HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/20/2005 - RESOLUTION 2005-106 APPROVING A COLLECTIVE BARGAIN ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: September 20, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Rick DeLaCastro
SUBJECT
Resolution 2005-106 Approving a Collective Bargaining Agreement with the Fraternal Order of
Police and Authorizing the Resolution of Pending Litigation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
The estimated total cost of the agreement for calendar years 2006 and 2007 is approximately $2.1
million.
EXECUTIVE SUMMARY
Passage of Citizen-initiated Ordinance No. 001, 2004 by City voters modified the City Code to
provide for collective bargaining between the City and members of the Police Services bargaining
unit. While significant portions of the City Code establishing collective bargaining are in dispute,
the City and the Fraternal Order of Police Lodge#3 ("FOP") have agreed to enter into a voluntary
collective bargaining agreement. This Resolution ratifies the terms and conditions of the voluntary
agreement,which takes effect January 1,2006 and terminates December 31,2007. This Resolution
also approves an agreement with the FOP to settle the pending law suit by stipulating to a judgment
which would invalidate the mandatory arbitration and anti-benefit reduction provisions of the
Ordinance.
BACKGROUND
City Council submitted Citizen-initiated Ordinance No.001,2004 Relating to Collective Bargaining
for Police Employees to the electorate on August 10,2004,at which time voters approved the ballot
measure. In accordance with the Ordinance,the FOP was chosen by members of the bargaining unit
to serve as their bargaining agent.
The City and the FOP bargained in good faith for 58 days, at which time the FOP declared an
impasse and sought to submit the remaining issues to binding arbitration. The City filed a law suit
September 20, 2005 -2- Item No. 23
in Larimer County District Court seeking to invalidate portions of the Ordinance that the City
believed to be in conflict with the City Charter and the state constitution. During the pendency of
the law suit, the City and the FOP continued to voluntarily negotiate and were able to arrive at
tentative agreements for a collective bargaining agreement and resolution of the pending law suit.
The proposed collective bargaining agreement is on file with the City Clerk. A summary of the
terms of that agreement is attached to the Resolution as Exhibit "A". The terms of the proposed
agreement are consistent with the City Charter and state constitution. Under the proposed agreement
to resolve the law suit, the parties would ask the Court to invalidate the mandatory arbitration and
anti-benefit reduction provisions of the Ordinance, leaving the other provisions of the collective
bargaining ordinance in effect.
Adoption of this Resolution would approve and authorize the City Manager to execute the voluntary
collective bargaining agreement on behalf of the City, setting the terms and conditions of
employment of the Police Services bargaining unit, for calendar years 2006 and 2007. Further,
adoption of this Resolution would authorize the City Manager to execute a separate agreement
between the City and the FOP to resolve the pending law suit,and would further authorize the City
Attorney to file the necessary documents with the Court to carry out that agreement.
RESOLUTION 2005-106
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A COLLECTIVE BARGAINING AGREEMENT
WITH THE FRATERNAL ORDER OF POLICE AND AUTHORIZING
THE RESOLUTION OF PENDING LITIGATION
WHEREAS,on August 10,2004,the electors of the City approved at a special City election
an ordinance that contains a comprehensive scheme for collective bargaining between the City and
certain employees of its Police Services (the "Ordinance"); and
WHEREAS, the Ordinance amended the City Code by adding a new Division 7 to Article
VII Chapter 2 of the Code entitled "Public Safety Administration Cooperative Agreement"; and
WHEREAS,pursuant to the provisions of the Ordinance,the Northern Colorado Lodge#3,
Colorado Fraternal Order of Police ("FOP") was selected as the designated bargaining agent for
those employees of Police Services who are members of the bargaining unit; and
WHEREAS, the City has recently filed a civil action in the District Court for the Eighth
Judicial District of Colorado (the "Civil Action") challenging the validity and constitutionality of
certain portions of the Ordinance; and
WHEREAS, notwithstanding the City's challenge to the Ordinance, the City and the FOP
have engaged in continuing,voluntary negotiations regarding the terms and conditions of a possible
collective bargaining agreement; and
WHEREAS,City staff and the FOP have tentatively reached an agreement which addresses
not only the terms and conditions of employment of the members of the bargaining unit but also
provides for a proposed settlement of the Civil Action; and
WHEREAS,the City Manager has recommended Council approval of such agreement; and
WHEREAS, the Council, having considered the terms and conditions of the agreement,
believes that it would be in the best interests of the City to approve the same.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby approves the terms and conditions of that certain
collective bargaining agreement, a copy of which is on file in the office of the City Clerk and a
summary of which is attached hereto and incorporated herein by this reference as Exhibit"A", and
authorizes the City Manager to execute the collective bargaining agreement on behalf of the City.
