000 is hereby rejected by the City Clerk for the
following reason and is therefore returned to the proponents:
The petition does not conform to Elections Code Section 9260: Form of Petition.
(Please see hed memorandum from City Attorney Jeff Jorgensen for further
n)
Lee Price, C.M.C.
City Clerk
Date
ffi ,n" Ciry of san Luis obispo is committed to include the disabled in alt of its services, programs and activities.
[\-zvl Telecommunications Device for the Deaf (805) 781-7410.
MEMORANDUM
From the Office of the City Attorney
May 25,2000
To Lee Price,
From Jeff J Attorney
Subject:CHARTER AMENDMENT PETITION CONCERNING BINDING
ARBITRATION
At your request, I have reviewed the Charter Amendment Petition conceming Binding
Arbitration which was presented to you this morning for legal sufficiency.
CONCLUSION
Unfortunately, the form of the petition does not meet the requirements of the Election Code.
Therefore, you are required by law to reject the petition and return it to the proponents.
ANALYSIS
City Charter Section 105 provides that the Charter may be amended in accordance with the
provisions of the Constitution and laws of the State of California. Therefore, a charter
amendment petition must comply with the requirements of the California Election Code. (A
copy of Section 105 is attached).
Election Code Section9260 sets forth the required form for a charter amendment petition, and
requires that the petition shall be in substantially the form specified, including specific language
which is commonly referred to as an "enactment" clause. An initial review of the petition
submitted to you this morning indicates that the petition does not have the required enactment
clause. (A copy of Election Code Section9260 is attached).
Election Code Section9267 further specifies that apetition which does not substantially conform
to the requirements for charter amendments ". . . shall not be accepted for filing by the elections
official" (emphasis added). This section was affirmed in the case of Myers v. Patterson, 196 CaL
App. 3d 130 (1987) which held that a registrar had a duty to reject an initiative petition when it
did not have the requisite notice of intent. (A copy of Election Code Section9267 and Myers v.
Patterson is attached)
Attachments:
Charter Section 105
Election Code$ 9260
Election Code $ 9267
Myers v. Patterson
1
2
J
4
Gtyo[san luls oBtspo
990 Palm Street, San Luis Obispo, CA 93401-3249
CERTIFICATION
I, Lee Price, City Clerk, do hereby certify that the foregoing is a true and correct copy of
the petition regarding a measure to amend the City Charter to require binding arbitration
submitted and subsequently rejected on May 25,2000. The signatures, names and addresses of
the circulator and the voters were redacted to ensure privacy.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATE: May 30,2000
C.M.C.
City Clerk
,
B The City of San Luis_Obispo_is committed to include the disabled in all of ils services, programs and activities.
Telecommunications Device lor the Deaf (805) 781-7410.
I
A Measure Amending The City Charter To Require That Labor Disputes
Between The City Of San Luis Obispo And The Police Officers'Association
And Firefighters' Association Be Resolved By Binding Arbitration'
Section 1107 Impartial and Binding Arbitration For San Luis Obispo Police Officers Association and
$ao i[iJ OUispo Fiiefighters Association, IAFF Local 3sz3,Employee Disputes.
(a) Declaration of Policy. It is hereby d-eclared to be the polfy.of th" -qiry o! San. l-:i: 9b-ttP.? q"l:ll|"tg firefighters
)ia-pori* om."r, *" not in the public interest and siroul<i be prohibited, Td that a method should be adopted for
pi".lf.Uy and equitably resolving disputes that might otherwise lead to such strikes.
(b) prohibition Against Strikes. No City gf San- Luis Obispo .ftefighler or police.officers shall willfully engage in a strike
against tire City. A"y;";[;;prov"" uiuinri *no* ttt" City bringi chargei of failing to report for work as part of a strike
;f;;ii'L;bffi ;.fir*i;"i tiori tir 6r nei "*proy-.1t-in the-event lhe charges are sustained upon conclusion of the
pio..iai"gt"tfrat are required by law for the impoiiti6n of disciptinary action upon said employee.
(c) Obligation to Negotiate in Good Faith._The City, through its duly aqthorlzep representatives, shall negotiate in -go9!
faitir with the San LJi;-66"dp"ii* Oini"ti asi6"iatioi and/or the San Luis Obispo- Firefighters Association, IAI'F
L,oia1 35D3, as the exclusive representativeJ of representation units comprised solely of employees of the.police
a.p"*iri *&oi trr" fire department, as such uniis are currently constituted or as they- may be amended through
;;il;1;in *Lui"",io" * pi*ia"a in tirii section, on all matteri relatingto the.wages,hours, and other terms and
;;;Aiii;"r of Crry employnient. Unless ana untit agreement is reached through. negotiations.between -authorized
iJpilltirtitir"t oi'trt"'diry ""Ji"q "-ptoy* -oig*iitrol or.orgajrizations-or idetermination is made through the
impartial arbitration pr*.6ur" hereinaftei piovided] no existing berifit, tery 9i co_nditioa of employrnent for employees
;Ar#;;t-,h;_iltrir- ouirp" poric!-bin"iit Associatiln and/or the San Luis obispo Firefighters Association.
IAFF Local 3523, shall be altered, eliminated or changed.
(d) impasse Resolution Procedures-
(t) AII disputes, controversies and grievances pertaining to wages, lrourj. or terms and conditions of City employment
which remain unt.rotu.O u6ei gdd aitfr negotiationi betwe'en'the Ci-ty and said .emqlov99 organization shall be
submitted to a three-m"*U"igoid of ArbitratSrr upon the declaration of anlmpasse by the.Ciry.or.by said employee
oii*ii"iio". Upon aecUration of impasse-by eithei party, Fg C1W 11ld empl9,y3.9. organization shall each exchange a
*fiurn last off6r of settlement on eath of t'he issuei r"*uiniog in dispute.- Written last offer of settlement shall be
exchanged between parties within two days of the declaration of impasse.
