HomeMy WebLinkAbout07/28/2000, 1 - PLACING ON THE NOVEMBER 7, 2000 BALLOT A PROPOSED CHARTER AMENDMENT REGARDING BINDING ARBITRATION (CITIZEN-INITIATED) council 07-28-00
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CITY OF SAN LU IS O S P O
FROM: Lee Price,City Clerk
SUBJECT: Placing on the November 7, 2000 Ballot a Proposed Charter
Amendment regarding Binding Arbitration(Citizen-Initiated)
CAO RECOMMENDATIONS:
1) Adopt a Resolution of the City Council of the City of San Luis Obispo, California,
Calling And Giving Notice of the Holding of a General Municipal Election on Tuesday,
November 7, 2000, for the Submission of a Proposed Charter Amendment(Citizen-
Initiated).
2) Adopt a Resolution of the City Council of the City of San Luis Obispo Setting Priorities
For Filing Written Arguments Regarding a City Measure and Directing the City Attorney to
Prepare an Impartial Analysis.
3) Adopt a Resolution of the City Council of the City of San Luis Obispo Providing for the
Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.
DISCUSSION
On July 18d', the City Council officially called the General Municipal Election to be held on
November 7, 2000. The matter of placing the proposed citizen-initiated charter amendment on the
ballot was,however,continued by Council action.
Fan . gmiind:
A Notice of Intention to Circulate a Petition was filed by the Police Officers Association and the
Firefighters Association on May 26, 2000. The proposed ballot measure, if passed, will amend
the City Charter by requiring that labor disputes between the City and the Police Officers
Association and the Firefighters Association be resolved by binding arbitration. The Notice of
Intention, along with the City Attorney's ballot title and summary, were published on June 2°d
and the petition was circulated over the next few weeks.
The petition, which consisted of 1,048 sections with a"raw" count of 6,465 signatures, was filed
with the City Clerk on June 215`. A random sampling of 500 signatures was completed pursuant
to Elections Code Sections 9115 and 9211. Of the 500 signatures checked, 83% were
determined to be valid. When this percentage was applied to the 6,465 signatures presented, the
total was statistically more than the 3,430 signatures required to qualify the petition based on the
random sampling verification. The Clerk's Certificate of Results of Examination of Initiative
Petition is attached (Attachment 1). Because the petition qualifies, the Council is compelled to
place the measure on the ballot.
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General Municipal Election-November 7, 2000 2
Actinns Required:
1. Adopt a resolution submitting the proposed charter amendment to the voters.
(Attachment 2). This resolution places the measure on the ballot.
2. Adopt a resolution setting priorities for written arguments and directing the City Attorney
to prepare the Impartial Analysis. (Attachment 3). Pursuant to Elections Code Section
9280, the City Council may direct the City Clerk to provide a copy of the proposed
charter amendment to the City Attorney for the purpose of preparing an impartial analysis
of the measure. The impartial analysis shall be submitted no later than the date set by the
Clerk to receive primary arguments. The Elections Code establishes a 300-word limit for
primary arguments and also establishes priorities for selecting arguments, which are as
follows:
a. The City Council as a whole, or members thereof
b. The proponents of the measure
c. Bonafide associations of citizens
d. Individual voters
3. Adopt a resolution providing for rebuttal arguments (Attachment 4). Rebuttal
arguments are limited to 250 words.
Deadlines for Filing the Tmp srfial Analysis and Ar im .n s:
The following deadlines have been established by the City Clerk for the submission of the impartial
analysis,primary arguments in favor and against, and rebuttal arguments:
Aug 2—5:00 p.m. Last day to file Impartial Analysis and Primary Arguments
For or Against a Measure
Aug 7—5:00 p.m. Last day to file Rebuttal Arguments For or Against a
Measure
Aug 7—Aug 16 10-day public examination period for the full text of the
ballot measure, the Impartial Analysis and all written
arguments
FISCAL EMPACT
The total cost of the election will be influenced by the number of candidates filing for elected office
and the printing expenses relating to Candidate Statements, the text of the Ballot Measure(s), the
City Attorney's Impartial Analysis, Primary Arguments and Rebuttal Arguments. It is estimated
that the election will cost approximately $23,850. Approximately $2,500 of the total cost of the
election is anticipated to cover the direct costs of this ballot measure. There is sufficient money set
aside in the City Clerk's Election budget to pay those costs.
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General.Municipal Election-November 7,2000 3
Attachments:
1. Clerk's Certificate of Results of Examination of Initiative Petition
2.. Resolution Submitting.Measure
3. Resolution Setting Priofities for ArgumentsandImpartial Analysis
4: Resolution Providing for Rebuttal Arguments
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ATTACHMENT#1
City of San Luis Obispo
CITY CLERK'S CERTIFICATE OF RESULTS
OF EXAMINATION OF IN]MATIVE PETITION
COUNTY OF SAN LUIS OBISPO )
ss.
