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HomeMy WebLinkAboutR-10760 - Resolution amending resolution process applicable only to the SLO Police Officers AssociationRESOLUTION NO. 10760 (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING RESOLUTION 6620 (1989 SERIES) TO ESTABLISH A NEW DISPUTE RESOLUTION PROCESS APPLICABLE ONLY TO THE SAN LUIS OBISPO POLICE OFFICERS ASSOCIATION WHEREAS, the resolution of labor disputes between the City and the San Luis Obispo Police Officers Association (SLOPOA) is currently governed by Resolution 6620 (1989 Series); and WHEREAS, SLOPOA and the City are parties to an Unfair Practice Charge, LA -CE -729- M, pending before the Public Employment Relations Board in which SLOPOA has alleged that the City violated the Meyers-Milias-Brown Act by placing certain ballot measures before the voters prior to completion of statutory negotiations requirements and in which the City has denied those allegations; and WHEREAS, the Council finds that approving a settlement agreement in the pending action furthers the City's interests of: promoting harmonious labor relations between the parties; achieving greater certainty in the results of the local elections outcome that was the subject of Unfair Practice Charge No. LA -CE -729-M; clarifying and reaching agreement on the applicable procedures for the resolution of labor disputes between the parties; and avoiding the uncertainty, inconvenience, and expense of continued litigation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Amendment of Section 13.2 of Resolution 6620 1989 Seriesl. Section 13.2 of Resolution 6620 (1989 Series) is hereby amended to delete reference to "SLOPOA," thereby making the section inapplicable to SLOPOA, but leaving those provisions otherwise intact and continuing in their application only to IAFF Local 3523. SECTION 2. Add New Section 13.3. Resolution 6620 (1989 Series) is hereby amended to add new Section 13.3 establishing a new dispute resolution process applicable only to SLOPOA to read as follows: 13.3 Dispute Resolution Procedures for the San Luis Obispo Police Officers' Association (SLOPOA) Only A. It is the intent of the City and the SLOPOA that resolution of disputes on matters within the scope of representation as defined in California Government Code Section 3504 shall be resolved in the manner set forth in Government Code Sections 3505 through 3505.7 (as those sections subsequently may be amended) and as further provided in this section. To the extent that this section is silent as to procedural matters addressed in the Government Code, the Resolution No. 10760 (2016 Series) Page 2 provisions of the Government Code shall be deemed to apply. Otherwise, the express terms of this section shall govern. B. Selection of Neutral Factfinder. (1) Within a reasonable time following the adoption of this section, the City and the SLOPOA shall consult with one another to agree upon a list of no fewer than 7 acceptable and reasonably available factfinders from which the neutral factfinder will be chosen. (2) Any party may request to review and revise the list one time per calendar year after initial agreement on the list or as otherwise necessary to maintain the requisite number of acceptable and available factfinders. The list shall only be revised by mutual consent of the parties. (3) The neutral factfinder shall be selected from the predetermined list via an alternating strike process as follows: (a) The parties will determine either through mutual agreement or by coin toss which of the parties will strike first and that party will select one name to strike from the list. (b) The second party will then strike a name from the list. (c) The parties will continue with alternating strikes from the list until only one name remains. (d) The remaining factfinder will be contacted no later than two business days following the selection and requested to serve as the neutral factfinder. (e) If the selected neutral is unavailable, the name shall be removed from the list and the strike process shall be repeated until an available neutral can be retained. For purposes of this section, the selected neutral will be deemed "unavailable" if s/he is not able to begin hearings within 45 days of the date the request to serve as the neutral factfinder is made. (f) The parties may mutually agree to a factfinder from the list without going through steps a -e above. C. Procedures For The Factfinding Hearing (1) The SLOPOA may request that the parties' differences be submitted to a factfinding not later than 30 calendar days following the date that either party provided the other with a written notice of a declaration of impasse. Within five days after receipt of the written R 10760 Resolution No. 10760 (2016 Series) Page 3 request, each party shall select a person to serve as the factfinder in accordance with section B above. (2) Once selected, the factfinder shall, as soon as reasonably possible, based upon the schedules of the parties and the factfinder, hold a hearing on the issues in dispute in the impasse. In no event shall the hearing take place more than 30 calendar days from the selection of the factfinder by the parties except by mutual agreement of the parties. For the purpose of the hearing, the factfinder shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. (3) Ten calendar days prior to the hearing the parties shall either jointly or separately submit a statement to the factfinder listing the issue(s) in dispute identifying the proponent of the issue(s) in dispute. (4) In arriving at their findings and recommendations, the factfinder shall consider, weigh, and be guided by all the following criteria: (a) State and federal laws that are applicable to the employer. (b) Local rules, regulations, or ordinances. (c) Stipulations of the parties. (d) The interests and welfare of the public and the financial ability of the public agency. (e) A Comparison of the wages, hours, and conditions of employment of the employees involved in the factfinding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. (f) The consumer price index for goods and services, commonly known as the cost of living. (g) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. (h) Any other facts, not confined to those specified in paragraphs (a) to (g), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations. R 10760 Resolution No. 10760 (2016 Series) Page 4 (5) If the dispute is not settled within 30 calendar days after the appointment of the factfinder, or, upon agreement by both parties within a longer period, the factfinder shall make findings of fact and recommend terms of settlement, which shall be advisory only. The factfinder shall submit, in writing, any findings of fact and recommended terms of settlement to the parties before they are made available to the public. The public agency shall make these findings and recommendations publicly available within 10 days after their receipt. (6) The costs for the services of the factfinder selected by the parties, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be equally divided between the parties. (7) The costs for the services of the factfinder agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the factfinder's