(2) Representatives designated by the City an{ represe.ltatives of the employee.organization shall each select 2Td appoint
Jri" ,r6imtor to the Board of Arbinators within tf,ree (3) business days iftei eitheiparty has notified FlothSl' in writing,
of the declaration of impasse and the desiri io pro"."d io arbitration. The third mehber of the Board of Arbitrators shall
bi sitecteO by agreemetit U"t*""o the City's un'd the -employee's_organization representative within ten (10) blsiness days
of tUe aecUritio-n of i*p*r.. This third ri:ember shall sirv6 as the ieutral arbitrator and Chairperson of the Board. in the
i"*i tfrui it e Ciry and ih" employee organization cannot agree upon the. selection of the neutral arbitrator within ten (-10)
urii""iia"v; il"r" th" aat" ttiat 6itn"t lurry has notified-t[c othir that it has declared an impass^e, eltne-r nf9 -may then
;"d;i 111g'State Mediation and Conciiiati,on Service of the State of California Deparrnent of.Indusrial Relations to
p;6;id. iliri oi r*"n tzl p"rcons who are qualified and experienced as labor arbitators. If the arbitrators selected b-y-.the
bity *O the employe! oig.lnization cannot lgree. within. *rrie (3) days after receipt of such list on one of the seven.(7) to
act'as the third^arbitrafi;O.y rit"tt have fiie (5) business a"V. to alternately stritce n,!mes, with the City's.arbitrator
itritinintti to* tt
"
list of n6minees until on" oame remains erna tnat person sha[ then become the neutral arbitrator and
Chairperson of the Board of Arbitrators.
(3) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, tyUjtgt- to, and
;d";-;d by iitfe i of Fart -g of *re Califomia Code of Civil Procedure. The Board of Arbitrators shall- hold public
f;;;g;; i.i*i". r"ii;";h-;;-tf,r-putti* and cause a transcript of the proceedings to be prepared- The Board of
etUitit6ti *ay aaopiUy un*i*o"s c'onsent such other procedurei that 9r-e designed to encourage an agreement between
the parties, expedite the arbitration hearing process, or reduce the costs ofthe arbitration process.
(5) After reaching a decision" tbe Board of Arbitrators shall mail or otherwise deiiveg a uqe 99py-.of its desisicn to the
paities. The decision of the B6ard of Arbitrators shall not be publicly disclosed and shall noJ be binding uutil teu (10) days
'after it is deiivered to the parties. During that ten (10) day plrioO the parties shall meetprivately, attempt to resolve their
differences, and by mutuai agreement aiend or mbdiry tle decision of the Board of Ar6itrators. At the conciusion of the
ten (10) diy period whictimay be exterrded by riutral agreement between the parties, the decision of Board of
Arbiiraion,'rs'it -uV be modifild or amended Ui Oe partid, shall be publicly disclosed and shall be bin$ng on the
parties. Tha City and the employee organizatisr iUat tatce whatever action is necessary to carry out Srd.effectuate the
irbitration award. No other dcti6ns by-the City Cor:ncil or by the electorate to conform or approve the decision of the
Board of Arbitrators shall be pemriued or required-
(6) The expenses of any arbitration proceeding convened pursuant to this Articie, including the fee foJ the services of the
iUairperson of the Board of Arbitrators and d:e costs of preparation of the transcript of the proceedings shall be borne
equal-ly by tbe parties. The expeuses of the arbitration, wlich the parties may incurindividqalty,. are to be borae by the
pirty incu:riug-such expensesi Such expenses include, but are notlimited to, tbe expense of cdlltg apartSr's-rvitnesses,
iUe bsts incu:red in gathering data andlompiling reports, and any expenses incurred by the parly's arbitrator. The parties
may mutually agree to divide the costs in anotber mauer.
A Measure Amending The City Charter To Require That Labor Disputes
. Between The City Of San Luis Obispo And The Police Officers' Association
And Firefighters' Association Be Resolved By Binding Arbitration.
(7) The proceedings described herein shall supercede the dispute resolution process for the San Luis Obispo Police
Officers Association and the San Luis Obispo Firefighters Association which is set forth in Sections 13.2 and l4.l of Citi'
of San Luis Obispo Resolution No. 6620, to the extent that such language is in conflict with this amendment. Furthermore.
the proceedings described herein shall supercede any language within the Employer-Employee Resolution, the Personne!
Rules and Regulations, any Memorandum of Agreement with the employee associations or any wrinen policy or
procedure relating to wages, hours or other terms and conditions of City employment, to the extent that such language is
in conflict with this amendment. However, nothing in this section shall preclude the parties from mutually agreeing to use
dispute resolution processes other than the binding arbitration process herein set forth. Nor, does it pqeclud-e the^parties-
fro-m negotiating, and submitting to the arbitration process set forth herein, a grievance process, which includes a form of
binding arbitration that differs from the one, set forth herein.
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the persons whose names appear hereon of their intention to circulate,! petition within the
City of San Luis O6iJpo for the purpose of amending the Charter of the City by adding a section ent$ed "Impartial and
Biriding Arbitration For San Luis-Obispo Police Officers Association and San Luis -Obispo Firefighters Association
Emptofee Disputes for the purpose of irohibiting strikes by police officers and firjfight_e1s aqd proriding 3 peaceful
metirod of resolving labor diipuies Thii amendmEnt would lupercede languagg in City of l?n Lris Obispo Resolution
no.6620 sections l3-2& ia.l,andanyadditionallanguagetotheextentthatitisinconflictwiththisamendment.
