HomeMy WebLinkAbout2005-106-09/20/2005-APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE AND AUTHORIZING THE R 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 terns 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 uncil held this 20th day of September,
A.D. 2005. j
Mayo
AT EST:
City Clerk ,
FYI
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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: sroV@fcgov.com
tem ep l@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
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
(9t3)341-1040
Date:
Latimer 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:
NORTHERN COLORADO LODGE #3, COLORADO COURT USE ONLY
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: srov@fcgov.com
Rteml2el@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
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 V II,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.
11. 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.
Cite 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.
III. 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.
rlegOtiatiOfLS,the eity hereby adopts a systert,of binding interest arbittation to tesol Ve StIch impasses.
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
Finut offt, shall be the mfittC11 OffCl r1ladC lateSt it! tinte by a party to tile OtILCI party at least Seven
Mandatory subject of bargaining shall mean a subject which shall be discussed during negotiations
if either party wishes to discuss it and may bC StIbUlitted to binding atbittatiOLI by either patty in the
eMlt Of at! hripassc.
Permissive subject of bargaining shall mean a subject which may be discussed during negotiations
only if both parties agree to discuss it and Shall not be Stfl-LiTitted to binding arbittatioll Unless b
patties agree to submit i .
EXHIBIT "A" TO ORDER
Prohibited subject of bargaining shall mean a subject which shall not be included in any collective
bargaining agreementand shall mt be subject to binding arbitration.
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
(t l) 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.
(1) 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 l 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. ff the petition has the requisite numberof 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 majority of 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 1 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 will be shared equally by the parties, unless
otherwise agreed.
di I-in ling—Arbitra-tio n-.
days
offers an any and ail nresolved Mandatoty subjects of bargaining shall be
Ilig May
submitted to binding arbitration Il'both parties agree to S bmit them. The abligation of the parties
to bat gain iit good faith 'all contintleafter submissionof trr,rt!%sotvrd issues tobiLidingnibittatiOn.
arbitrator shall supersede the decision Of the atbittator-1 " - A-- I - . .
-?gent and thU
try ot ail issues prior to ti-Ir receit
EXHIBIT "A" TO ORDER
(2t) Within forty-five (45) after the adopt'()" Of this OI-illanCe, thC eity Shati, in SUTLIC reasotrabi
resolve impasses as described it' SCCti0n 2-623.
(b)fit vide, to beeligible to be on the permanent partelofarbit-WIMS, mustbe impartial
disinterested and must be qualified by experience and training as a ticattal Hearing Officer-or
PLCSMILptiMly qualified.
(c) The eity Council shaii cicate a PCIMMMIlt panel of at least five (5) arbitlatOLS front thOSe
qualified PeLsulls who apply. placettleitt otl thC pelMarterit panel shall be approved by Leading
resolution of the eity eouncii. Any qualified persor,cat, be added to the Perniallent PaLlel 2tham
teappoirftd, provided that dIC o[ClUbers Of thC itritial panel shall be appointed to tetals Of va " -
lengths notto exceed six(6)years. Any person OIL thC PCH112tilrIlt VallCl may beiernovedby passage
of a tesolution by tim eity Eott=il tnlleSS that I)CLSOn has beet, selected to conduct a hCaLing
�ttht, dispute PUIStlaot to subsection (e) of this section, and ther, that PCLSOLI CaLl
(d) Each petsort placed ot, tile PeLLLIaLICLIt PaLIC! shall Sign aLl Oath to uphold tliC tennS Of this
Qom
623, the bargaining agrLIt Ot tite eorporatc Authotities may request the list ofnatnes front
to thC balgaillilig agCltt and the eorpotate Authorities within five (5)days. Within teLl (iO) days-of
strike one (!) flamr front thC hSt Until OILC (i) Hartre ternains (if the palLCI has an odd number-of
remains, that person shall be tire arbitrator f6t that dispate. ff tW()(2) UaLLICS relliain, tjjC Ntay0l Shaft
select one of those two natties to be the atbittato, for that dispate. The Mayot's sciection must tak
front agICC:iLLg to an arbitrator ftorn the peurtaimit panel.