Section 2. That the Council hereby directs the City Attorney to forthwith file a Stipulated
Motion for Entry of Judgment and proposed Order in substantially the form attached hereto as
Exhibit "B" and incorporated herein by this reference, with such changes, if any, as the City
Attorney may determine to be necessary and appropriate to protect the interests of the City.
Section 3. That the City Manger is hereby authorized to enter into a written agreement
with the FOP regarding the future effect to be given to the Ordinance by the parties, which
agreement shall be consistent with the intent,purposes and provisions of the Stipulated Motion for
Entry of Judgment and proposed Order shown on Exhibit`B."
Passed and adopted at a regular meeting of the City Council held this 20th day of September,
A.D. 2005.
Mayor
ATTEST:
City Clerk
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EXHIBIT "B"
Larimer County, Colorado District Court
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
Phone No.: (970) 498-6100
Plaintiffs:
THE CITY OF FORT COLLINS, COLORADO, a Colorado
Municipal Corporation; the COUNCIL OF THE CITY OF COURT USE ONLY
FORT COLLINS, COLORADO, and DARIN ATTEBERRY, as
City Manager of the City of Fort Collins
V.
Defendant:
NORTHERN COLORADO LODGE #3, COLORADO
FRATERNAL ORDER OF POLICE, a Colorado non-profit
Corporation.
Stephen J. Roy, City Attorney, A.R. #0893
Gregory W. Tempel, Sr. Assistant City Attorney, A.R. #11066
Fort Collins City Attorney's Office Case Number: 05 CV 1146
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
Phone: (970) 221- 6520
Fax: (970) 221-6327 Division 5C Courtroom
E-mail: sroy@fcgov.com
Stempel@fcgov.com
and
Martin Semple, Special Legal Counsel, A.R. #7642
Semple, Miller, Mooney & Farrington PC
1120 Lincoln Street, Suite 1308
Denver, CO 80203
Phone: (303) 595-0941
Fax: (303) 861-9608
E-mail: msemple@smmpc.com
STIPULATED MOTION FOR ENTRY OF FINAL JUDGMENT
COME NOW the parties hereto, by and through their attorneys of record, having resolved their
differences and having agreed to the terms and conditions of a settlement in this matter, hereby move
this Honorable Court for an Order entering judgment in the above-entitled case in substantially the form
attached hereto.
For the Plaintiffs:
Stephen J. Roy, # 893
Date:
For the Defendants:
David R. Osborne, #32319
Hamilton & Faatz, PC
1600 Broadway, Ste 500
Denver, CO80202-4905
(303)830-0500
Date:
Steve A.J. Bukaty
Chartered Attorney
8826 Santa Fe Drive, Ste. 218
Overland Park, KS 66212
(913)341-1040
Date:
Larimer County, Colorado District Court
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
Phone No.: (970) 498-6100
Plaintiffs:
THE CITY OF FORT COLLINS, COLORADO, a Colorado
Municipal Corporation;the COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO, and DARIN ATTEBERRY, as City
Manager of the City of Fort Collins
V.
Defendant:
COURT USE ONLY
NORTHERN COLORADO LODGE #3, COLORADO
FRATERNAL ORDER OF POLICE, a Colorado non-profit
Corporation.
Stephen J. Roy, City Attorney, A.R. #0893
Gregory W. Tempel, Sr. Assistant City Attorney, A.R. #11066 Case No.: 05 CV 1146
Fort Collins City Attorney's Office
300 LaPorte Avenue
P.O. Box 580 Division 5C Courtroom
Fort Collins, CO 80522-0580
Phone: (970) 221- 6520
Fax: (970) 221-6327
E-mail: sroy@fc�zov.com
tg empel@fc ov.com
and
Martin Semple, Special Legal Counsel, A.R. #7642
Semple, Miller, Mooney& Farrington PC
1120 Lincoln Street, Suite 1308
Denver, CO 80203
Phone: (303) 595-0941
Fax: (303) 861-9608
E-mail: msemple@smm cp com
ORDER
THE COURT, having been duly advised in the premises and upon the stipulated motion of
the parties hereto, hereby makes the following Findings of Fact and Conclusions of Law,and hereby
orders that final judgment shall enter in this case, pursuant to C.R.C.P. 58.
