Resolution 1988-46
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RESOLUTION NO. 88-46
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY REQUESTING THE BOARD OF SUPERVISORS OF
SANTA CLARA COUNTY TO PROVIDE FOR THE CONSOLIDATION
OF A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION
WITH THE STATE OF CALIFORNIA GENERAL ELECTION TO
BE HELD NOVEMBER 8, 1988.
WHEREAS) the City Council of the City of Gilroy
(hereinafter called the ltCitylt) in Santa Clara County
(hereinafter called the t1Countyfl), State of California, has
heretofore duly passed a resolution calling a special municipal
election in the City to be held on Tuesday, November 8, 1988,
at which will be submitted to the qualified electors of the
City a measure for amending Section 1004 of the Charter of
the City as follows:
PROPOSED AMENDMENT TO SECTION 1004
OF THE CHARTER OF THE CITY OF GILROY
ADDING NEW SECTTON~ WHICH2.HALL P~OVIDE 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.
Sec tion 2. Prohi'l):ition A9ainst Strikes. No City of
Gilroy police officer or tiref1ghter employee, employee union,
association or organization shall strike or engage in such concerted
economic activity against the City of Gilroy. Disputes unresolved
by negotiations 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. Obligation to Negotiate in Good Faith. The
City, through its duly authorized representatives, shall 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 submitted by either employee organization Over
the interpretation or application of any negotiated agreement
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including a proV1S10n for binding arbitration of those grievances.
Unless and until agreement is reached through negotiations
between the City and the recognized 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 controversies pertaining to wages, hours, or terms and
conditions of employment which remain unresolved after good
faith negotiations between the City and either the fire or
police department employee organization shall be submitted to
a three-member Board of Arbitrators 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,
controversy 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 arbitration. The third member of the Arbitration
Board shall be selected by agreement between the two arbitrators
selected by the City and the employee organization, and shall
serve as the neutral arbitrator and Chairman of the Board. In
the event that the arbitrators 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 organization 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 conducted 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 settlement on that issue it finds most
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nearly conforms with those factors traditionally taken into
consideration in the determination of wages, hours, and other
terms and conditions of public and private employment, including,
but not limited to, changes in the average consumer price
index for goods and services, the wages, hours, and other terms
and conditions of employment of other employees performing
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 extended by mutual agree-
ment 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 Arbitration Board, shall be borne equally by the
parties. All other expenses which the parties may incur in-
dividually are to be borne by the party incurring such expenses.
WHEREAS, a State of California General Election
will be held on Tuesday, November 8, 1988, and it is the desire
of the Council that said special municipal election be consolidated
with said general election;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Gilroy, as follows:
Section 1. Said special municipal election is
hereby called to be held in said City and the same shall be
consolidated with the State of California General Election
RESOLUTION NO. 88-46
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to be held on Tuesday, November 8, 1988, at which election
shall be submitted to the qualified electors of the City
the following measure, to wit:
CITY OF GILROY CHARTER AMENDMENT
MEASURE ( ): Shall Section 1004
of the Charter of
the City of Gilroy YES
be amended so as to
prohibit strikes by police officers and
firefighters, and to require that wages,
hours, and other terms and conditions of NO
their employment be subject to binding
arbitration?
Section 2. The Board of Supervisors of the
County is hereby requested to order the consolidation of said
special municipal election with said general election to be
held on Tuesday, November 8, 1988, insofar as the City is
concerned, and to further provide that within the territory
affected by said order of consolidation, to wit, the City,
the election precincts, polling places and voting booths shall
in every case be the same, and there shall be only one set of
election officers in each of said precincts. Said measure
for amending Section 1004 of the Charter of the City hereinabove
set forth shall be set forth in each form of ballot to be used
at said election insofar as the same is held within the City.
Said Board of Supervisors of the County is further requested
to order the Registrar of Voters of the County (i) to set forth
on all sample ballots relating to said consolidated elections,
to be mailed to the qualified electors of the City, said
measure hereinabove set forth, and to mail with said sample
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ballots to said electors printed copies of the proposed
amendment and arguments (if any) for and against said measure.
and (ii) to provide absent voter ballots for said primary
election and said special municipal election, consolidated
therewith for use by qualified electors of the City who
are entitled thereto, in the manner provided by law.
Section 3. Said Board of Supervisors of the County
is hereby further authorized to canvass, or cause to be
canvassed, as provided by law, the returns of said special
municipal election with respect to the votes cast on said
measure and to certify such canvass of the votes cast for and
against said measure to the Council.
Section 4. The City Clerk is hereby authorized
and directed to certify to the due adoption of this resolution
and to transmit a copy hereof so certified to the Board of
Supervisors of the County and to file a copy hereof so certified
with the County Clerk of the County.
PASSED AND ADOPTED this 18th day of July, 1988,
by the following vote:
AYES;
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
NOES:
ABSENT;
COUNCILMEMBERS:
COUNCILME1'1BERS:
NONE
NONE
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RESOLUTION NO. 88~46
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 88-46
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
]8th
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
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(Seal)