EXHIBIT `=A" TO ORDER
(a) The arbitrator shall call a heating to begin WithiLl tuventy-five (25) days of selection, and sl
HIC titILC attd place of such hearing. The licathIg shall be infouttal, a[Ld the tules of evidence
pley2rifing in judicial proceedings shall not be binding. Any and all ond ot ductILTIClitaly CVidC[IC
alid other data deenied COMP&CIA and relentrit by thr arbitrator shall be teceived in evidence. Thr
testimony of witnesses and the production of books, records and other evidence Miathig tO 01
they deeir,necessaty, sttbttLit Mitt=briefs to dic arbittator. Withill tMC11ty-OLLC(2t)days of receipt
briefs arr filed, the arbittatot shall niake writtert findings and conclusions setting foith the basis
conclusions shall be reached in accordance with the ptoViSiOLIS of Section 2-626.
rn bMtMded.
Section 2-626 Factors to be consideted by the nabittatot.
The aabitrator shall conduct the heathig and Lender his ot het decision With dtte COLIsideratit)Ll of thC
and tim eotporate Aufliorities. T lie arbittatOL May apply the standards commonly used itL itItCL
(a) The interests and welfare of fire pubffi—,
(f)The cost of living-,
EXHIBIT "A" TO ORDER
(9) Anyclaims of failure of a pat ty to bmgai,t it, good Faith PULSUalft to Section 2-6-21, an
Tim eOLPO.atC Atlth(nitiCS and the bat Pining 3geLlt S1 Lail subinit to the a,bit,ato, Final offers on
Section 2-628 Finality of the a.bit,Mot's decision.
(a) Except as othmmise provided in this sCCti0n, the dccisiCnl Of thC atbitrator shail be final and
(b) The atbitratot's decision sLaii be subject to couit review only putstlaRt to tile teLins Of this
after the date Of thC atbitiator's decision. Failure to file suit %vitlain this tinte fianic shaii maiv
right to appeal thedecision. A Patty Mayappeal to tile District eoult Only oll tile folloming gloul
evidencr ill the record to support the deciSiOLI, 01
(3)The deciSiOL mched without considerhLg thC factors fisted in Section
2l l�l�reof,UL
by cortuptiort, ,and ni OthCt Shililat wrongdoing, thC CLitilre awaLU' shall lbe vacated and tile niattrr
atbittatot who issued the amard determined to be proctned by corruption, fiatid or other si
if the couit detenniLICS that dic arbitrator's decision ou an
EXHIBIT "A" TO ORDER
shall rentand that issue to the a,bitratot with instructions to conduct a new tila-t 1��U� 11
eithe, the bargaining agent ox the eottionate AtIthOLitilS so desites and, with ot Without a new
hearing, to issue a new decisiOlL OIL that iSSUIC WhiCh iS Dased Oil sotlt�ftp&eLit evidence in
record. if the COULt (iCtrtinilICS that the arbitrator's de * ' I . n was leached without
consideting the ffictots listed in Section -2.626 11=0f-, the r0tnt shall rettrand that i to thr;
arbittator With inStLUC6011S to conduct a new healing Oil that issue if eithe, the batgaining agent ol
Considers the brctors listed in SCC60n 2.626 hereof as the atbitratot deems proper. it the coult
determines th2tt the MbitratOL's decision did lot accept the fitial offer of rithet tire eo.,C)La
Atttf iling agent Oil all iSStle,the COULt Shall rernand the iMle to the arbitrator with
instructions to accept the final offet of either the earpotate Anthotities ot the bargaillikLg agent.
Section 2-629 Fees and expenses of arbitration.
Fifty (50)PC'CeLlt Of the rl=Maty fees and necessaty expenses of arbiftation(excluding all fee
eity and Fifty (50) percent shall be b0lite by the baigai
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 oi aWaLded by the arbitt3tm. 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 the arbitrator.
(b) Whenever there is a conflict between the terms of the agreement and a rule, executive order,
procedure, policy, or any ordinance or any othet eliarter 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
Section 2-632 Ternts and conditions ofernployartent not to be reduce(F.
the bar gaining agent
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