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HomeMy WebLinkAboutR-10265 Charter Repeal Measure RE Binding ArbitrationRESOLUTION NO . 10265 (2011 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING TH E SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSE D CHARTER REPEAL MEASURE AT AN ALL MAILED BALLOT SPECIA L MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 201 1 AS CALLED BY RESOLUTION NO . 10263 (2011 SERIES ) WHEREAS,an All Mailed Ballot Special Municipal Election for the purpose of placin g two City measures before the voters has been called on Tuesday, August 30, 2011 by Resolutio n No . 10263 (2011 series), adopted on May 17, 2011 ; and WHEREAS,the City Council has the authority to submit a Charter repeal measure to th e electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapte r 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of th e Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinanc e Number 1559 (2011 Series); an d WHEREAS,the City Council finds and declares that it is in the best interest of the City , consistent with principles of sound management and fiscal responsibility, and to the fullest exten t permitted by State law, to vest in the duly elected City Council final decision making authority over and management of the City's employee agreements governing wages, hours or terms an d conditions of City employment ; an d WHEREAS,City Charter Section 1107 ("Impartial and Binding Arbitration for San Lui s Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Loca l 3523, Employee Disputes") currently mandates an impasse resolution procedure for dispute s between the City and its public safety employees over wages, hours or terms and conditions o f City employment, which differs from the usual dispute resolution process established by stat e law for public employees, and which removes final decision making authority over such dispute s from the City Council, as set forth in relevant part below : (D) Impasse Resolution Procedures . (1)All disputes, controversies and grievances pertaining to wages, hours or terms an d conditions of City employment which remain unresolved after good faith negotiation s between the City and said employee organization shall be submitted to a three-member Boar d of Arbitrators upon the declaration of an impasse by the City or by said employe e organization . Upon declaration of impasse by either party, the City and employe e organization shall each exchange a written last offer of settlement on each of the issue s remaining in dispute . Written last offer of settlement shall be exchanged between partie s within two days of the declaration of impasse . (2)Representatives designated by the City and representatives of the employe e organization shall each select and appoint one arbitrator to the Board of Arbitrators withi n three (3) business days after either party has notified the other, in writing, of the declaratio n of impasse and the desire to proceed to arbitration . The third member of the Board o f Arbitrators shall be selected by agreement between the City's and the employee's organizatio n R 10265 Resolution No . 10265 (2011 Series ) Page 2 representative within ten (10) business days of the declaration of impasse . This third membe r shall serve as the neutral arbitrator and Chairperson of the Board . In the event that the Cit y and the employee organization cannot agree upon the selection of the neutral arbitrator withi n ten (10) business days from the date that either party has notified the other that it has declare d an impasse, either party may then request the State Mediation and Conciliation Service of th e State of California Department of Industrial Relations to provide a list of seven (7) person s 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 o n one of the seven (7) to act as the third arbitrator, they shall have five (5) business days t o alternately strike names, with the City's arbitrator striking first, from the list of nominees unti l one name remains and that person shall then become the neutral arbitrator and Chairperson o f the Board of Arbitrators . (3)Any arbitration proceeding convened pursuant to this Article shall be conducted i n conformance with, subject to, and governed by Title 9 of Part 3 of the California Code o f Civil Procedure. The Board of Arbitrators shall hold public hearings, receive evidence fro m the parties and cause a transcript of the proceedings to be prepared . The Board of Arbitrators may adopt by unanimous consent such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs o f the arbitration process . (4)In the event no agreement is reached prior to the conclusion of the arbitratio n hearings, the Board of Arbitrators shall direct each of the parties to submit, within such tim e 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 Arbitrator s shall decide each issue by majority vote by selecting whichever last offer of settlement o n that issue it finds most nearly conforms to those factors traditionally taken into consideratio n in the determination of wages, hours, benefits and terms and conditions of public and privat e employment, 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 index, as reported at the time impasse is declared for the preceding twelve (12) months, the wages , hours, benefits and terms and conditions of employment of employees performing simila r services in comparable cities ; and the financial condition of the City of San Luis Obispo an d its ability to meet the costs of the decision of the Board of Arbitrators . (5)After reaching a decision, the Board of Arbitrators shall mail or otherwise delive r a true copy of its decision to the parties . The decision of the Board of Arbitrators shall not b e publicly disclosed and shall not be binding