A statement of the reasons for the amendment contemplated in the Petition is as follows:
It is the intent of this Article to encourage and preserve stable employment relations between th9 City o{ S?n .Iauis. Obispo
and its police and fire department employees by establishing a frlmework for good faith negotiations, including impasse
resoluti^on procedures ani impartial irbitratiori, of wage and benefit disputes, so that such disputes may be resolved
peacefully and equitably.^ This ballot measrrr6 amends the Charter of the City to establish binding arbitration for Fire pepartment employees
represented by San Luis Obispo City Firefighters Asiociation, IAFF Loc;l 3523, and.Police.Depa^rtrnent employees.
represented by tire San Luis Obispo Police-Officers Association. Bindin_g arbitration is provided for any unresolved
diipute relating to wages, hours, oi terms and conditions of employment. In cases of impaise, a Proc.es.s set forth in thc
m.asore create-s a Boaid of Arbi-trators. The Board would first aitempt to obtain mutual agreement and, in the absence ol'
such an agreement, would thereafter require that each party submit i last offer of settlement on each issue_remaining in
dispute. Tie Board majority vote selec'ts whatever "last offer" it finds to most nearll co{gqn.tq.the relevant factors
usrially taken into consideraiion in public and private employment. The decision of the Board is binding on those specific
issues- The fees and costs of arbitration would be borne by the parties equally.
The measure prohibia strikcs by firefighters and polic6 officers and requires- the City and the Associations to
negotiate in good flith regarding wages, hours, and other terms and conditions of employment.
Rick Crocker
/Tn he r:nrnnleterl after the below signahrres have been obtained)
INSTRUCTIONS TO CIRCTTLATOR
1. Use black or blue ballpoint pen only!
2. OnIy City of San Luis Obispo regisiered voters may sign this petition.
3. Circulator must sign and date in space at bottom for the signatures to be
valid.
4. Make sure signers complete all information requested and sign as
registered.
5. No ditto marks, no abbreviations, no P O Boxes.
, *,.. "
styofsan luls oBtspo
990 Palm Street, San Luis Obispo, CA 93401-3249
CERTIFICATION
I, Lee Priceo City Cterk, do hereby certify that the foregoing is a true and correct copy of
the text of a proposed measure to amend the City Charter to require binding arbitration filed by
the proponents in my office on May 26,2000.
WITNESS IVTY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATE: May 30,2000
Lee .M.C
City Clerk
lrf,l ,n" City of San.Luis Obispo is committed to include the disabted in all of its services, programs and activities.tL,rvl Telecommunications Device for the Deaf (805) 781-7410.
p'rrrroN FoR suBMrssroN ro vorERS oF pRopos'D AMENDM"*, ',ll^tlu*To rHE cHARTER oF TrrE ctrY oF sAN ttlrs oBrsPo s{o cyrr'^.r,
To the City Council of the City of San Luis Obispo *(8r?ff
We, the undersigned, registered and qualified voters of the state of Californi4 residents ofthe city of San Luis Obispo, pursuant
to Section 3 of Articte )O of the California Constitution and Chapter 2 (commencing with section 34450) or part I of Division
2 ofTitle 4 ofthe Governnient Code, presentto the city council ofthe City of San Luis Obispo this petition andrequestthatthe
following proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for their
adoption or rejection at an election on a date to be determined by the city council.
The proposed charter amendment reads as follows:
A Measure Amending The City Charter To Require That Labor Disputes
Between The City Of San tui$ Obispo And The Police Officers' Association
And Firefighters' Association Be Resolved By Binding Arbitration.
Section 1107 Impartial and Binding Arbitration For Sa4 Luis Obispo Police Officers Association and San
Luis Obispo Firefighters Association,IAFF Local 3523, Employee Disputes.
(a) Dectaration of Policy. It is hereby declared to be the policy of the City-of San Lyrs -Opisp.o- $rat s-trikes-b;r frefighters and
i,itice officers are not iri the public interest and should b6 prolriUite{ and that a method should be adopted for peacefully and
equitably resolving disputes that might otherwise lead to such strikes
(b) Prohibition Against Strikes. No City of San Luis Obispo firefighter or p-o!!ge officers shall willfully engape i"..u t$\g
ig;aio.t the City. Ilry such ernployee against whom the Citybrings cliarges of failing to report for work as p{.of u strike shall
G subject to eismisiat from his or her employment in the event the charges are- sustained upon conclusion of the proceedings
that arb required by law for the imposition of disciplinary action upon said employee.
(c) Obligation to Negotiate in Good Faith. The City, through its {uty_ authglryed ryprejre.ntativ.es, slalf negotiate in g99g^Sth
wittr thisan Luis Obispo Police OIlicers Associati6n and/or the San Luis Obispo Firefighters Association, IAFF tocal3 523, as
the exclusive represeniatives of representation units comprised solely of employees-of the police departrient andlor the fire
deparfinenl as such units are curreirtly constituted or as they may be amended through negqfation or mbitration as provided in
Aii sectiolU on all matters relating to tlre. wageg hours, ani otlrer terms and conditions of City ernployment. Unle.ss and until
agreement is reached through ne$tiations b6trveen authorize{ representatives of the Cit.y a1d said employee opryrz4tiong1
oigat iratiotts_or a determinitionis made through the impartial arbitration procedure hereinafter provide4.nq existing benefit,
tein or condifron ofemployment for employees-representedbythe-San Luig ObispoPoliceOfficersAssociationand/orthe San
Luis Obispo Firefighters Association" IAFF Local-3523, shall be altere4 eliminated or changed.
(d) Impasse Resolution Procedures.
(1) All disputes, controversies and grievances pertaining to wages, hours-or terms and conditigns 9f pitf eqrnlgVqent which
i"i"ain u#"solved after good faith negotiationi between the Cifu and said employee organization shall be zubmitted to a thre
member Board of Arbilrators uponlhe declaration of an impasse by the City qr by said emptoyeq organization.-Upon
declaration of impasse by either party, the City and ernployee oiganization shall each exchange awritten last offer of settlement
on each of the issires re$aining iir disp'ute. Wiiuen las-offer of srxtlement Slall be exclranged between parties within two days
of the declmation of impasse.