STATE OF CALIFORNIA )
I, LEE PRICE, City Clerk of the City of San Luis Obispo, State of California, hereby certify:
1. That the Initiative Petition proposing that the City's Charter be amended to require that
disputes between the City and the Police Officers Association and the Firefighters
Association would be resolved by biding arbitration was filed with this office on
Wednesday, June 21, 2000.
2. That said petition consists of 1,048 sections with a"raw"count of 6,465 signatures.
3. That each petition section contains signatures purporting to be the signatures of qualified
electors of this City;
4. That each section contains an Affidavit of Circulator purporting to be the affidavit of the
person who solicited the signatures, and containing the dates between which the
purported qualified electors signed this petition;
5. That the affiant stated that he or she had solicited the signatures upon that section, and
that all of the signatures were made in his or her presence, and that to the best of his or
her knowledge and belief each signature to that section was the genuine signature of the
person whose name it purports to be;
6. That after the proponents filed this petition the signatures were verified pursuant to
Elections Code Sections 9115 and 9211 by examining the records of registration in this
city, current and in effect at the respective purported dates of such signing, to determine
what number of qualified electors signed the petition, and from that examination I have
determined the following facts regarding this petition:
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Facts
A. Number of unverified signatures filed by proponent 6,465
B. Number of signatures verified per Elections Code §§ 9115 and 9211 500
C. Number of signatures found SUFFICIENT 415
D. Number of signatures found INSUFFICIENT 85
E. Number insufficient because DUPLICATE 0
F. Percentage of signatures found sufficient 83%
G. Percentage of sufficient signatures x total number of unverified
signatures (71.8 x 1,694) 5,366
H. Formula for weighted duplicates per Election Code § 20531:
Divide: Raw Count 6,465 =(the value of each signature) 12.93
Sample 500
I. Number of signatures necessary to declare petition sufficient utilizing
the random sample technique(110%x 3,430) 3,773
THEREFORE, I hereby find this Initiative Petition to be sufficient, based on the random sample
examination method prescribed by Elections Code Sections 9115 and 9211.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the City's official seal this
7' day of July, 2000.
Lee Price, CMC
City Clerk
City of San Luis Obispo
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ATTACHMENT#2
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1 �
RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION ON TUESDAY,NOVEMBER 7,20009 FOR THE
SUBMISSION OF A PROPOSED CHARTER AMENDMENT
(CITIZEN-INITIATED)
WHEREAS,pursuant to authority provided by Article XI of the Constitution and Title 4,
Division 2,Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3
(commencing at § 9255) of the Election Code of the State of California, a petition has been filed
with the legislative body of the City of San Luis Obispo signed by more than fifteen percent of
the registered voters of the City according to the County Election Department's last official
report of registration to the Secretary of State to submit a proposed charter amendment to the
voters; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters;
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That pursuant to Article XI of the Constitution and Title 4,Division 2,
Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at § 9255)
of the Election Code of the State of California,there is called and ordered to be held to be in the
City of San Luis Obispo,California, on Tuesday,November 7, 2000, a General Municipal
Election for the purpose of submitting the following proposed charter amendment:
Measure S Yes
Shall the San Luis Obispo City Charter be amended to provide that
disputes about wages,hours and other terms and conditions of
employment that cannot be resolved by negotiations between the City and
the Police Officers' Association and the Firefighters' Union be subject to NO
binding arbitration that is final without City Council or voter approval?
SECTION 2. That the text of the charter amendment submitted to the voters is attached as
Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
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Resolution No. (2000 Series)
Page 2
SECTION 4. That the polls shall be open at seven o'clock am. of the day of the election
and shall remain open continuously from that time until eight o'clock p.m. of the same day when
the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of
California.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
resolution.
SECTION 6. 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 , seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 28th day of July, 2000.
Mayor Allen K. Settle
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
City Attorney
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Resolution No. (2000 Series)
EXHIBIT A
Page 1
FULL TEXT OF MEASURE S
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 San Luis Obispo Firefighters Association, IAFF Local 3523, Employee
Disputes.
(a) Declaration of Policy. It is hereby declared to be the policy of the City of San Luis Obispo
that strikes by firefighters and police officers are not in the public interest and should be
prohibited, 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 police officers shall
willfully engage in a strike against the City. Any such employee against whom the City brings
charges of failing to report for work as part of a strike shall be subject to dismissal 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 City, through its duly authorized representatives,
shall negotiate in good faith with the San Luis Obispo Police Officers Association and/or the San
Luis Obispo Firefighters Association, IAFF Local 3523, as the exclusive representatives of
representation units comprised solely of employees of the police department and/or the fire
department, as such units are currently constituted or as they may be amended through
negotiation or arbitration as provided in this section, on all matters relating to the wages, hours,
and other terms and conditions of City employment. Unless and until agreement is reached
through negotiations between authorized representatives of the City and said employee
organization or organizations or a determination is made through the impartial arbitration
procedure hereinafter provided, no existing benefit, term or condition of employment for
employees represented by the San Luis Obispo Police Officers Association and/or the San Luis
Obispo Firefighters Association, IAFF Local 3523, shall be altered, eliminated or changed.