until ten (10) days after it is delivered to th e parties . During that ten (10) day period the parties shall meet privately, attempt to resolv e their differences, and by mutual agreement amend or modify the decision of the Board o f Arbitrators . At the conclusion of the ten (10) day period, which may be extended by mutua l agreement between the parties, the decision of Board of Arbitrators, as it may be modified o r amended by the parties, shall be publicly disclosed and shall be binding on the parties . Th e City and the employee organization shall take whatever action is necessary to carry out an d effectuate the arbitration award . No other actions by the City Council or by the electorate t o 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 , including the fee for the services of the chairperson of the Board of Arbitrators and the costs Resolution No . 10265 (2011 Series ) Page 3 of preparation of the transcript of the proceedings shall be borne equally by the parties . The expenses of the arbitration, which the parties may incur individually, are to be borne by th e party incurring such expenses . Such expenses include, but are not limited to, the expense o f calling a party's witnesses, the costs incurred in gathering data and compiling reports, and any expenses incurred by the party's arbitrator . The parties may mutually agree to divide the cost s in another manner . (7) The proceedings described herein shall supersede the dispute resolution proces s for the San Luis Obispo Police Officers Association and the San Luis Obispo Firefighter s Association which is set forth in Sections 13 .2 and 14 .1 of City of San Luis Obisp o Resolution No . 6620, to the extent that such language is in conflict with this amendment . Furthermore, the proceedings described herein shall supersede any language within th e Employer-Employee Resolution, the Personnel Rules and Regulations, any Memorandum o f Agreement with the employee associations or any written policy or procedure relating t o wages, hours or other terms and conditions of City employment, to the extent that suc h language is in conflict with this amendment . However, nothing in this section shall preclud e the parties from mutually agreeing to use dispute resolution processes other than the bindin g arbitration process herein set forth . Nor, does it preclude the parties from negotiating, an d 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 . WHEREAS,the City Council of the City of San Luis Obispo desires to submit to th e voters a measure to repeal Section 1107 of the Charter of the City of San Luis Obispo in it s entirety, the approval of which would result in the City's public safety employees being governe d by the same State law dispute resolution procedures applicable to other represented publi c employee groups . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUI S OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS : SECTION 1 .The City Council of the City of San Luis Obispo hereby proposes on it s own motion that a measure repealing in its entirety Section 1107 ("Impartial and Bindin g Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighter s Association, IAFF Local 3523, Employee Disputes") of the Charter of the City of San Lui s Obispo be submitted to the voters at the Special All Mailed Ballot Municipal Election to be hel d on August 30, 2011 . SECTION 2 . That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special All Mailed Ballot Municipal Election on Tuesday, Augus t 30, 2011, the following question : Resolution No .10265 (2011 Series ) Page 4 SECTION 3 .That the City Council authorizes any and all members of the City Council t o file written arguments in favor of 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 th e date fixed by the City Clerk after which no arguments for or against the measure may be submitte d to the City Clerk . SECTION 4 .That the City Council directs the City Clerk to transmit a copy of th e measure to the City Attorney, who shall prepare an impartial analysis of the measure showing th e effect of the measure on the existing law and the operation of the measure . The impartial analysi s shall be filed by the date set by the City Clerk for the filing of primary arguments . SECTION 5 .That in all particulars not recited in this resolution or Ordinance Numbe r 1559 (2011 Series), the election shall be held and conducted as provided by law for holdin g municipal elections . SECTION 6 .That notice of the time and place of holding the election is given and th e City Clerk is authorized, instructed and directed to give further or additional notice of th e election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of thi s resolution . SECTION 8 .That the City Clerk is hereby directed to file a certified copy of thi s resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder . Shall San Luis Obispo Charter Section 110 7 ("Impartial and Binding Arbitration for San Lui s Obispo Police Officers Association and San Lui s Obispo Firefighters Association, IAFF Loca l 3523,Employee Disputes") be repealed in it s entirety, leaving resolution of disputes ove r wages, hours, or working conditions, whic h remain unresolved after good faith negotiation s between the City and the two covere d organizations, subject to the same State la w procedures for impasse resolution that gover n other public employee organizations? Ye s No Resolution No . 10265 (2011 Series ) Page 5 Upon motion of Council Member Smith, seconded by Council Member Carpenter , and on the following vote : AYES : Council Members Carpenter, Carter and Smith, and Mayor Mar x NOES : Vice Mayor Ashbaug h ABSENT : None The foregoing resolution was adopted this 17th day of May 2011 . ATTEST : Elaina Cano, CM C City Clerk APPROVED AS TO FORM :