I. FINDINGS
1. That the Court has jurisdiction over the parties hereto and the subject matter of this
action and that venue properly lies in Larimer County, Colorado.
2. That on August 10,2004,the registered electors of the City of Fort Collins,Colorado,
at a special municipal election held in Larimer County, Colorado, approved citizen-initiated
ordinance No. 001-2004 (the "Ordinance").
3. That the Ordinance amended the Code of the City of Fort Collins("Code")by adding
a new Division 7 to Article VII,Chapter 2 thereof,entitled Public Safety-Administrative Cooperative
Agreement.
4. That the Ordinance contains a comprehensive scheme for collective bargaining
between the City and certain employees of its Police Services.
5. That Section 2-621 of the Ordinance requires the Plaintiff Fort Collins City Manager
(the"City Manager")and the Plaintiff Fort Collins City Council("Council')to meet and bargain in
good faith with the representatives of the bargaining agent.
6. That the Defendant Northern Colorado Lodge#3,Colorado Fraternal Order of Police,
a Colorado non-profit corporation (the "FOP"), is the sole and exclusive bargaining agent and
representative of all the police employees as elected pursuant to Section 2-620 of the Ordinance.
7. That the Defendant FOP is the proper party to represent the interests of those persons
who assert that the Ordinance is valid and constitutional.
8. That Section 2-623 of the Ordinance states that,in the event that the bargaining agent
and the Corporate Authorities are unable, within sixty(60)days from and including the date of their
first meeting, to reach an agreement on a contract, final offers on any and all unresolved issues
concerning mandatory subjects of bargaining shall be submitted to binding arbitration.
9. That Section 2-624 of the Ordinance establishes a procedure by which the Council
is to create a permanent panel of at least five arbitrators and by which a single arbitrator is to be
selected from such panel.
10. That Section 2-628 of the Ordinance states that,except as otherwise provided therein,
the decision of the arbitrator shall be final and binding upon the bargaining agent and the Corporate
Authorities as to the issues submitted to arbitration and shall be subject to judicial review only on
the grounds that:
(a) the award was procured by corruption, fraud or other similar wrongdoings; or
Page 2 of 6
(b) the decision on any issue was arbitrary and capricious, to-wit, there was no
competent evidence in the record to support the decision; or
(c) the decision on any issue was reached without considering the factors specified in
Section 2-626 of the Ordinance; or
(d) the award of the arbitrator on an issue was not the final offer of the corporate
authorities or the final offer of the bargaining agent.
It. That Section 2-630(b) of the Ordinance states that, whenever there is a conflict
between the terms of the collective bargaining agreement and a rule, executive order, procedure,
policy or any ordinance or any other Charter section of the City which is applicable only to
employees of the City, the provisions of the agreement shall prevail.
12. That Section 2-632 of the Ordinance states that the compensation,fringe benefits,and
other terms and conditions of employment granted to Police employees by policy, ordinance or
charter as of the date of adoption of this Division, and all sections thereof, shall not be reduced
except by voluntary agreement between the Corporate Authorities and the bargaining agent.
13. That pursuant to Article XX, Sec. 6 of the Colorado Constitution, the citizens of the
City have adopted a home rule charter(the "Charter"), which is its organic law and which extends
to all its local and municipal matters.
14. That the charter of a home rule city is effectively its constitution and its ordinances
may not conflict with its charter. Olson v. Hillside Community Church SBC, 2005 WL 1303263
(Colo.App. 2005); Flanders et. al. v. Pueblo, et al., 160 P.2d 980 (Colo. 1945); Glenwood Post v.
City of Glenwood Springs, 731 P.2d 761, 762 (Colo. App. 2005).
15. That the Charter supercedes all laws,ordinances,rules or regulations of the City that
are inconsistent with its provisions. McQuillen on Mun. Corp. §9.03, and§15.17
16. That Article II, Sec. 5 of the Charter states in relevant part as follows:
"All powers of the city and the determination of all matters of policy shall be
vested in the Council except as otherwise provided by this Charter. Without
limitation, of the foregoing, the Council shall have power to:
(c) adopt the budget of the city;"
17. That Article V, Sec. 4 of the Charter states as follows:
"After said public hearing and before the last day of November preceding the
budget term, the Council shall adopt the budget for the ensuing term. The adoption
Page 3 of 6
of the budget shall be by ordinance. Before the last day of November of each fiscal
year, the Council shall appropriate such sums of money as it deems necessary to
defray all expenditures of the city during the ensuing fiscal year. The appropriation
of funds shall be accomplished by passage of the annual appropriation ordinance.
