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HomeMy WebLinkAbout1990-085-06/05/1990-COLLECTIVE BARGAINING ESTABLISHING POLLING PLACES JULY 10, 1990 SPECIAL MUNICIPAL ELECTION RESOLUTION 90-85 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION ON JULY 10, 1990, ESTABLISHING POLLING PLACES FOR SAID ELECTION, AND REFERRING A PROPOSED ORDINANCE RELATING TO COLLECTIVE BARGAINING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY WHEREAS, under Article X Section 3 of the Charter of the City of Fort Collins, the registered electors of the city have the power to propose a measure to the Council , and, if the Council fails to adopt a measure so proposed, to adopt or reject such measure at the polls; and WHEREAS, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the proposed ordinance without alteration within thirty (30) days or refer such proposed measure in the form petitioned for, to the registered electors of the city; and WHEREAS, the Charter requires that if the petition requests that the measure be submitted to the vote of the people at a special election and is signed by the number of registered electors equal to fifteen (15) percent of the total ballots cast at the last regular city election, the Council shall call a special election to be held on a Tuesday within ninety (90) days of the presentation of the certified petition to Council ; and WHEREAS , an initiative petition pertaining to collective bargaining/arbitration for police employees has been submitted, and the City Clerk has certified said petition as sufficient and has presented said petition to the City Council as provided in Article X, Section 4(g) (4) of the City Charter; and WHEREAS, the City Council desires to call a special city election on July 10, 1990, and refer said proposed ordinance to a vote of the registered electors of the City; and WHEREAS, the City Council wishes to establish polling places for said election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called for Tuesday, July 10, 1990, which shall be held at such polls as are established and announced for said election. Section 2. That the polling places for said election are hereby established as follows: Combined Polling Place/Address Precinct No. 1 Holy Family Rec. Hall , 326 N. Whitcomb St. 2 DMA Plaza, 300 Remington St. 3 First United Methodist Church, 1005 Stover 4 Lincoln Center, 417 W. Magnolia 5 Parks Maintenance Bldg, 413 S. Bryan Ave. 6 Bethel Baptist Church, 833 S. Taft Hill Rd. 7 Shepherd of the Hills Lutheran, 1200 S. Taft Hill Rd. 8 Immanuel Christian Reformed, 1900 S. Taft Hill Rd. 9 Foothills Unitarian Church, 1815 Yorktown Ave. 10 Poudre Valley Hospital , 1024 Lemay Ave. 11 First Christian Church, 2700 Lemay Ave. 12 Christ United Methodist, 301 E. Drake Rd. 13 Peace with Christ Lutheran, 1412 W. Swallow Rd. 14 Ft Collins Christian Center, 4036 S. Shields St. 15 Foothills Fashion Mall , 215 E. Foothills Parkway 16 Platte River Power Authority, Timberline/Horsetooth 17 (Absentee) City Clerk's Office, 300 Laporte Ave. Section 3. That the polls shall be open at the hour of 7:00 a.m. , shall remain open continuously until and shall be closed at 7:00 p.m. on said date. Section 4. That said Special Election shall be held and conducted, as nearly as may be in the manner prescribed by law, as in the case of regular city elections conducted pursuant to the Charter of the City of Fort Collins and the Statutes of the State of Colorado. Section 5. That the use of an electronic system to record the votes at said election is hereby authorized. Section 6. That no vote, either for or against the question so submitted, shall be received by the election judges unless the person offering the same shall be a duly registered voter in the precinct in which he or she offers to vote and, in addition thereto, said person is an elector of the City of Fort Collins as defined in the applicable election laws. The last day for a City resident to register to vote for this Special Election shall be June 15, 1990, as set by law. Section 7. That there is hereby referred to the registered electors of the City of Fort Collins at the Special Election to be held in the several precincts of the City on Tuesday, July 10, 1990, the following proposed ordinance. Collective Bargaining/Arbitration for Police Emolovees STATEMENT OF POLICY It is the public policy of the City of Fort Collins, and the purpose of this ordinance, to promote the improvement of labor relations between the City of Fort Collins and the employees of the Police Department who are members of the Bargaining Unit and to protect the public health, safety and welfare by assuring at all times the orderly and uninterrupted operations and services of City government, and further that, the members of the Police Department not be accorded the right to strike or engage in any work stoppage, slowdown, or mass absenteeism. This ordinance shall mandate to the City and to the Bargaining Agent that they must bargain in good faith over the terms and conditions of employment and that all unresolved issues be submitted to non-binding mediation/arbitration for impasse resolution and, if necessary, to a vote of the qualified electors of the City of Fort Collins. DEFINITIONS Bargaining Unit means all sworn members of the Police Department, all Community Service officers, Dispatchers and all first line Dispatch Supervisors. However the Bargaining Unit shall not include Lieutenants or any person in a higher rank. Collective Bargaining means the performance of the mutual obligation of the City and the Bargaining Agent to meet at reasonable times to confer in good faith and with respect to