(2) Representatives designated by the City and representatives of the employee organization shall each select and appoint one
i6itratot to the Board oT arbitritors witfiin tnre6 1f ; business days after either party has notified the other, in wriling, _of thg
declaration of impasse and the desire to proceed to-arbitr*ion. fn-e nird member offie Board of Arbitrators shall be selected
by agreanent btitrveen the City's and^the ernployee's organization representative within ten (10)_business-days of the
Oirctiation of impasse. fnis tlrird mernber *ralt-serve as the-neutral arbitrator and Chairperson of the Board. In the event that
the City and the employee organization cannot agreo upon the selection ofthe neutral arbitrator within ten (10) business {ays
from tfte date that e^ither prty has notified the o-ther that it has declared animpasse, either party may qgn rgguesj ttte St919
Mediation and Conciliation S-ervice of the State of California Deparbnent of Indusrial Relations to provide a list of seven (7)
persons who are qualified and experiencsd as labor arbinatori. If the arbinators selecte{. by ttre CitV -uf4 the. employee
brganization cannol agree witrin ftiee (3) days afterreceipt of such liston one ofthe seven (7) tjr actqstreihir.darbifmor, trey
shill have five (5) buJiness days to altdatefy strike nam-es, with the City's arbihator-st ikiog first^{oqthe list ofnominees
until one narne ieinains and ttrfu person shall-then become the neutral arbitrator and Chairperson of the Board of Arbitrators.
(3) AnV arbination proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and
governed by Title 9 bf Part 3 of the Califomia Code of Civil Procedure. The Board of Arbitrators shall hold public hearings,
receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Board of Arbitrators may adopt
by unanimous conssnt such other procedures that are designed to encourage an agreement between the parties, expedite the
arbitration hearing process, or reduce tte costs of tre arbitruion process.
(4) In the event no agree{nent is reactred prior to the conclusion of the arbiradon hearings, the Board of Arbitators slnll dited
each of the parties to submit, within such time limit as the Board of Arbitrators may establish, but not to exceed thirty (30)
business days, a last offer of settlement on each of the remaining issues in dispute. The Board of Arbitrators shall decide each
issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly confomrs to those factors
traditionally taken into consideration in the detsrmination of wageq hours, benefits and terms and conditions of public and
private employmen! including, but not limited to the following: changes in the average consumer price index for goods and
services using the San Francisco-Oakland-San Jose indog as reported at the time impasse is declared for the preceding twelve
(12) months, the wageg horus, benefitsand terrnsand conditionsoferaplolmrent of ernpl,oyeesperforming simil:r servicesin
c,omparable cities; and the financial condition of the City of San Luis Obispo and its ability to meet the costs of the decision of
the Board of Arbihators.
(5) After reaching a decision, the Board of Arbirators shall mail or otherwise deliver a true copy of its decision to the parties.
The decision of the Board of Arbitrators shall not be publicly disclosed and shall not be binding until ten (10) days after it is
delivered to the parties. During that ten ( 10) day period the parties shall meet privately, attempt to resolve their diffsrences, and
by mutual agreement amend or modify the decision of the Board of Arbitrators. At the conclusion of the ten (10) daypgnod,
vrhich may be extended by mutual agreement between the par-ties, the decision of Board ofAbitrdorg as it may be modified or
amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organrization
shall take whatever action is nec.assary to carry out and effectuafe the arbiration award. No othe.r actionsby the City Corucil or
by the electorate to conform or approve the decision of the Board of Arbitrators shall be permitted or required.
(6) The expenses of any arbitration proceeding convened pursuant to this Articlq including the fee for the services of the
chairperson of the Board of Arbitators and the costs ofpreparation ofthe franscript of the proceedings shall be borne equally
by tre parties. The expenses of the arbitration, which the parties may incur individually, are to be borne by the par{y incurring
such expanses. Such expenses include, but are not limited to, the expense of calling aparty's witnesses, the costs incurred in
gathering data ard compiling reportg and any e"xpenses incurred by the party's arbitrafor. The parties may mutually agree to
divide the costs in another manner.
(7) The proceedings described herein shall supercede the dispute resolution process for the San Luis Obispo Police Officers
Association and the San Luis Obispo Firefighters Association which is set forth in Sections l3.2 and, La. I of City of San Luis
Obispo Resolution l.I o. 6620, to the extent that such language is in conflict with this amendme,nt. Furtrrermorq fie proceedings
dessribed herein shall supercede any language within the Employer-Employee Resolution, the Personnel Rules and Regulations,
anyMerrorandunr ofAgreernentwith theemployeeassociationsorany written policyorprocedurerelating towagm, hoursor
other terms and conditions of City employment, to the extent that such language is in conflict with this amendment. However,
nothing in this section shall preclude the parties from mutually agreeing to use dispute resolution processes other than the
binding arbitration process herein set forth. Nor, does it preclude the parties from negotiating, and submitting to the a$fuaion
process set forth hereirU a grievance process, which includes a form of binding arbitration that differs from the one, set forttt
herein.
RECEIVED
MAY 2 n 2000
SLO CITY CLERK
PETITIONFORSUBMIS$fi
[T?Jf Tffi 3$3I$I$iJ3f#JJ"-"-',:!I:;:
To the City Council of the City of San Luis Obisp *f8f6'
We, the undersigned, registered and qualified voters ofthe state of Califomia, residents offlre city of pursuant
to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with section 344 I ofDivision
2 ofTifle 4 ofthe Govemment Code, present to the city council of the City of San Luis Obispo this requestthatthe
following proposed amendment to the charter of the city be submitted to the registered and qualified voters ofthe city for their
adoption or rejection at an election on a date to be determined by the city council.
The proposed charter amendment reads as follows:
A Measure Amending The city charter To Require That Labor Disputes
Between The City Of Sau L'tris Obi$po And The Police Officers' Association
And Firefighters'Association Be Resolved By Binding Arbitration.