Such appropriation of funds shall be based upon the budget as approved by the
Council but need not be itemized further than by fund with the exception of capital
projects and federal or state grants which shall be summarized by individual project
or grant." (Emphasis added.)
18. That Article V, Section 8 (b) of the Charter states in relevant part as follows:
"It shall be unlawful for any service area, officer or agent of the City to incur
or contract any expense or liability or make any expenditure for or on behalf of the
city unless an appropriation therefor shall have been made by the Council."
19. That Article III, Section 2 of the Charter states in relevant part as follows:
"The City Manager shall be responsible to the Council for the proper
administration of all affairs of the city and to that end shall have power and be
required to:
(a) appoint and, when necessary for the good of the service, remove all
heads of service areas and employees of the city except as otherwise
provided by the Charter"
20. That,contrary to the foregoing provisions of the Charter,the Ordinance prohibits the
Council and City Manager from lowering the compensation and fringe benefits of members of the
bargaining unit without their agreement and delegates to an arbitrator the authority to fix employee's
compensation and to set the terms and conditions of their employment. In addition, the Ordinance
purports to give all provisions of a collective bargaining agreement precedence over any conflicting
provision of the Charter or Code.
21. That, to the extent that such limitations on the authority of the Council and the City
Manager are legally permissible under Article XX and Article XXI, Sec. 4 of the Colorado
Constitution, they are permissible only if contained in the Charter itself. If,as here,such limitations
are instead contained in an ordinance,they are void,unenforceable and unconstitutional because they
are not established"in accordance with law" as required by Article XXI, Section 4 of the Colorado
Constitution. See,also, Fraternal Order of Police, Colorado Lodge#19 v. City of Commerce City,
996 P.2d 133, at 138 (Colo. 2000).
22. That the Defendant Northern Colorado Lodge#3,Colorado Fraternal Order of Police
(the"FOP"),a Colorado non-profit corporation,is the proper party to represent the interests of those
persons who assert that the Ordinance is valid and constitutional.
Page 4 of 6
23. That the parties hereto are persons whose rights,status or other legal relationships are
affected by the Ordinance and, as such, may have determined questions of construction or validity
arising under the Ordinance and the State Constitution.
24. That the Plaintiffs have clear rights and responsibilities under the Charter, as noted
above, and the Defendants have a clear duty not to interfere with the Plaintiffs' exercise of such
rights and responsibilities.
25. That, absent the issuance of a permanent injunction, the possibility of recurrent
violations of the Charter exists, and the City would suffer irreparable harm from such violations.
26. That no adequate remedy other than declaratory and injunctive relief is available to
the Plaintiffs.
II. CONCLUSIONS OF LAW
The following provisions of the Ordinance are in conflict with the above-referenced
provisions of the City Charter and as such,are superceded by said Charter provisions. Additionally,
because said provisions of the Ordinance have not been adopted in accordance with law, such
provisions constitute an unlawful delegation of authority under Art. V, Sec. 35 and Art. XXI, Sec.
4 of the Colorado Constitution. The invalid and unenforceable provisions of the Ordinance are:
a. Those provisions of the Ordinance that reference binding interest
arbitration or the arbitration process in Code Sections 2-617 through 2-619,and Code
Sections 2-623 through 2-630;
b. Code Section 2-630(b) in its entirety; and
C. Code Section 2-632 in its entirety.
111. JUDGMENT
WHEREFORE,the Court,being duly advised in the premises,hereby enters judgment in this
case as follows:
1. The following sections of the Fort Collins City Code, as shown on Exhibit "A"
attached hereto and incorporated herein by this reference,are hereby invalidated in their entirety and
shall hereafter be null and void and of no effect whatsoever:
a. Code Sections 2-623 through 2-629;
b. Code Section 2-632.
Page 5 of 6
2. Those portions of Code Sections 2-617, 2-618 and 2-630 that are shown on Exhibit
"A" as being stricken are also hereby invalidated and shall be null and void and of no effect
whatsoever.
3. Except as hereinabove stated, all other provisions of the Ordinance shall remain in
full force and effect as shown on Exhibit"A."
4. The FOP and its officers,agents,members,employees,representatives,attorneys and
assigns are hereby permanently enjoined from seeking to enforce or implement any of the provisions
of the Ordinance that are shown on Exhibit "A" as being stricken.