terms and conditions of employment and to reduce to a written contract the matters agreed upon. However the obligation to bargain collectively does not compel a party to agree to any proposal or require the making of any concession. Good Faith means an honest and sincere attempt to reach a mutually acceptable resolution of all issues in dispute through the bargaining process. Impasse Resolution means the manner in which items that are unable to be agreed upon by the City and the Bargaining Agent are resolved. Bargaining Agent means an employee organization elected by the bargaining unit and certified by the City pursuant to the provisions of this ordinance for the purpose of bargaining regarding terms and conditions of employment. Terms and Conditions of Employment means wages, salaries, rates of pay, hours, benefits, working conditions and other terms of employment of members of the Bargaining Unit. Final Offer means the last offer made by the party no less than 7 days prior to the commencement of the fact finding hearing. Collective Bargaining Agreement means any and all terms to which the City and the Bargaining Agent have voluntarily agreed upon. It shall also include all terms accepted by the parties from the recommendations of mediation arbitration and/or any and all terms selected by the electorate. City means the properly designated officials including but not limited to, the Chief of Police, Employee Development representatives, The City Manager, and City Council Members, whose duty it is to establish the wages, salaries, rates of pay, hours, benefits, working conditions, and other terms and conditions of employment of members of the Bargaining Unit. Arbitration Election means an election called only as a result of the provisions of this ordinance. Only the unresolved issues arising from the provisions will appear on the ballot for this election. The election will be held with the same procedures as any municipal election. An election pursuant to this ordinance shall not be considered a special election as defined in Article X Section 5 of the Fort Collins City Charter. Advisory Fact Finder means the person selected by the City and the Bargaining Agent for mediation/arbitration as described in the Impasse Resolution provision of this ordinance. CITY'S RIGHTS It is an exclusive right of the City of Fort Collins To direct the work of its police employees To hire, assign, promote, classify and retain police employees in positions with the City of Fort Collins. To determine and implement the methods, equipment, facilities and other means and personnel by which Municipal operations are to be conducted and to take steps it deems necessary to maintain the efficiency and safety of said operations and of the personnel engaged therein. POLICE EMPLOYEES RIGHTS All members of the Bargaining Unit shall have the right to form, join and participate in the activities of the employee organizations of their own choosing for the purpose of representation on the matters of terms and conditions of employment. Neither the City, nor any member of the Bargaining Unit, nor any employee or employee organization, nor any officially recognized employee representative shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of the exercise of the foregoing rights. The City of Fort Collins shall accord all the rights of labor other than: the right to strike, organize a work slowdown, mass absenteeism or work stoppage. No member of the Bargaining Unit shall be required to join any employee organization. Members of the Bargaining Unit, who are not members of the employee organization selected as the Bargaining Agent, shall pay as a condition of employment necessary fees and expenses of collective bargaining and enforcement of any collective bargaining contract which are incurred by the bargaining Agent. These fees and expenses shall not exceed the dues paid by members of the employee organization selected as the bargaining Agent. There shall be a binding grievance procedure as negotiated by the City and the Bargaining Agent. SELECTION AND RECOGNITION OF BARGAINING AGENT The Bargaining Agent for the purpose of collective bargaining shall be the sole and exclusive representative of the Bargaining Unit. The Bargaining Agent shall be selected by the majority of members eligible to belong to the Bargaining Unit voting for such agent in an election. This election shall be held and certified by the Board of Elections pursuant to Article VIII Section 6 of the Fort Collins City Charter. Members or organizations which represent members may challenge for the right to represent the bargaining unit. Any member, group of members or any organization wishing to represent members must present a petition to the City of Fort Collins Clerk's office which is signed by 40 percent of the members who are in the bargaining group. No challenges for representation shall occur within the first 12 months after the initial Bargaining Agent has been selected. If a successful challenge occurs, the new Bargaining Agent shall honor the current contract and shall begin representation upon the expiration of the current contract. The City of Fort Collins Clerk' s )ffice shall not accept any petitions of challenge once negotiations have begun for the next contract. Petitions for challenge will be accepted immediately after the contract has been agreed upon or upon the completion of impasse resolution. Challenges for representation must be completed, including the elections of the Bargaining Agent , prior to negotiations beginning . Only one challenge of representation may occur per calendar year. BARGAINING AGENT REPRESENTATION