Section 1107 Impartial and Binding Arbitration For San Luis Obisno Police Officers Association and SanLuis obispo Firefighters Association, rAFF rncal3523, Employee Disputes.
(a)-Declar_ation of Policy.-It is he-reby declared-to b"_49 policy ofthe Cityof San Luis Obispo that strikes by firefighters and
police-officers-ar.e nq! in the public lnleresJ and.should be prohibitd andthat a method shoild be adopted fbrpeac6fuly and
equitably resolving disputes that might otherwise lead to such srikes.
O) .nohi-bi{gn Against Strikes- No City of San Luis Obispo fuefighter or police officers shall willfirlly engage in a strike
g8airy{ the Cry aoy such ernployee againsJ whom the City brings charges of failing to report for work as part of a strike shall
be subject to.diry -*tS from his or her employment in the- event the charges are sustained upon conclusion of the proceedings
that are required by law for the imposition of disciplinary action upon said employee.
(c) Obligation to Negotiate in Good Faith. The 9tU, throryh its duly authorized representatives, shall negotiate in good faith
with the San Luis Obispo.Police- Officers Association and/or the Sanluis Obispo Firefighte, s Association -141tp t o"it 3 523, x
the exclusive representatives of repr_esentation units comprised solely of empioyees of fie police deparinent and/or the fire
departrnen! as such units arecurrently-constituted or as they may be amendedthrough negotiation or irbitration as provided in
this section, on all mauers relating t9 the. wages, hourq and oth* temrs and conditions of City emplo5rrnent. Unleis and until
agreeTeqt is reached ttuoysh negotiati_ons between aythorized representatives ofthe City and said erirployee organization or
organizations-or a detsrmination is made through the impartial arb-itration procedure hereinafter providid, -no exiiting benefit,
term or condition of employment for employees;epresented by the-San Lriis Obispo Police Offiiers Association and/6r the San
Luis Obispo Firefighters Association,IAFF Local3523, shalfbe altere4 eliminated or changed.
(d) Impasse Resolution Procedures.
(1) 4l disputes, controversies-and grievances pertaining to wages, hours or terms and conditions of City employment which
remain unresolved aftergood faith negotiationi between ttre City and said employee organization shail bb zub?nitied to a three-
member Board of Arbinato-rs upon Qe {eglaraqon of an impasse by the City or 6y said employee organization. Upon
declaration-of impasse by eilher pa4y, the City and employee organization shall 6ach eichange a*rittln hst6ffer ofsettlernent
on each of the issues renaining in dispute-. Written lasi offer of settlernent $rall be exclranged between parties wittrin fi,vo days
of the declaration of impasse.
(2) Representatives designatg{ by the City.*{ reggggntatives ofthe employee organization shall each select and appoint one
arbitrator to the Board of Arbitrators within thrge (3) blsiness days after eiiher party has notified the other, in wrifrirg, of the
declaration of impasse and the desire to proceed to'aititration. th-e third member ofthe Board ofArbitratois shall belelected
b-y agreetnent.betweenihg 9ityls and the ernployee's organization rqresentative within ten (10) business days of the
{ectqation of impasse. This third me.rnber s}rall serveas the neufial arbitrator and Chairperson of *n boare. In the lvent that
the City a$ thg employee organizationgalnot ag{ee upon the selection ofthe neutral arbitrator within ten (10) business days
from the date that either party hgs noliled_the other that it has declared an impasse, either party may theri request the Sate
Mediation and Conciliation Service ofthe State of California Deparbnent of Industrial Relationito piovide a [k of seven (7)
persor.rs lvho are qualified gq{ elperienced as labor arbitators. If the arbitrators selected by ttr6 City and the employe6
organizatiol caqoJ agree within three (3) days after receip of such list on one of the seven (7) t6 act as tr6 third artitator, tfiey
shall have five (5) business dgys to alternately strike names, with the City's arbitrator sriking firs! from the list ofnomineei
until one name rernains and that person shall thes become- the neutral arbirator and Chairper-son of the Board of Arbitrators.
(3) AnV mbitation proceeding convened pwsuant 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. The Board of Arbitrators shall hold public hearings,
receive evidence from the parties and cause a transcript ofthe proceedings to be prepared. The Board of Arbitraton may adop
by unanimous consent such other procedures that are designed to encourage an agreement between the parties, expedite the
arbitration hearing proc€ss, or reduce the costs of the arbitration process.
{4) In the event no agreement is reaclred prio{ to the conclusi on ofthe arbir*ion hearings, the Board of "A.rbitrators $dl direct
each of the parties to submit, within such time limit as the Board of Arbitators may establish, but not to exceed thkty (30)
business dayg a last offer of settlement on each of the remaining issues in dispute. The Board of fubitrators shall decide each
issue by majority vote by selecting whichever last offer of settlement on that issue it finds mo* nearly confomrs to those factors
haditionally taksn into consideration in the determination of wages, hours, be'nefits and terms and conditions of public and
private employmeng including, but not limited to the following: changes in ihe average consumer price index for goods and
services using the San Francisco-Oakland-San Jose inderq as reported at the time impasse is declared for the preceding twelve
( I ?) months, the wqes, hourq benefits aod terms and conditions of employnrent of ernpl,oyees pernonning similar services in
compmable cities; and the financial condition ofthe City of San Luis Obispo and its ability to meet the costs ofthe decision of
the Board of Arbitrators.
(5) After reaching a decision, the Board of Arbitrators shall mail or otherwise deliver a true copy of its decision to the parties.