5. The parties hereto shall pay their respective costs and attorneys fees.
DATED this day of 2005.
BY THE COURT:
By:
Honorable Jolene C. Blair
District Court Judge
Page 6 of 6
CITIZEN-INITIATED ORDINANCE NO. 1, 2004
Division 7
PUBLIC SAFETY-ADMINISTRATIVE
COOPERATIVE AGREEMENT
Section 2-617 Statement of policy.
The protection of the public health, safety, and welfare demands that Police employees of the Fort
Collins Police Department not be allowed to strike or engage in any work stoppage, slowdown, or
mass absenteeism. This necessary prohibition does not, however, require the denial to such
employees the right to organize, the right to be represented by an employee organization of their
choice, and the right to bargain collectively. It is hereby declared to be the policy of the City of Fort
Collins to have a system of collective bargaining to establish a productive relationship between the
City and its Police employees and to set compensation and certain other conditions of employment
as specified this Division.
Section 2-618 Definitions.
As used in this Division, the following terms shall, unless the context requires a different
interpretation, have the following meanings:
Police employees shall mean all full time sworn police officers maintaining the rank of Lieutenant
and below of the Police Department of the City of Fort Collins,and Community Service Officers and
Dispatchers of the Police Department equivalent to the rank of Lieutenant or below.
Corporate Authorities shall mean the City Manager and the Council of the City of Fort Collins or
their representatives.
Sole and exclusive bargaining agent or bargaining agent shall mean an employee organization
chosen by the Police employees pursuant to Section 2-620
Final q&J , shall be the wtitten offm made latest iii timelby a patty to tric othet party at least Seven
(�) days ptiot to the start of a binding atbitration hear ing-.
Mandatory subject of bargaining shall mean a subject which shall be discussed during negotiations
if either party wishes to discuss it and may be stibutitted to binding arbitration by either Patty iLl th
Permissive subject of bargaining shall mean a subject which may be discussed during negotiations
only if both parties agree to discuss it and shalt not be subtaitted to binding arbitration urfirss both
EXHIBIT "A" TO ORDER
Prohibited subject of bargaining shall mean a subject which shall not be included in any collective
bargaining agreement arid shall not be mbject to birrdiLIg arbitratiot'.
Fringe benefits shall include,but not be limited to: vacation leave;holidays;sick leave;bereavement
leave;jury duty leave; leave for union activity;other paid or unpaid leave; the method of selecting,
applying for, and voting for leave; payments for injuries, sickness, or death arising from the line of
duty;insurance(levels of contribution and levels of benefit);allowances for uniforms and equipment
and the maintenance of uniforms and equipment;dependent's benefits,retiree benefits,and pension
contribution levels; and any other financial or economic benefits granted to individual Police
employees.
Compensation shall mean wages, salaries, and any other pay to Police employees. By way of
illustration, the term shall include longevity pay, hazardous duty pay, shift differential, acting pay,
call back pay, overtime pay, and payments for unused leave at separation.
Section 2-619 Right to organize and bargain collectively; mandatory, prohibited, and
permissive subjects of bargaining.
(a)Police employees shall have the right to bargain collectively with the City and to be represented
by an employee organization in such negotiations.
(b) The following shall be mandatory subjects of bargaining for Police employees:
(1) Compensation;
(2) Fringe Benefits;
(3) The number of hours in the workweek;
(4)The definition and benefits of"seniority";
(5) Personal safety and health equipment;
(6) A bargaining agent recognition clause;
(7) Procedures relating to labor/management cooperation and communication;
(8) The notice and the time intervals regarding changes of shifts and the emergency
exceptions thereto;
(9) The collective bargaining agreement severability clause;
(10) The duration of the collective bargaining agreement;
EXHIBIT "A"TO ORDER
(l 1) Procedures and notice relating to the layoff and recall of Police employees,but not the
decision of whether to layoff or recall;
(12) Payment of fees as set forth in Section 2-633(D);
(13) A dues check-off and/or fair share clause;
(14) Grievance and grievance binding arbitration procedures for matters included in the
agreement.
(15) The number of shifts and times the shifts begin and end;
(16) Procedures for internal investigations, procedures for just cause discipline; and
procedures for promotions, assignments, rotations and transfers in the department;
(17) The number of hours in a work shift; and
(18) Physical, mental, drug, and/or alcohol testing;
(c)The following shall be prohibited subjects of bargaining:
(1) Any proposal that would conflict with a State or Federal law;
(2) Any proposal that would conflict with the City Charter;
(3) Any proposal over which the City has no authority to act because of State or Federal law;
(4)The standards of service of the Police Department and the City;
(5) The tables of organization of the Police Department;
(6) The budgets of the Police Department;
(7) Civilianization; and
(8)Training.
