HomeMy WebLinkAbout03/01/2011, - CITY COUNCIL PROPOSED BALLOT MEASURE FOR CITY CHARTER ARBITRATION 02/23/2011 13:27 8188741X42 ADAMS FERRONE . - PAGE 01/02
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REPLY TO WETnA1a:VTLLAGL-
February 23, 2011
Sent Via Fax: (805) 781-7109 and U.S. Mail
J. Christine Dietriek
City Attorney
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
Re: City Coup cil Pr000sed Ballot Measure for City Charter Arbitration
Dear Ms. Dietrick:
It has been brought to my attention that the City Council has voted to place a ballot measure in the next
election seeking to (1)eliminate City Charter Section 1107 Impartial and Binding Arbitration For San Luis Obispo
Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes;
and (2) placing on the ballot a measure to remove a city charter section that requires voter approval to reduce
retirement benefits.
Please be advised that the City cannot make changes to the City Charter visa City proposed amendments to
Charter provisions which effect terms and conditions of employment without meeting and conferring with Local
3523 and other effected bargaining unit representatives first. People ex rel. Seal Beach Police Officers Assn. v.
City of Seal Beach (1984)36 Ca1.3d 591.
The impasse procedure set forth in Section 1107 is designed to resolve disputes over wages, hours and terms
and conditions and is therefore a charter provision which affects the terms and conditions of employment and is
subject to this meet and confer requirement. The city charter section that requires voter approval to reduce
retirement benefits likewise clearly deals with a benefit and is therefore within the termas and conditions of
employment.
There has not been a meet and confer with the local, nor has there been a request to do so on these issues.
Additionally, since the local is currently under a binding M.O.U. with the City, the City cannot meet and confer
on the issue until the expiration of said agreement.
02/23/2011 13:27 8188741^^2 ADAMS FERRONE , PAGE 02/02
Local 3523/Dietriek Ballot Measure Ltr.
2-23-2011
Pg. 2
Any further efforts to proceed with the ballot measure will be met with the appropriate legal action in which
Local 3523 will seek any and all remedies to stop this action along with costs and fees incurred which arise from
any such action.
Please let me know at your earliest convenience the City's position on this matter. If you have any questions,
do not hesitate to contact me.
Very trul ,
Stuart dams sq.
Erik Baskin, Presid t Local 3523