The decision ofthe Board of Arbitrators shall not be publicly disclosed and shall not be binding until ten (10) days after it is
delivered to the parties. During that ten ( I 0) day period the parties shall meet privately, attempt to resolve their differenceq and
by mutual agreement amend or modify the decision of the Board of Arbitrators. At the conclusion of the ten (10) day period
which may be extended by mutual agreement between fie parties, tfte decision of Board ofArbitrdors, as it may be modified or
amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the errployee organization
*rall take whafeve.r action is nec,a+sary to carry out and effectuate the arbitalion award. No oths actions by tlro City Corurcil or
by the electorate to conform or approve the decision of the Board of Arbitrators shall be permitted or required.
(6) The expenses of any arbitration proceeding convened pursuant to this Article, ineluding the fee for the services of the
chairperson ofthe Bomd of Arbitrators and the costs ofprepmation ofthe transcript ofthe proceedings shall be borne equally
by the parties. The expenses of frre arbitration, which the parties may incur individually, are to be borne by the party incurring
such expenses. Such expenses includg but are not limited to, the expense of calling aparty's witnesses, the costs incurred in
gafirering dda and cornpiling rellorts, and any expenses incurred by the party's sbifrafor. The parties may mutually agree to
divide the costs in another manner.
(7) The proceedings described herein shall supercede the dispute resolution process forthe San Luis Obispo Police Officers
Association and the San Luis Obispo Firefighters Association which is set forth in Sections l3.7 and,la.1 of City of San Luis
Obispo Resolution No. 6620, to tfte ext€,nt that such language is in conflict witr ftis amendmerrt. Furtrrumorg the proceedings
described herein shall supercede any language within the Employer-Employee Resolutioru the Persormel Rules md Regulations,
any Mernorandum of ,Agreement with the enrployee associations or any written policy or procedure relating to wagal hows or
other terms and conditions of City employment, to the extent that such language is in conflict with this amendment. However,
nothing in this section shall preclude the parties from mutually agreeing to use dispute resolution processes other than the
binding arbitration process herein set forth. Nor, does it preclude the parties from negotiating, and submitting to the arbifrcion
process set forth hereirU a grievance process, which includes a form of binding arbitration that differs from the one, set forth
herein.
REOEIVED
HAY 2 f, 2000
SLO CITY CLERK
A CHARTER AMENDMENT TO BE SUBMITTED DIRECTLY TO THE VOTERS
The City Attorney has prepared the following title and summary of the chief purpose and
points of the proposed measure:
A MEASURE AMENDING THE CITY CHARTER TO REQUIRE THAT
LABOR DISPUTES BETWEEN THE CITY OF SAI\ LUIS OBISPO AND
THE POLICE OFFICERS' ASSOCIATION AND FIREFIGHTERS'
ASSOCIATION BE RESOLVED BY BINDING ARBITRATION.
This measure would amend the Charter of the City of San Luis Obispo relating to the
regulation of labor disputes between the City and the San Luis Obispo Police Officers
Association and the San Luis Obispo Firefighters Association.
This measure would add provisions to the Charter, similar to existing state law, prohibiting
police officers and firefighters from engaging in strikes and requiring the city to negotiate
in good faith on matters relating to wageso hours and other terms and conditions of
employment.
This measure would prohibit the City from altering, eliminating or changing any existing
benefit, term or condition of employment unless such change was either the result of a
negotiated agreement between the City and the Police Officersn Association and/or the
Firefighters' Association, or ordered as a result of the binding arbitration process
discussed below.
This measure would require that all unresolved disputes pertaining to wages, hours or
terms and conditions of employment for police officers and firefighters shall be submitted
to binding arbitration before a three-member Board of Arbitration. The City and the
employee organization would each select one of the arbitrators. The third arbitrator
would be selected in accordance with the procedure set forth in the measure. The
arbitration would be conducted in accordance with certain provisions of the Code of Civil
Procedure.
This measure would require that each of the parties submit a last offer of settlement on
each of the disputed issues to the Board. The Board would hold public hearings and
receive evidence from the parties. By majority vote, the Board would select whichever of
the last offers the Board found most nearly conformed to those factors traditionally taken
into consideration in the determination of wages, hourso and other terms and conditions of
public and private employment (including but not limited to changes in the consumer price
index for San Francisco-Oakland-San Jose, the wageso hours, benefits and terms and
conditions of employment of employees performing similar services in comparable citiest
and the linancial condition of the City and its ability to meet the cost of the award). The
parties would have ten days after the award of the Board to privately meet and attempt to
agree upon any modifications to the award. At the end of the ten day period, the award,
including any modifications agreed upon, would be publicly disclosed and become binding
on the parties, and no action by the City Council or the voters to conform or approve the
Arbitrators decision shall be permitted or required.
Expenses of the arbitration would be borne equally by the parties. Expenses incurred
individually by each par$, as specified in the measure, would be borne solely by the party
incurring such expenses.
The binding arbitration process discussed above would supercede any existing dispute
resolution process, Employer-Employee Resolutiono Personnel Rules and Regulations, and
Memorandum of Agreement or any written policy or procedure relating to wages, hours or
other terms and conditions of employment to the extent it is in conflict with this measure.
l
Newspapu of the Central Coast
3825 South Higuera. Post Office Box 112 . San Luis Obispo, California 934M.0172. .5v;, 7oi-7800
RECEIVED
HAR - 6 2000
sto Grw cl-ERK
NONCE INTENT TO CIRCULATE PETlTloi\r
TFTE
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PI.IBLICATION
AD # 5258873
Greg Otto
I am a citaen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
and not interested in the above entifled matter; I am
now, and at all times embraced in the publication
herein mentioned was, the principal clerk of the
printers and publishers of TIIE TRIBUNE, a
newspaper of general circulation, printed and
published daily Sundays excepted at the City of San
Luis Obispo in the above named county and state;
that notice at which the annexed clippings is a true
printed copy, was published in the above-named
newspaper and not in any supplement thereof - on
the following dates, to-wit;March 5,2000
that said newspaper was duly and regularly
ascertained and established a newspaper of general
circulation by Decree entered in the Superior Court of
San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government
Code of the State of California.