(d) The following shall be permissive subjects for bargaining.
(t) Off-duty employment;
(2) Safety and health matters except as provided in 2-619(b) (5);
EXHIBIT "A" TO ORDER
(3) All other terms and conditions of employment not listed in (b) and c) above;
(4) Staffing of the Police Department; and
(5) Facilities of the Police Department.
Section 2.620 Selection and recognition of bargaining agent.
(a) The sole and exclusive bargaining agent for the purpose of bargaining shall be the sole and
exclusive representative of all of the Police employees,if the majority of the Police employees voting
in an election vote for such bargaining agent.
(b) Questions concerning the selection or removal of a bargaining agent may be raised by petition
of any Police employee, group of Police employees, or employee organization representing or
wishing to represent Police employees but only if such petition is signed by at least fifty(50) percent
of the Police employees. Such a petition may be submitted at any time to the American Arbitration
Association(or its successor organization)provided that in the event there is a bargaining agent then
certified or recognized by the City, no petition may be filed within twelve (12) months of the
bargaining agent's certification by the American Arbitration Association; and provided further that
no petition may be filed during the term of an existing agreement, except during the period from
January 1 to January 31 of the final year of such agreement.
(c) When a petition is filed concerning the selection or removal of a bargaining agent,the American
Arbitration Association(or its successor organization)shall promptly send the petition to the Police
Department for determination of whether it contains the requisite number of signatures. The Police
Department shall promptly make that determination and notify the American Arbitration Association
(or its successor organization)of its conclusion.If the petition has the requisite number of signatures,
the American Arbitration Association (or its successor organization) shall determine the question
of selection or removal of any bargaining agent by taking a secret ballot of Police employees and
certifying in writing the results thereof to the Corporate Authorities and the person, persons, and
employee organizations involved. The secret ballot election shall be conducted not less than fifteen
(15)days or more than thirty(30)days from the date of filing the petition.The American Arbitration
Association (or its successor organization) shall certify the results of the above-described election
within three(3)days of the close of the polls.The cost of running the election shall be borne equally
by each organization on the ballot.
(d)The employee organization selected by the majorityof the Police Employees voting in an election
conducted pursuant to subsection(c)above shall be recognized by the Corporate Authorities as the
sole and exclusive bargaining agent for all Police employees unless and until the American
Arbitration Association or its successor certifies a different organization.
(e) The election procedure shall follow the rules established by the American Arbitration
Association.
EXHIBIT "A" TO ORDER
Section 2-621 Obligation to bargain in good faith.
(a) It shall be the obligation of the Corporate Authorities to meet and bargain in good faith with the
representatives of the bargaining agent at all reasonable times and places. This obligation shall
include the duty to cause any agreements to be reduced to a written contract and executed in a timely
manner. Any such contract shall be for a term of not less than one (1) year or more than three (3)
years. All collective bargaining agreements shall be effective on a January l date and shall terminate
on a December 31 date.
(b) It shall be the obligation of the bargaining agent to meet and bargain collectively in good faith
with the Corporate Authorities at all reasonable times and places. This obligation shall include the
duty to cause any agreements to be reduced to a written contract and executed in a timely manner.
Section 2-622 Facilitation assistance.
It is recognized that from time to time,the bargaining teams of the parties may find it difficult readily
to achieve agreement. Whenever it is deemed appropriate or beneficial to do so, the parties may
engage the services of one (1) or more experts, consultants, facilitators or mediators as they may
jointly agree may benefit the process of reaching agreement on one (1) or more items. It is
specifically contemplated that the parties might engage individuals who have demonstrated
knowledge or expertise in a given topic under discussion or skills and abilities in dispute resolution
to serve as a facilitator, mediator or other assistant to promote the parties reaching a voluntary
resolution. Fees and expenses of such individuals wilt be shared equally by the parties, unless
otherwise agreed.
Section 2-623 Unresolved issues submitted to binding at bittation.