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Resolution No. (2000 Series)
EXHIBIT A
Page 2
(d) Impasse Resolution Procedures.
(1) All disputes, controversies and grievances pertaining to wages, hours or terms and conditions
of City employment which remain unresolved after good faith negotiations between the City and
said employee organization shall be submitted to a three member Board of Arbitrators upon the
declaration of an impasse by the City or by said employee organization. Upon declaration of
impasse by either party, the City and employee organization shall each exchange a written last
offer of settlement on each of the issues remaining 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 and representatives of the employee organization shall
each select and appoint one arbitrator to the Board of Arbitrators within three (3) business days
after either party has notified the other, in writing, of the declaration of impasse and the desire to
proceed to arbitration. The third member of the Board of Arbitrators shall be selected by
agreement between the City's and the employee's organization representative within ten (10)
business days of the declaration of impasse. This third member shall serve as the neutral
arbitrator and Chairperson of the Board. In the event that the City and the employee organization
cannot agree upon the selection of the neutral arbitrator within ten (10) business days from the
date that either party has notified the other that it has declared an impasse, either party may then
request the State Mediation and Conciliation Service of the State of California Department of
Industrial Relations to provide a list of seven (7) persons 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 on one of the seven (7) to act as the third
arbitrator, they shall have five (5) business days to alternately strike names, with the City's
arbitrator striking first, from the list of nominees until one name remains and that person shall
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, 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 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 of the arbitration process.
(4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the
Board of Arbitrators shall direct 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
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Resolution No. (2000 Series)
EXHIBIT A
Page 3
conforms to those factors traditionally taken into consideration in the determination of wages,
hours,benefits and terms and conditions of public and private 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 similar services in comparable 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 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 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 differences, 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 the
parties, the decision of Board of Arbitrators, 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
organization shall take whatever action is necessary to carry out and effectuate the arbitration
award. No other actions by the City Council 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, including the
fee for the services of the chairperson of the Board of Arbitrators and the costs of preparation of
the transcript of the proceedings shall be bore equally by the parties. The expenses of the
arbitration, which the parties may incur individually, are to be borne by the party incurring such
expenses. Such expenses include, but are not limited to, the expense of 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 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 13.2 and 14.1 of City 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
Personnel Rules and Regulations, any Memorandum of Agreement with the employee
associations or any written 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 preclude the parties from negotiating, and submitting to the arbitration process set
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ATTACHMENT#3
�O RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE CITY COUNCIL;OF THE CITY OF SAN LUIS
OBISPO SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING A CITY MEASURE AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of San Luis Obispo,
California, on November 7, 2000, at which time there will be submitted to the voters the
following measure:
Measure S Yes
Shall the San Luis Obispo City Charter be amended to provide that
disputes about wages,hours and other terms and conditions of
employment that cannot be resolved by negotiations between the City and
the Police Officers' Association and the Firefighters' Union be subject to No
binding arbitration that is final without City Council or voter approval?
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO,DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. 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 2. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney 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 3. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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Resolution No. (2000 Series)
Page 2
The foregoing resolution was passed and adopted this 28th day of July, 2000.
Allen K. Settle,Mayor
ATTEST:
Lee Price,C.M.C.
City Clerk
APPROVED AS TO FORM:
Wormey City Att
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ATTACHMENT#4
RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.
WHEREAS, Section 9220 and 9285 of the Elections Code of the State of
California authorizes the City Council,by majority vote, to adopt provisions to provide
for the filing of rebuttal arguments for City measures submitted at municipal elections;
NOW, THEREFORE, The City Council of the City of San Luis Obispo,
California, does resolve, declare, determine and order as follows:
SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of
the State of California, when the City Clerk has selected the arguments for and against
the measure which will be printed and distributed to the voters, the City Clerk shall send
copies of the argument in favor of the measure to the authors of the argument against, and
copies of the argument against to the authors of the argument in favor. The authors may
prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments
shall be filed with the City Clerk not more than 10 days after the final date for filing
direct arguments. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which
is seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal
arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply at the next ensuring
municipal election and at each municipal election after that time.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 28th day of July, 2000.
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Resolution No. (2000 Series)
Page 2
Allen K. Settle,Mayor
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
City Attorney
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