Minutes 1988/05/24
5630
I
Posting
Agenda
Roll Call
Charter
Amendment
.--;'
J
T
Special Meeting
May 24, 1988
Gilroy, California
=
The City Clerk reported that the Agenda had been posted on May 23,
1988 at 12:54 p.m.
Mayor Hughan led the pledge of allegiance to the Flag.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V.
Kloecker, Larry Mussallem, Pete Valdez, Jr. and Roberta H. Hughan;
Absent: Councilmember: Daniel D. Palmerlee. 7:06 p.m.
Mayor Hughan noted that the meeting was scheduled to discuss the
proposed Charter Amendment Relating to Binding Arbitration, and noted
that the goal of the meeting is to gather information, recognize, refer
to or record the information already obtained and to decide if additional
information is needed, particularly from outside sources who have had
experience with binding arbitation or who are experts in the field of
arbitration. (Councilman Palmerlee entered at 7:08 p.m. and took his
seat at the Council table.) The Mayor further noted for the record that
the City recognizes that it has a Notice of Intent to Circulate a
Petition from the Gilroy Police Officers' Association and the Fire
Association calling themselves "Citizens Supporting Gilroy Police and
Fire" She further noted that the Council has comments from various
Personnel Directors from other cities and information from other states,
where Binding Arbitration has been put in place. She noted that they
have an article from the Cal Tax Research Bulletin, League of California
Cities information, Information from Michigan where binding arbitration].
is in place, from the City of Vallejo and the group called The Forum .
Merchants and Manufacturers Association. She noted that they have an
analysis of the experience of several cities and governments on
compulsory binding interest arbitration, detailing the affect of
arbitration that is binding on various cities in California and outside
of California. She noted that this information will provide a basis for
postiions taken officially by city government when all the information
believed to be needed is received. She noted that the information
received to date indicates that City government is severely impacted in
its budget process by binding arbitration.
(/
<< '?\ I
,".-J '..y~ ~,., f
,) (;~<,t
5631
..... .
The Mayor asked if Staff had any comments on the available
information.
"...
City Adiministrator Baksa stated that the Mayor noted the
written documentation very well and that the question would be is
what more information would the Council need and from what
sources so Staff could try to locate that for Council. He
suggested that Council schedule a Forum Study Session to meet
with some of the people contacted who are involved with compul-
sory binding arbitration to discuss some of the issues of binding
arbitration and that particular concept. He noted that the
League of California Cities has offered someone from their Staff
who is well versed in binding arbitration. He also stated that
Staff would obtain any other written information from other
sources that is desired by Council. Council was in favor of
conducting a forum as suggested.
....
Councilman Hale inquired if there was any information as to
how this proposed petition was initiated.
City Administrator Baksa stated that if the GPOA or Fire
.Fighters presented information on this matter it would certainly
be accepted and would be reproduced for Council review.
The Mayor stated that at some future date it would be
appropriate for Council to determine their position in regard to
this measure, should it become a ballot measure and from there
Council would have to determine the strategy that they would take
in regard to same.
Councilman Kloecker inquired of the procedure involved in
this matter.
....-',.....
City Administrator Baksa noted that the procedures are, as
with any initiative of this nature, an intent has been presented,
the City Attorney has reviewed it and worked out some of the
problems that were in the first drafts with the petitioners which
can then be circulated to the registered voters of the City
within the prescribed time. Approximately 1800 valid signatures
are required that would force an election.
....
Discussion was had in regard to the charter amendment
document and City Attorney's summary as presented to the City.
City Administrator Baksa noted that the City cannot adjust this
document because it is an initiative from the two particular
organizations.
Councilman Valdez noted that it does not have the
concurrence from the Council nor the Administration.
Discussion was had regarding the City's initiation of a
companion measure. The Mayor noted that if the City placed a
companion measure on the ballot that it would not have to go
through the signature requirement.
The City Clerk noted that the Registrar of Voters requires
that petitions be in their office by July 12, 1988 to qualify for
the November 1988 Ballot. Council would be required to adopt a
resolution by August 12, 1988 calling a Special Election, to
place any measures on the November Ballot.
"...
I
'-
The Mayor noted that as the Council has faced various
issues they have taken a position as to their role and the City
Council's role in this issue is going to be critical. She noted
that if Council in fact decides that this initiative will not
work to the advantage of the City of Gilroy then their role in
that situation will have to be clearly defined. She noted that
until that time Council is free to give their own opinion and it
has to be well understood that the City Administrator plays a
neutral position, in that he is available for fact giving and
fact finding, but is not a participant in the ballot campaign of
any kind. The Mayor stated that it could take an official
position that would be agendized for action. If that is done she
noted that the next step is usually a Citizens' Committee.
5632
Adjrnmt.
"
City Administrator Baksa noted that the one aistinction
that~would have to take. place as the Mayor stated, a position is
within the realm of possibility, out active use of public
facilities funds during the campaign is prohibited and would have
to be outside of the normal governmental procedures.
The Mayor asked if there
wishing to speak on the matter
important for Council to have.
in the audience.
was anyone present in the audience
and present any information felt
There was no comment from anyone
At 7:23 p.m. the Mayor adjourned the meeting to a Study
Session in the Employees' Lounge regarding the 1988-1993
Financial Plan of the City.
Respectfully submited,