11L thC CMIt that the bargaining agCLIt andthe eorCnate Anthotities ate unable, within sixty (6ft)
days frOM and including the date of theit firSt MCCting, tO MaCh an agrectimit ot, a contract,
mb,nitted to bindiLig arbitration and fiand offers 01. any pelfttiSSive Subjects of bargaining UMY-l�
subatitted to binding arbitration if both patties agree to stibinit thCH1. The obligation of the patties
to bargain iLt good faith Shall Mlthltle after subMiSSi011 Of tnIMS01yed issties to binding atbittai
atbitratoi. Any agilernents reached %vithin fifteen(t5)days following receipt of the decision of
decision of the ai bitrator, then the a,bitrator shall make no derisiM, On site!-
EXHIBIT "A" TO ORDER
(a) Witifin foLty-Five (45) after the adoptio, OF tins OLdittaftCC, tile eity Shall, ill SORIC LeaMlabl
MaLUICL, SV!iCit appliCati0n- front Petsom wim desire to be ot, a PCInTaLLCIAt panel of arbitrators to
(b)fit Vider to be eligible to beot,tile PelItAftILCILt panel of arbitrators,apCISOLL inustbe impartial
arbitrator it,laborltnaLiagettientdisputes.Thesedisputes shall beat,
labor and inalLageMent, disputes over the Inealtittg OL application of contracts between labot
piestruiptively qualified.
(c) Tive eity eouncit shall create a pennaLICLIt panel of at least five (5) arbitrators ftoin those
qualified PCISOUS Who apply. I jal�.IlCttt Oil tile P�Irnanettt panel shall be appLoved by tea
resolution of titc eity eouncii. Any qualified person C.LL be added to the PCL,uatteirt jJaLtel at-a"
tilLIC. Persons On tile panel Shall MolaiLl Oil tile panel lot a tetin of four (4) years, and rnwy be
leapp0hrted, provided that the LILeMbers of the initial Panel Shall be appointed to terms of va
lengths notto exceed six(6) years. Any jllia�LlOrt tile pellitaLLCLIt pattel may be LeInOved by passage
ConCeit'hig a PaLtilula, dispute pursuant to subsection (e) of this section, and thULI that petson Carl
only be [CnMed after issuing a decisiOLI irt that dispute.-
(d) Each person placed OR tile PCHLIanCot Panel shall --it oa-thl
Division.
(e) Within three(31 days of the exp.ration of tit,nxty (6011-day t1ine P-CLIV-d re-felL�kf LU 'tit S�16�Li
ele,k and the eity elerk shall submit a list Wittl tile HaIJACS Of all Inernbeis 0, thic permanent paILCIL
to the baLgainitig agent andtim eOLPOlatC 2krjtjj0jjtjeS Within ftve (5) days. WithiLl tell(iO) da
receipt of this list, the bargaining agent and tile eotpOtatC AUHIOLitiCS Shall Meet and altetnativeiy
strike one (1) natric fT0LtI tile list Until One (i) rJaInC tetnailIS (if tile Panet has at, Odd [ItInIbel
jr-InalkiS, t!Mt PeLS01i shall be the arbitiato, lot that dispute. if two(2) names rentain, the?Yfayot
SeICCt one Of thOSI tWO nattics to be the arbittato, for that dispute. The Mayor's selection LIMSt tak
PiaCC WithiLl five (5) days of the cornpletiOU of the striking process by the bargaining agent and
Authorities strikms first shall be done by flip Of a MhL.
(f) NOthitLg herein Shall be C0nStrUCd t() PICVent the bargaining agent ancittic eorporate Author.Ities
EXHIBIT -`A" TO ORDER
EXHIBIT "A" TO ORDER
(6) Any claims of failute of a patty to baLgain in good ffiith paisttant to Section 2-6-21, and
iSSttC Ut, Mkidt dMIC WaS LlOt agiCCILIC[It. Till aWaLd of ttm arbitrator on each issue 0mil be the fiLlal
offer of arr eo.POLate Atlfl.MitiCS 01 tile fillal OffCL of the baigaitting agttlt.ThC atbittato, shall state
Section 2-628 Finality of the a.bit,atot's decision;
(b) The arbitrator's decision shail be subje& to court reviem OLtly PtliStIaLlt to tile tellits of this
section. Any patty desiring cottit in im tamt fiie sait in f)ist.ict ecu.t no tater tim.thirty (30)dwys
afteL the date of the arbitrator's decision. Failure to ffle mit within this time ftatne shall waiv.
right to appeal the decision. A party may appeal to the E)ist,ict eottrt o.iiy on thC f0lbMillg gl'OttiLds.