The relationship between the City and the members of the Bargaining Unit is enhanced when the Bargaining Agent has sufficient time to prepare for and engage in negotiations and discussions of problems which arise concerning the employment of members of the Bargaining Unit during the term of any collective bargaining agreement. In recognition of this fact, one police officer of the Bargaining Unit, designated by the Bargaining Agent, shall be assigned by the Chief of Police the primary responsibility for being the representative of the Bargaining Agent in dealing with the City in all matters relating to employment of members of the bargaining unit. Any police work responsibilities shall be secondary and assigned only when time permits or in emergency situations. The member assigned to this position shall continue to be employed by the City of Fort Collins and shall receive all benefits and pay as a City employee. Nothing herein shall prohibit the Bargaining Agent from designating additional members of the Bargaining Unit to act on its behalf under such conditions as may be set for in a collective bargaining agreement. COLLECTIVE BARGAINING AGREEMENTS Agreements reached by the representatives of the City and the Bargaining Agent shall be set forth in a written contract prepared by them. This Contract shall constitute a mutual recommendation for approval to be jointly submitted to the City Council . The terms of the contract shall be for a mutually agreed upon duration, up to but not to exceed three years. Any contracts which are more than one year in length shall have provisions for which negotiations can be opened by either side, on specific, agreed upon issues. These issues must be listed in the Contract itself. The Collective Bargaining contract shall not be binding upon the parties, either in whole or part until it is approved by both parties. Once a proposed written Contract has been prepared and the members of the Bargaining Unit have ratified the proposed contract, it shall be signed by the head of the Bargaining Unit and then by the representative for the City. The proposed Contract shall be submitted to the City Council , and said agreement shall go into effect unless City Council shall act by a majority vote to formally reject the contract within twenty days (20) . The contract shall be printed by the City of Fort Collins and a copy given to each member of the Bargaining Unit and made available to the public. COLLECTIVE BARGAINING PROCEDURES The City and the Bargaining Agent shall meet and confer in good faith in order to come to agreement on wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment. All agreements shall be put into written form. The City and the Bargaining Agent shall begin negotiations on or about July 15th of each year. In the event that the Bargaining Agent and the City are unable within 30 days from and including the first meeting, to reach agreement on a contract, any and all unresolved issues subject to collective bargaining shall be submitted to advisory fact finding. Upon passage of this ordinance, bargaining shall begin in thirty (30) days. The agreement reached shall be for the calendar year 1991. IMPASSE RESOLUTION Within five (5) days from and after the expiration of the time period referred to above the City, at the Bargaining Agents direction and choice, shall inform one of the following: American Arbitration Association, the Federal Mediation and Conciliation Service or the National Mediation Board that advisory fact finding is desired. Within ten (10) days thereafter, the chosen arbitration association shall submit simultaneously to each party an identical list of seven (7) names of those proposed to act in the capacity of an advisory fact finder. Each party shall then strike one (1) name from the list in turn until one (1) individual is selected. The City shall have the first turn at striking names from the list. Upon completion of the selection process, the Advisory Fact Finder selected shall at the earliest opportunity not to exceed twenty ( 20) days , start Mediation-Arbitration hearings between the parties. A subsequent period of twenty ( 20) days shall be allowed for the conduct of such Mediation-Arbitration hearings and the parties shall have five (5) days to submit briefs and other written materials after the conclusion of the hearing. The advisory fact finder shall be given a period of up to fifteen (15) days in which to render his written findings, conclusions and recommendations. The Advisory Fact Finder shall initially attempt to mediate all unresolved issues. Any and all agreements that are reached as a result of mediation shall be put into written form and shall become part of the proposed Collective Bargaining Contract. Any issues that are unresolved by Mediation shall be submitted to the Advisory Fact Finder for arbitration. The Advisory Fact Finder shall have only the twenty (20) days listed in section 9.1 to conduct both the Mediation hearing and, if necessary, Arbitration hearing. During arbitration the Advisory Fact Finder shall decide either for the City or for the Bargaining Agent. Upon a written decision by the Advisory Fact Finder, the City and/or the Bargaining Agent shall have seven (7) days in which to agree with the Advisory Fact Finder's decision. If either side disagrees, they must notify the other party and City Council within the seven (7) days. Any side disagreeing with the Advisory Fact Finders decision shall request that City Council consider their final offer, in addition to that of the Advisory Fact Finder. The City Council shall consider each proposal it receives and shall move one of