Loading...
Resolution 1988-46 " -:J . . 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 RESOLUTION NO. 88-46 -1- . . 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 RESOLUTION NO. 88-46 -2- . . 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 ..3- . J ~ ~ . . 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 RESOLUTION NO. 88-46 -4- ., , . . . 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 ~ ~ 'IItm<<L #:- f/;t;::~ RESOLUTION NO. 88~46 -5- ." , . .~ . . 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 , ]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 ]9 88. (Seal)