I certify (or declare) under the penalty of perjury that
the foregoing is true and correct.
Clerk)
Date: March 5, 2000
AD COST $852.48
Notice is hereby given by the persons whos_e names appear hereon of their iniention to circulate a
l6-titi'rn wii#n ti,e-citv of San'Luis obispo for the purp<ise of amending the Charter ol the citv bv
filiil;';'#ti,il"""-r,iibi'"iilbiiiiaifif6ihdi;6$i,i{raiioii-ioi San Luis ooispo polic6
biiilErs"A$;c-iiiioi iiiilSiii't-rils 6ijidpo-Firetistrters Association Emplbyee Dis-
iutildior ine oumose of prohibiting sriies ly po'lice oflicerE and firefighters and provqding a peacelul
ilEti-"f iiiiii"i,isIio"iii;il6: nris am6ioment woutd.superced-e r"lgyggg-l civ-gf ,san Luis
O6i'p-o nes6f uiion'no. OOzo sbJiions rS.e & 14.1, and any additibnd language to lhe extent that it is in
conflict with this amendment.
'A statement ol the reasons lor the amendment contemplated in the Petition is as follows: '
It is the intent of this Article to encourage and preserve stable. employment.relations between the. City
oi srn f-ut Obisoo and its potiCJ anO"tire de'gartment employebs by establishing a framework for
;;iii;iih;#iidil""i,l"itr!i"s ffiJsse resoiution procedrired and irirpartial.arbitration of wage and
Senefit disputEs, so that such disputes may be resolved peacetully and equllaDly.
parties equally.
The measure orohibits strikes by firefighters and police officers and requires the Cily and the Associa-
iffi"'ff;.,-dti;6-i;-d;d -rii1i-re-giraing whges, hours, and oiher terms and conditions of
employment.
S[nature
Sbnature
(
A CHARTER AMENDMENT TO BE SUBMITTED-.
DIRECTLY TO THE VOTERS
The city Attorney has prepared the following title and summary ol the chief purpose and points of the
proposed measure:
A MEASURE AMENDING THE CITY CHARTER Tq RE-QUIRE THAT LABOR DISPUTES qETWEEN
?i'i-biiV'oFbAn-ltir5oeisp-o atlo ttEFoltce oFFIcERS'AssoclArloN AND FIREFIGHT-
iiis'AssocnloN BE RESoLVED BY BINDING ARBlrnRTloN.
This measure would amend the charter of the city ot san.Luis-obispo.relating. to the, regulation of
rllilir'j[ii,ii,i b'etw;d rheb,t1, and the san Luis obispo Police oflicers Association and the san Luis
Obispo Fire{ighters Association.
This measure would add provisions to the charter, similarto.existing.stqle l+v:-P,r-o!!itt19 notice
ifi"il *O'tir"iighters lroin engaging in strihes and requiring the city to negotiate in good faith on
matters relating to- wages, hours and other terms and conditions ol employmenl'
This measure would prohibit the City.fr6m altering, eliminating.or ch,anging any-existing,be11ef1, term
oi ii,iiiltion or emptciyment unless-such change- was either the .result.9l 3^1999llqpg agreement
Lil;;'i-h; citv aho ine potice Otticers' Assocjation and/or the Firelighters' Association, or ordered
is i result of thd binding arbitration process discussed below'
Procedure.
The
ExDenses of the arbitration would be bome equally by the parties. Expenses incurred individually by
""'5n
p"rty,
"d "peciti"U
in the measures, would be-boine solely by the party incurring such expenses'
the
arbitration
or any written or
discussed
it is in with this measu'* -
C
TFIE
RECEIVHD
tlAR I 0 2000
SLC e r..i".' {:L"fiRK
Newspapu of the Cenwal Coast
3825 South Higuera . Post Office Box 112 . San Luis Obispo, California 93406-01 12 r(SJ) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 5261885
San Luis Obispo City Police and Firefighters
I am a citszen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
and not interested in the above entitled matter; I am
nowo and at all times ernbraced in the publication
herein mentioned was, the principal clerk of the
printers and publishers of TIIE TRIBUNE, a
newspaper of general circulation, printed and
published daily Sundays excepted at the City of San
Luis Obispo in the above named county and state;
that notice at which the annexed clippings is a true
printed copy, was published in the above-named
newspaper and not in any supplement thereof - on
the following dates, to-wit; March 10,2000
that said newspaper was duly and regularly
ascertained and established a newspaper of general
circulation by Decree entered in the Superior Court of
San Luis Obispo County, State of California, on
June 9, 1952, Case #19i39 under the Government
Code of the State of California.
