Loading...
Resolution 1988-45 . . - ~ -" 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 . . 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 2 . . 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 3 ,.. . ' . . 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; I/. Mayor ATTEST: ~. RESOLUTION NO. 88-45 4 .. .,l~ \ III: . . ~ r' . 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 , ]9~, 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. 42fierk .of (Seal)