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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/28/2006 - URGING THE REGISTERED ELECTORS OF THE CITY NOT TO ITEM NUMBER: 3 AGENDA ITEM SUMMARY DATE: February 28, 2006 FORT COLLINS CITY COUNCIL STAFF: Rick DeLaCastro SUBJECT Resolution 2006-027 Urging the Registered Electors of the City Not to Support The Calling of a Special City Election to Amend the City Charter So as to Require Binding Interest Arbitration as Part of the Collective Bargaining Process with Police Employees. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Fraternal Order of Police is seeking a special City election for the purpose of considering an amendment to the City Charter that would require binding interest arbitration as part of the collective bargaining process with Police Services employees. This Resolution declares that it is not in the City's best interests to incur the expense of a special City election for this purpose, and that binding interest arbitration would be expensive, unnecessary and inadvisable. BACKGROUND A citizen-initiated ordinance was approved by registered electors in August 2004 which provided for a system of collective bargaining for Police Services employees. The City and the Fraternal Order of Police (FOP) Lodge#3 entered into good faith collective bargaining, which resulted in a collective bargaining agreement for 2006 and 2007. Notwithstanding this Agreement,the FOP has filed with the City Clerk's Office a statement of intent to circulate a petition for a proposed amendment to the City Charter that would seek to establish binding interest arbitration into the collective bargaining process. The FOP has sought a special City election in September of this year. Binding interest arbitration is unnecessary, inadvisable, and expensive. Such a requirement would deprive Council of its ability to effectively balance the competing financial needs of Police Services with all other financial needs of the City, would deprive the City Manager of his duty to establish the terms and conditions of employment of Police Services employees, and would turn these important financial and administrative decisions over to an arbitrator who is not accountable to the citizens of the City and who is neither elected nor appointed to protect the long-term interests of the organization as a whole. February 28, 2006 .2. Item No. One provision of the proposed Charter amendment would prevent the City from ever reducing any benefit or other term or condition of employment that was in place at the time the proposed Charter amendment was adopted, without the prior agreement by the FOP. This would render the City's efforts to manage costs and align the City's pay and benefits with the marketplace moot. In addition, holding a special election would be very costly. It is estimated by the City Clerk that a special City election would cost the City approximately$100,000. For the above stated reasons, it is believed that the proposed Charter amendment, binding interest arbitration, and a special City election are not in the best interests of the City. Registered voters are urged not to sign a petition seeking any such special election. RESOLUTION 2006-027 OF THE COUNCIL OF THE CITY OF FORT COLLINS URGING THE REGISTERED ELECTORS OF THE CITY NOT TO SUPPORT THE CALLING OF A SPECIAL CITY ELECTION TO AMEND THE CITY CHARTER SO AS TO REQUIRE BINDING INTEREST ARBITRATION AS PART OF THE COLLECTIVE BARGAINING PROCESS WITH POLICE EMPLOYEES WHEREAS,in August of 2004,a citizen-initiated ordinance(the"Ordinance")was approved by the registered electors of the City which amended the City Code to put in place a system of collective bargaining for police employees of the City; and WHEREAS,after the collective bargaining system was established in the City Code,the City entered into good faith negotiations with its police employees but were unable to reach agreement on all the terms and conditions of a proposed agreement; and WHEREAS, the system of collective bargaining that was added to the City Code included a requirement that,if collective bargaining negotiations between the City and the bargaining unit for police employees(the"Bargaining Unit")did not result in an agreement as to compensation,benefits and all other terms and conditions under which the members of the Bargaining Unit are employed by the City,the matters in dispute between the parties must be submitted to binding arbitration; and WHEREAS, this kind of"binding interest" arbitration authorizes a third party who is not accountable to the citizens of Fort Collins to set the wages, benefits and terms of conditions of employment of members of the Bargaining Unit, which means that the City Council and the City Manager lose the ability they currently have under the City Charter to determine the amounts to be budgeted for various City services and, in particular, to determine the employees' compensation, benefits and terms and conditions of employment; and WHEREAS, rather than proceeding to binding arbitration, the City challenged in court the binding arbitration requirement in the Ordinance on the grounds that such a requirement was contrary to the powers of the Council and City Manager in the City Charter; and WHEREAS,notwithstanding this court challenge,the City continued to bargain in good faith with the Bargaining Unit and was ultimately able to reach an agreement signed by both parties that substantially increased the compensation and benefits of police employees; and WHEREAS,as part of the overall agreement with the Bargaining Unit, the parties stipulated to the entry of judgment in the court case which acknowledged the fact that binding interest arbitration could not be established by an ordinance of the City, since such binding arbitration conflicts with the City Charter; and WHEREAS,on February 21,2006,representatives of the Fraternal Order of Police filed with the City Clerk's Office a statement of intent to circulate a petition for a proposed amendment to the City Charter to be submitted to the registered electors of the City at a special election in September, 2006,which amendment to the City Charter would "re-establish the process of Binding Arbitration and other items that were in conflict with the City Charter as an Ordinance"; and WHEREAS, state law requires that a citizen initiated charter amendment be placed on the ballot at a special election if the petition for the election is signed by at least ten percent of the registered electors of the City that were registered on the date of filing of the statement of intent;and WHEREAS,ten percent of the registered electors registered to vote in the City on February 21, 2006, is 8,910 registered electors; and WHEREAS,the City Clerk estimates that such a special City election would cost the City approximately$100,000; and WHEREAS,because of the voters'previous approval of the Ordinance, the City Code still requires collective bargaining between the City and the Bargaining Unit,even without the proposed Charter amendment, and that process allows for meaningful and productive negotiations between the City and the Bargaining Unit with regard to the compensation and working conditions of police employees; and WHEREAS, through that process, and without binding arbitration the City and the Bargaining Unit reached a comprehensive collective bargaining agreement in 2005; and WHEREAS, the City Council strongly believes that binding arbitration is unnecessary and inadvisable because it would deprive the Council of its ability to effectively balance the competing financial needs of police services with all other financial needs of the City in establishing the budget for the City,would deprive the City Manager of his duty and responsibility to establish the terms and conditions of employment of the police employees of the City, and would turn critical financial and administrative decisions over to an arbitrator who is neither elected nor appointed to represent the long-term interests of the City as a whole, all at significant additional cost to the City; and WHEREAS, a provision of the proposed Charter amendment would prevent the City from ever reducing any benefit or other term or condition of employment that was in place at the time of adoption of the Charter amendment,unless the bargaining agent voluntarily agreed to the reduction, and this would be true regardless of future events and regardless of whether or not the benefit,term, or condition of employment was even a part of the current collective bargaining agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, for the reasons stated above, the City Council believes that it is not in the best interests of the City to incur the expense of a special City election for the purpose of considering an amendment to the City Charter that would require binding arbitration as part of the collective bargaining process with police employees. 2 Section 2. The Council strongly urges the registered electors of the City not to sign a petition seeking such an election. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 28th day of February, A.D. 2006. Mayor ATTEST: City Clerk 3