I certify (or declare) under the penalty of perjury that
A staterient ot the reasons fo_r the amendment contemprated in the petition is as foirows:ll is the intent of this Arlicle to encourage ano preserv5stlire emprbv-iiiL-,ii iit:tiii!"ili*een 6,e citvof San Luis obisoo and it" g."_i1cL!1q_iire d1i;;ffi;iT;ptoyees.by estabtishins a tramework for
t-sifdiitif;g::'3:",Hi3"1i"'#.ilru.n:,;Hiyi:ili;rjjldr.edano i#pilaT;'biilad;nli*as"
"no
"*"*rt"t kf:g#Jii! *'"'.da"iiir,n: c-nii;""fi;i3r#-rov,?[ds""q,H]f,:lv,"n rorrire Deparrmenro"p"'i,""i-i;ipiJvi!!,%nHi:fil",ifiy['til3%T.ff's3itFt,,*li,T3iiir,gi:Ttng#:
arbitration is prdvid-ed tor anv^unresorveii ;1.d6'r,;;fi't;id wages, hours, or rerms and conditions o-femployment' ln cases of imbasse, a.procqsd set tortn liitiie measure creates a Board of Arbitrators.rhe Board wourd rirsr atrem,it to oitii-n ;1,ffi-#"i#ii'l].,0, i" ine "i;jJ;|{&-.i,?ii,i-"sr".r"nr,would thereafter reouire lhai each party submit i radi 6iiLior setfleine;i;:;;h lilE"rJmdning indispute' The Boarci maioritv vole ierecti wrri'teidilhli'"cjtr.r it finds to most nearry coniorm to theretevanr racrors usuartu Gkd.in6-co;J;;-";iffi;;;rdfr;Lii private emptoyment. Th.e decision o, the
B:ft,'*':rtj:f;:t
on those specliic iil-uei.-Ti;'iJ.ilffi';sts or arbiiration wourd be bome by the
I he measure prohibits strikes byJirefighters and police officers and requires the city and the Associa-
Xl{i:"l"rJ}i*t"te in sood taitn iii-gaidlnd';;;#: ffit, and other terms dnd conditions or
/YRick Crocker
/s/Mike Hogan_ i cnenreR AMENDMENTTo BE suBMtrrEDDlREcrLyrorHE vorERs
,l$":y. friTffI"tras
preparec tnJi"tt"i"i"g titE;ii'il;"'y or the chier purpose and poinrs or the
i'Y'df yB?uF[?i$'#'"JT,B'1fi fl FBI3FB?P,'B-F''$1'.$L?f,PJR'^'J".?,??H.,fIExs'AssocrArroNeenesor_Veci-e1BiN-Drildiheiih,;
. rnrs measure woutd amend the Charter ot ttre CiV oidirilabor disputes between the Ci
qbispo Firerishte," o""o",",.y.1#iru"iJn ffiJoTi$JFi',.t5'3no'31'ffo::'3:"3fi#:H [f,3gtl"i,'"J
#f".3:X'.'ii,"ifffiS'S?*#'"ffffinti"tX?rrtj5iili ;J1.jfi,l " existins stare raw, prohibitins_pgrice
rypSprati"riid\,_6;;,il",""d4 "ii,"i iill"!-"i'.iiffiiiillg j?ff;%to nesotiate'in sood Taith ;n
itf "d.;liHt'3fr{'$;1ip:;1';ig$fl',f;1ffi ittffir**,fg*1"a',',sdiJas a resutt ot rhe binding arbiharion proiess oiscijlffi ilffil
iLirilfiq:#':ffi:i1"'"""1%?;:il{bd!i.E"'xiifdrul,i:f""H',t'is:t,y,'ifl::,,:i1f.,ru':ffi?"fttibelorg a three-member eoard ot-Arbitratil". ffi"d#';;jsere"t one 6iir''6'"'diti"to"'.!lin" tni'o ldli,.li'tol',io;liuE'$rT.%ET,i'3133."iffi!'ffiffll*lll".t*set forth in the measure. rne.aroitration w6ul; d;il;;"d*ce witn-trre proc-i,iili
"lliijnn in m"p;?:['r"'."1n" "'bitrarion
wourd oe conoucteo in ic-co'd;;fiih;di;il;;ilffiffiii*=bf"oe or civir
This me.asure would reouire th4 e*h of. the parties submit a last offer oJ setflement on each of thedisputed issues to the Bbard. -fh"Eoaii w6fri'ij;id il;iil hearings and receive evidence from theparties' By majoritv vote' the Board would-i"r,i.i'.;ii5ri""r,llr of the tast otfers the Board tound mosr
il:iiy::,11":ll""l B,llgT"F:,fffi,llSSlt*lltlltlj,iio-clisioerationt"lG d"i;;tiliil;;"s;;,
;lgiq;s,51*jiitii*!b:i{*'flllfr #|'1frf i,$iliftt{itri}iliq',,Hix!
**H[+*Hffi fiu$tftfi ffi ffi iltritr""-AT 8fr.'3,;31'ffiijt',3fl'1,*"J*sures, wourd oe 6oire;o-re-it 6i the i"'ty i"!fiiru!",Jt1"i1,"n."".
?,:-.s-',-+,ip,"i;m;wi:!"ifr,Fi1li,Ly"rut',1"y*irfl irii"{"?::#i;"B**lil,HT
t:ii"ff":'ll'3lrt1'S15f'3'f,T',J,fi:3T,ifi3"$i;'ln''3*g::*ii*' nou"rs oi6m-6'jdins';il';;ndiiioqd
.lt"l"Igg by Jeffrey c. .rorsensen, citv m"iiilv" "'**'-
526.1885:,,
Mar. 10, 2000
the is true and correct.
(of Principal Cler$
Date: March 10,2000
AD COST $219
Petition
to a
on March 5, 2000 by the
omitted the names of
have been on file
Code.
San
the
wirh9206
and
ol
\)1)
RECEIVED
JUil - 2 2000
sLOClw cl-ERK
TFTE Newspaper of the Central Coast
3825 South Higuera . Post Office Box 112 . San Luis Obispo, California 93406-0112 . (805) 781-7800
In The Superior Court of The State of California
In and for the County of S ^, .. . NoncE oF rNrENrro crRcuLArE pEnnol
&!iii Iitii:i,{"%jii""i.$i fiqffi,.s"?"itfrgi,i'jB:1ffi"3ffj,,F5 Sl"jILT#,f;5.S"il",?
AFFTDAVTT oF puBl-rc x31[g,ftsT:,?l1"$lll"f,;:Tj,trj H,i,',Jf,gl"'fJ3gflil]tit5,il#';,Siff e?'fi: sx,,;;J:
fl,"3i"{,ll,ii,?9.:.i,i:i,i{,.ii;:.:'H",tft:liJff"'t'JEt#$fl%',$T, C}fffiig$.;;j:"s":ii,5,ff""[q
AD # 5304259 :ffitd;',:,ii:t 132 & 14.1, and any aooitionjt tangu-ase-to tne 'e,xteniinii'ii is-in'conriici wirh thG
5304259