Resolution 1988-45
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RESOLUTION NO. 88-45
RESOLUTION ACCEPTING THE FILING OF A PETITION FOR
A PROPOSED CHARTER AMENDMENT FOR THE CITY OF GILROY,
DIRECTING THE FILING. .OF A COpy THEREOF, DIRECTING
THE CITY CLERK TO CAUSE THE SAME TO BE PUBLISHED
AND DIRECTING THAT THE PROPOSAL BE SUBMITTED TO THE
ELECTORATE AT THE GENERAL ELECTION ON NOVEMBER 8, 1988.
WHEREAS, Section 3 of Article XI of the Constitution and
Sections 34450 eta seq. of the Government Code of the State of
California authorize 15 percent of the registered voters to
propose by petition an amendment to the City Charter of any such
City, and for the submission of such a proposal to the electors
of said city, and
WHEREAS, the City Council of the City of Gilroy has received
such a petition proposing amendment of Section 1004 of the Charter
of the City of Gilroy framed pursuant to the aforesaid provisions
of the Constitution and Government Code of the State of California
so as to prohibit strikes by police officers and firefighters,
and to require that wages, hours and other terms and conditions
of their employment be subject to binding arbitration;
NOW. THEREFORE, BE IT RESOLVED, by the City Council of the
City of Gilroy, and it is hereby ordered, as follows:
1. That the said petition for the proposed amendment to the
Charter be and the same is hereby accepted by the City Council
of the City of Gilroy, and a copy thereof shall be filed forthwith
in the office of the City Clerk of the City of Gi1roy~
2. That the proposed amendment to the Charter of the City
of Gilroy be submitted to the electors of said city for their
approval or rejection at the General Election to be held on
Tuesday. the 8th day of November. 1988, said proposed Charter
Amendment being as follows, to-wit;
RESOLUTION NO. 88-45
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PROPOSED AMENDMENT TO SECTION 1004
OF THE CHARTER OF THE CITY OF GILROY
ADDING NEW SECTION .(C). WHICH SHALL PROVIDE AS FOLLOWS:
Section 1. Declaration of Policy. It is hereby declared to
be the policy of the City of Gilroy that strikes by firefighters
and police officers pose an imminent threat to public health and
safety and should be prohibited, and that a method should be
adopted for peacefully and equitably resolving disputes that might
otherwise lead to such strikes.
Section 2. Prohibition ~ainst Strikes. No City of Gilroy
Police officer or firefighter employee, employee union. association
or organization shall strike or engage in such concerted economic
activity against the City of Gilroy. Disputes unresolved by nego-
tiations should be resolved by the arbitration procedure set forth
herein. Any such employee who fails to report for work without
good and just cause during said negotiations or who aids~ abets or
encourages strikes, or other such economic activity against the
City of Gilroy during such time shall be subject to disciplinary
action, including, but not limited to termination from the City of
Gilroy employment, subject to the provisions of this Charter, the
City's Personnel Rules and Regulations and lawful procedures.
Section 3. Ob1i ation to Ne otiate in Good Faith. The City,
through its duly aut or~ze representat~ves, s a negotiate in
good faith with the recognized fire and police department employee
organizations on all matters relating to the wages, hours, and
other terms and conditions of the City employment, including the
establishment of procedures for the resolution of grievances sub-
mitted by either employee organization over the interpretation or
application of any negotiated agreement including a provision for
binding arbitration of those grievances. Unless and until agree-
ment is reached through negotiations between the City and the recog-
nized employee organization for the fire or police department or a
determination is made through the arbitration procedure hereinafter
provided, no existing benefit or condition of employment for the
members of the fire department or police department bargaining unit
shall be eliminated or changed.
Section 4. Impasse Resolution Procedure. All disputes or contro-
versies pertaining to wages, hours, or terms and conditions of em-
ployment which remain unresolved after good faith negotiations be-
tween the City and either the fire or police department employee
organization shall be submitted to a three-member Board of Arbi-
trators upon the declaration of an impasse by the city or by the
recognized employee organization involved in the dispute.