resume submitted to the parties. The factfinder's bill showing the amount payable by the parties shall accompany his or her final report to the parties and the board. The factfinder may submit interim bills to the parties in the course of the proceedings. The parties shall make payment directly to the factfinder. (8) Any other mutually incurred costs shall be borne equally by the public agency and the employee organization. Any separately incurred costs shall be borne by that party. (9) After these factfinding procedures have been exhausted, but no earlier than 10 days after the factfinders' written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 5 above, the Council shall proceed as set forth in Sections D. et seq below. D. Council Procedures Following Factfinding (1) If the parties remain at impasse after conclusion of the factfinding proceeding, as set forth in Government Code Section 3505.7, the Council shall hold the public hearing required by that section not earlier than 10 calendar days and not later than 60 calendar days following the factfinder's written findings and recommended terms of settlement have been submitted to the parties. (2) At the public meeting, the Council shall review the findings and recommendations submitted by the factfinder, the available information in the record presented to the factfinder, and any other testimony or relevant information that may be submitted to the Council by the parties or any other interested person(s) prior to the conclusion of the public hearing. The format of the public hearing for purposes of this section shall not be evidentiary or adversarial in nature, but shall follow City standard procedures for Council public hearing items. R 10760 Resolution No. 10760 (2016 Series) Page 5 (3) Following the conclusion of the public hearing, the Council by majority vote may either adopt, modify or reject, in whole or in part, the findings and recommendation of the factfinder and/or the Council may implement its last best and final offer, if inconsistent with the factfinder's recommendation, after following the procedures set forth in section 4 below. If the factfinder's recommendations are consistent with the City's last, best and final offer, the Council may implement its last, best and final offer without additional findings otherwise required herein. (a) The Council shall take final action no later than 30 calendar days following the conclusion of the public hearing, but may do so at the same meeting during which the public hearing is conducted or at any time prior to said 30 -day limit. (4) The factfinder's findings and recommendations for settlement shall be entitled to a presumption of correctness, unless rebutted as follows: (a) If the Council opts to modify or reject any finding or recommended term of settlement favorable to the association and/or to implement its last best and final offer, the Council shall adopt written findings of fact, supported by a preponderance of the evidence presented in the record, in support of its final action. Said written findings of fact by the Council shall be sufficient to show the Council's reasoning for any such rejection and/or modification with specific citations to the record. The written findings shall be supported by a preponderance of the evidence and the Council's conclusions shall be supported by its findings. (b) Within 10 calendar days after submission of the factfinder's findings and recommendations to the parties, the SLOPOA shall identify in writing to the City each factfinder's "finding or recommended term of settlement" that it deems "favorable to the SLOPOA" for purposes of this section. (c) The Council may adopt any finding or recommendation of the factfinder without requirement of further findings of fact, other than as specifically required by this section. (5) Nothing herein shall be interpreted to limit, modify or preclude Council's otherwise applicable rights to meet in closed session under labor relations provisions of the Brown Act, so long as no final action set forth herein is taken prior to the required public hearing. E. Judicial Review (1) The parties agree that this resolution requires a hearing at which evidence/testimony is required to be taken and discretion in the determination of facts is vested in the R 10760 Resolution No. 10760 (2016 Series) Page 6 Council. The City shall not assert any position that is contrary to the terms of this resolution including, but not limited to, any position that asserts that a court lacks jurisdiction under either CCP Sections 1094.5 or 1085. (2) No later than 45 calendar days following the Council's final action to modify or reject the factfinder's findings or recommendations favorable to the SLOPOA and/or to implement its last best and final offer, the parties agree that the SLOPOA may seek review of the Council's final action by filing a writ petition in the Superior Court of San Luis Obispo County pursuant to Code of Civil Procedure Section 1094.5 and/or Section 1085 depending upon the issues submitted for review. The record for review shall include all evidence presented through the conclusion of the public hearing. (3) In the event the Council fails to take final action as required herein following the conclusion of a factfinding proceeding, the parties agree that the SLOPOA, within 30 calendar days following the date on which the Council would otherwise have been required to take final action, may compel the Council's final action pursuant to Code of Civil Procedure Section 1085. F. Process Modifications: Unless otherwise mutually agreed between the parties in writing, the dispute resolution process provided herein shall constitute the exclusive means of impasse resolution between the City and the SLOPOA as contemplated by Government Code Section 3507(a)(5) (or as it subsequently may be amended) and may be modified only through the meet and confer process provided in Government Code Section 3505 (or as it subsequently may be amended), including submitting any unresolved disputes regarding proposed modifications to this process. The parties may modify any of the procedures set forth herein as they may deem convenient by mutual written agreement. SECTION 3. This Resolution shall become effective immediately upon dismissal in its entirety of Unfair Practice Charge No. LA -CE -729-M by PERB and execution by the parties of the settlement agreement in that matter. In the event PERB declines to dismiss the action in its entirety, this resolution shall not take effect. SECTION 4. Resolution Number 6620 (1989 Series) is hereby amended as set forth :herein and superseded to the extent inconsistent herewith. Upon motion of Vice Mayor Rivoire, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Christianson, Gomez and Pease, Vice Mayor Rivoire, and Mayor Harmon NOES: None ABSENT: None R 10760 Resolution No. 10760 (2016 Series) The foregoing resolution was adopted this 13th day of December 2016. — -P 1'�� 3�4' - yvr Heidi Har on ATTEST: A&L��11 Carrie Gallagher City Clerk APPROVED AS TO ine Dietrick City Attorney Page 7 IN WITNESS WHEREOF, I have hereunto set my and and affixed the official seal of the City of San Luis Obispo, California, thisday of --16l J Carrie Gallagher City Clerk R 10760