evidence in the record to suppoit the dmisiort, or
2.626 hetcof, or
or the final offer of the bargaining agent
shali be rettianded back to a diffeterit arbitrator selected utttstlailt to tile tetills of-2-624 heteof.
ifthe cottitdeteritILLMS that the arbitrator's decision 011 aLly issue is arbitLary alid cap,iciotts,the ccmrt
EXHIBIT "A" TO ORDER
shall renrand that issue to the aibittator witil iJJStrt1Cti0nS tO Mtduct a item hearing on ia..,
either the bargaining agent or the emparate Authorities so desims and, VVIL.�Ut vvithotft a item
hearing, to issue a new decision Oit that issuc which is based ott SOL= COMP&Ctrt evidence it
the fitctors listed in Section 2.62-6 the cotrit shall Lettiand that issue to the
arbitrato, %kith iLLStLt1Cti0t1S to conduCt a !ICVV hearing Oil that issue if eithet the bargaining agent OL
the emporate Authorities so desires and, with ot without a new heating, to issue a decision mitich
Misideis the fitctors listed in Section 2.626 hereof as the atbitrato, decuis Proper. If tile cottl
dCtetLLri11CS that thC arbitiator's decision did not accept the fittal offer of cithm the eomont
Authorities ot the bargaining agentonart issue, thCCOUItShall rearand the issue to th�al I - -,- - - .-
ilkstitIctions to accept the final offer of eithe, tbe eurporate Authorities or the bargailliLig agCL&
Fifty (50)percentofthe Liecessaty fees and necessaiyexpenses of arbitration(excluding all fC-CS Mid
expenses inetit ied by eithet patty in t! 'Sentation of its case)shall be bOrne by
Section 2-630 Collective bargaining agreement; what constitutes.
(a)The collective bargaining agreement between the City and the bargaining agent shall consist of
any and all terms actually agreed to by the parties or zmarded by the arbitrator. At the request of
either the bargaining agent or the Corporate Authorities, the agreement shall contain a grievance
procedure which culminates in final and binding arbitration by a neutral arbitrator. The grievance
procedure may be established by voluntary agreement or by tire arbitrator.
(b) Whenever there is a conflict between the terms of the agreement and a rule, executive order,
procedure,policy,or airy otdinarice or anyothet ehartri section of the City which is applicable only
to employees of the City, the provisions of the agreement shall prevail.
Section 2-631 Request for bargaining.
(a) In order to begin the bargaining process, it is the obligation of the bargaining agent to serve
written notice of request for bargaining on the Corporate Authorities no later than May I of the year
before the contract period which will be the subject of the bargaining process with bargaining to
commence no later than May 15th.
(b) All time limits for action contained in this Division, other than the times for requesting and
commencing bargaining set forth in this section, may be waived by mutual consent of the parties.
EXHIBIT "A" TO ORDER
employees by Policy,ordirtaticeor aimtet as of the date Of ad'optionof thi's Div is ion,andallsectiom
Section 2-633 Prohibition.
(a) Neither the bargaining agent nor the Police employees, nor any person acting in concert with
them, will cause, sanction, or take part in any withholding of services to the City by means of a
strike, walkout, sit down, slowdown, stoppage of work, abnormal absenteeism, or other method.
Therefore, all such actions are expressly prohibited.
(b)Violation of any provision of Subsection(a)of this Section by the bargaining agent of the Police
Officers shall be cause for the City to terminate a collective bargaining agreement with the
bargaining agent upon giving written notice to that effect to the chief representative of the bargaining
agent, in addition to whatever other remedies may be available to the City at law or in equity.
(c) Violation of any provision of Subsection (a) of this Section by any Police Officer shall be just
cause for discipline of the Police Officer, in addition to whatever other remedies may be available
to the City at law or in equity. All provisions of Section 2-629 shall apply to any disciplinary action
under this Subsection.
(d)No Police Officer or person seeking to become a Police Employee shall be appointed,promoted,
reduced,removed or in any way discriminated against because of affiliations or non-affiliations with
an employee organization; provided that it shall be allowable and it shall not be in violation of this
Section for an agreement between the bargaining agent and the Corporate Authorities to require as
a condition of employment the payment by Police employees to the bargaining agent of an amount
not to exceed the normal dues and assessments required of members of the bargaining agent so long
as the City is adequately indemnified and held harmless as part of the agreement.
Section 2.634 Severability.
If any clause, sentence, paragraph, or part of this Division, or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid,
suchjudgment shall not affect, impair or invalidate the remainder of this Division or its application.
EXHIBIT "A" TO ORDER