Representatives designated by the City and representatives of
the recognized employee organization involved in the dispute, con-
troversy or grievance shall each select one arbitrator to the
Board of Arbitrators within three (3) days after either party has
notified the other~ in writing, that it desires to proceed to arbi-
tration. The third member of the Arbitration Board shall be selec-
ted by agreement between the two arbitrators selected by the City
and the employee organization, and shall serve as the neutral arbi-
trator and Chairman of the Board. In the event that the arbitrators
RESOLUTION NO, 88-45
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selected by the City and the employee organization cannot agree
upon the selection of the third arbitrator within ten (10) days
from the date that either party has notified the other that it
has declared an impasse, then either party may request the State
of California Conciliation Service 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 organi~
zation cannot agree within three (3) days after receipt of such
list on one of seven(7) to act as the third arbitrator, they shall
alternately strike names from the list of nominees until only one
name remains and that person shall then become the third arbitrator
and chairman of the Arbitration Board.
Any arbitration convened pursuant to this article shall be con-
ducted in conformance with, subject to, and governed by Title 9 of
Part 3 of the California Code of Civil Procedure.
At the conclusion of the arbitration hearings, the Arbitration
Board shall direct each of the parties to submit, within such time
as the Board may establish, a last offer of settlement on each of
the issues in dispute. The Arbitration Board shall decide each
issue by majority vote by selecting whichever last offer of settle-
ment on that issue it finds most nearly conforms with those factors
traditionally taken into consideration in the determination of wages,
hours, and other terms and conditions of public and private employ-
ment, including, but not limited to, changes in the average con-
sumer price index for goods and services, the wages, hours, and
other terms and conditions of employment of other employees perform-
ing similar services, and the financial condition of the City and
its ability to meet the cost of the award.
After reaching a decision, the Arbitration Board shall mail or
otherwise deliver a true copy of its decision to the parties. The
decision of the Arbitration Board shall not be publicly disclosed
and shall not be binding until ten (10) days after it is delivered
to the parties. During that ten day period the parties may meet
privately, attempt to resolve their differences, and by mutual
agreement amend or modify any of the decisions of the Arbitration
Board. At the conclusion of the ten day period, which may be ex-
tended by mutual agreement between the parties, the decision of the
Arbitration Board together with any amendments or modifications
agreed to by the parties shall be publicly disclosed and shall be
binding upon the parties. The City and the recognized employee
organization shall take whatever action is necessary to carry out and
effectuate the award.
The expense of any arbitration convened pursuant to this article,
including the fee for the services of the Chairman of the Arbitra-
tion Board, shall be borne equally by the parties. All other ex-
penses which the parties may incur individually are to be borne
by the party incurring such expenses.
3. That the ballot proposal shall be submitted as follows:
Shall Section 1004 of the Charter of the
City of Gilroy be amended so as to prohibit
strikes by police officers and firefighters,
and to require that wages, hours and other
terms and conditions of their employment be
subject to binding arbitration?
RESOLUTION NO, 88-45
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4. That the City Clerk be, and she is hereby directed to
cause said proposed Charter Amendment to be published once not
less than forty (40) and not more than sixty (60) days prior to
the date of the General Election in The Gilroy Evening Dispatch,
and in each edition thereof during the day of publication, said
newspaper being a newspaper of general circulation printed and
published in said City of Gilroy,
PASSED AND ADOPTED: this 18th day of July, 1988, by the
following vote:
AYES:
NOES:
ABSENT:
COUNcILMEMBERS:
COUNCILMEMBERS;
COUNCILMEMBERS
GAG~m HALE, KLOECKER~ llliSSALLEM,
PALrmRLEE, VALDEZ ana HUGHAN
NONE
NONE
APPROVED;
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Mayor
ATTEST:
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RESOLUTION NO. 88-45
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 88-45
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
18th
day of
July
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at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 22nd day of July
19 88.
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(Seal)