the recommendations at the next City Council meeting. If either side disagrees with City Council decision they shall notify City Council within five (5) days of the intent for an Arbitration Election to be held. If the City Council rejects a proposed Collective Bargaining Contract that was agreed upon by the Bargaining Agent and the City's Representative, an Arbitration Election will be called with the proposed contract being listed on the ballot first and any other proposals listed second. All the necessary fees and expense of fact finding/Arbitration shall be paid in the following manner: Fifty percent (50%) by the City Fifty percent (50%) by the Bargaining Unit FACTORS TO BE CONSIDERED The fact finders shall conduct the hearings and render their decision upon the basis of a prompt, peaceful and just settlement of all unresolved issues between the Bargaining Agent and the City. The factors to be given weight by the fact finders in arriving at a decision shall include: Stipulations of the parties. The interests and welfare of the public and the financial ability of the unit of government to meet those costs. Comparison of the wages, salaries, rates of pay, hours, working conditions, benefits and other terms and conditions of employment of members of the Bargaining Unit. With employees performing similar services in public employment in comparable communities. The average consumer prices for goods and services, commonly known as the cost of living. All resolved issues between the two parties in the current negotiations. Other similar standards recognized in the resolution of interest disputes. ARBITRATION ELECTION If any parties reject the recommendation of the fact finder the City shall cause the recommendation of the fact finder and the final offer to the rejecting parties to be referred to a vote of the people at an arbitration election to be held on the second Tuesday of December. All costs of the arbitration election shall be paid for by the City. Only the unresolved issues involved in the Collective Bargaining shall appear on this election. This election shall not count as a special election held in the same year per Article X of the Charter of the City of Fort Collins. The ballot for any election conducted pursuant to this section shall list the recommendation of the Arbitrator first. The determination in an appropriate circumstance, of whether the final offer of the Bargaining Agent or the final of the City shall be listed second shall be made by coin toss. The decision of the voters shall apply only for the period of time the contract was negotiated for and only for those issues listed on the ballot. All other issues shall be governed by the negotiated Collective Bargaining Contract. Nothing contained in this section shall be construed to prevent the parties from settling unresolved issues prior to the Arbitration Election. If all issues are resolved, the election may be canceled. MODIFICATIONS TO IMPASSE RESOLUTION PROCEDURE At the time of the passage of this ordinance, there is no Colorado or Federal law governing a collective bargaining relationship between the City and The Bargaining Unit, however decisions of the Colorado Supreme Court have removed certain options for impasse resolution in collective bargaining. If, subsequent to the adoption of this ordinance, a process of collective bargaining is adopted by federal legislation, state legislation or state constitutional amendment, or if the Colorado Supreme Court allows binding interest arbitration as an impasse resolution procedure, then the Bargaining Agent and the City may, by mutual agreement, adopt an impasse resolution procedure consistent with the change in the law without the necessity of having to put the procedure to a vote of the people. Furthermore, the modification to the impasse resolution procedure allowed by this section shall not be subject to advisory fact finding or a arbitration election but may only be changed by mutual agreement of the Bargaining Agent and the City. If such agreement is lacking either party has the option to call a special election in accordance with the City Charter to modify this section to binding impasse resolution. MAINTENANCE OF STANDARDS All legal benefits, salaries and entitlements of the Bargaining Unit existing on the date of the passage of this ordinance shall remain in full force and effect until such time as the terms and provisions thereof are superseded, modified or changed by the terms of a Collective Bargaining Contract. SAVINGS CLAUSE If any portion of this ordinance is declared invalid or unconstitutional , the remainder of the ordinance shall remain in effect. Section 8. That said Proposed Ordinance is hereby referred to the registered electors of the City of Fort Collins at said Special Election in the following form: PROPOSED ORDINANCE An ordinance granting police officers and certain police supervisors the right to organize and bargain collectively with the City; establishing procedures for collective bargaining regarding wages, hours, benefits, and other conditions of employment and procedures for deciding unresolved bargaining issues through arbitration and, if necessary, City elections; granting certain other benefits and protections to police officers; requiring the City to assign and pay a police officer whose primary work responsibility is to act as representative of the bargaining agent; and requiring members of the bargaining unit to pay the fees and expenses of collective bargaining as a condition of employment. For the Ordinance Against the Ordinance Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 1990. yor o A TEST: City Clerk