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Home My WebLink AboutRESO 9189Resolution No. 9189 Resolution of the Council of the City of Palo Alto Calling a Special Election for November 8, 2011 Submitting to the Electorate for Special Election a Measure to Eliminate the Binding Interest Arbitration Requirement for Disputes with Public Safety Employees by Repealing Article V of the City Charter WHEREAS, Article IX , section 1 of the Charter of the City of Palo Alto authorizes the City Council to propose and submit Charter amendments to the voters of the City for approval at any established municipal election date; and WHEREAS, Article V of the Charter currently requires compulsory arbitration, commonly referred to as binding interest arbitration, as the sole method for resolving disputes with Fire and Police Department employees over all matters involving wages, hours and working conditions; and WHEREAS, the Santa Clara County Civil Grand Jury issued a report in May 2010 concluding that cities must rein in unsustainable employee costs, and finding that binding arbitration limits the ability of city leaders to craft solutions that work for the City's budget, resulting in wage and benefit decisions that have been greater than the growth in basic revenue sources; and WHEREAS, local agencies, including the City of Palo Alto, are currently facing difficult challenges regarding matters affecting the financial viability of local government, and the Council finds and declares that ensuring the City's financial viability over the long term is critical to the quality of life in and services available to the residents and businesses of the City of Palo Alto; and • WHEREAS, maintaining an effective, efficient and high quality level of City services depends on policies and financial decisions directed toward ensuring the financial stability of the City on a short and long term basis; and WHEREAS, labor costs are a substantial component of the City's finances, and high costs can affect the City's ability to preserve and enhance services; and WHEREAS, the voters and residents of Palo Alto rely on the City Council to make financial decisions considering both short-term economic impacts as well as the consequences for the City's long term financial viability; and WHEREAS, when the City and represented public safety employee organizations are not able to reach agreement on collective bargaining disputes, Article V of the City Charter restricts the ability of the City Council to make decisions on financial matters because it requires that a third party arbitrator make a final decision in any dispute affecting wages, hours and working conditions; and 110720 sh 0140010 1 WHEREAS, because the City Council is duly elected by the electorate of the City of Palo Alto to exercise all powers necessary and appropriate to a municipal corporation and the general welfare of its inhabitants, the Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over and management of the City's agreements governing wages, hours or terms and conditions of City employment; and WHEREAS, in order to ensure that the City has the means to make decisions affecting the City's short and long term financial health and the flexibility to craft solutions for managing labor costs, the City Council finds that it is in the best interest of the City to propose a Charter Amendment to repeal Article V of the Charter in its entirety, which, if approved, would eliminate the binding arbitration requirement for public safety employee groups and make the dispute resolution procedures under State law applicable to the City's public safety employees as well as all other represented employee groups; and WHEREAS, elections will be held on November 8, 2011, in certain school districts and certain special districts in Santa Clara County; and WHEREAS, pursuant to Education Code section 5342 and Part 3 of Division 10 of the Elections Code commencing at section 10400, such elections may be partially or completely consolidated. NOW, THEREFORE, the City Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Special Election. Pursuant to Elections Code sections 1405 and 9255 there is called and ordered to be held in the City of Palo Alto, California, on Tuesday, November 8, 2011 a special municipal election. Pursuant to Article IX of the Charter of the City of Palo Alto, this Council orders the following question to be submitted to the voters at the Election: CITY OF PALO ALTO MEASURE __ _ To provide the City with greater control over employee costs, staffing and services and allow the City Council to make final decisions regarding all matters related to public safety employee compensation, benefits, and working conditions, shall Article V of the Palo Alto City Charter be repealed in its entirety, eliminating the requirement that public safety employee disputes be resolved through binding interest arbitration? For the Amendment Against the Amendment SECTION 2. Adoption of Measure. If a majority of qualified electors voting on such measure shall vote in favor of City of Palo Alto Measure "_", it shall be deemed ratified and the following provisions shown in strikethrough shall be repealed and deleted from the City Charter: 110720 sh0140010 2 Artiele V. Cempalsery Arbitratiea fer Fire aRd Peliee Departm.ent Empleyee Dispates See. 1. Deelaratiea efpeliey. It is hereby eeelaree te be the peliey ef the eit)' ef Pale Alta that strikes by mefighters aBe peliee effieers are Bet iB the pablie iBterest ane sheale be prehlbitee, aaQ that a methee saeale be ae8ptee fer peaeefully aaQ eElaitably reseWiag Qispates that might ethervrise leae te saeh strikes. See. 2. Prehibitiea agaiBst strikes. If asy fH'efighter er peaee effieer empleyee by the eit)' ef Pale Alte v.'ilfully eagages is a strike agaiBst the eit)', saie empleyee shall be eismissee Hem his er her empleymeat aBe may Bet be r.eiBstatee er retamee ta eity empleyment e*eept as a aew empleyee. Ne efaeer, beare, eeaBeil er eemmissiea shall ha-ve the pe'lfer te graat amBesty te aBy empleyee eBargee with eagagiag ia a stri}.e agaiBst the eit)'. See. 3. Obligatiea te aegetiate is geee faith. 'The eit)', throagh its Galy aathemee represeatati'l@s, shall aegetiate ia gese faith w4th the reeegniZ'lee me aaQ peliee eepartmeat emplsyee erg~atieas ea all matters relatiBg ta the v.rages, hears, aaQ ether terms aaQ eeaGitieas ef eit)' empleymeat, laelaQiag the estaelisBmeat ef preeeea£es fer the reselatiea ef grie¥aBees sabmittee by either empleyee ergaai:l:atiea e¥er the iBterpretatiea er applieatiea ef aBy aegstiatee agreeHlSat iBelaeiBg a pre'risiea fer biaQiag arbitratisa ef these grie·liHl6es. UBless aaQ lHltil agreemeat is reaehee threagh aegstiatieas betweea the eit)' aBe the reeegm23ee empleyee ergani23atiea fer the me er peliee eepar-tmeat er a eetermiBatiea is maee threagh the arbitratiea preeeeare hereiBafter pre'rieee, ae e*:istiag eeaefit er eeaGitiea ef empleymeat fer the members ef the me eepartm.eat er psliee eepar-tmeat earga-iBiag aait shaH be elimiBatee er eBaagee. See. 4. Impasse reselatiea preeeeares. All Qispates er eeBtre'fersies pertaiBiag te y.rages, hears, er terms aRd eeaGitieas ef empleyment whieh remaiB lHli'essp;ee after geee faith aegetiatieas betweea the eit)' aaQ either the fire er peliee eepartm.eat empleyee ergani23atiea shall be sabmittee ta a three member beare ef arbitratsrs apea the eeelaratiea ef an impasse by the eit)' er by the reeegBi23ee empleyee ergaru23atiea mvel¥ee iB the Qispate. R-epreseatati¥es eesignatee by the' eit)' ane represeatati¥es ef the reeegni23ee empleyee ergaru23atisa la';ePfeeiB the Qispate, eess'rersy er grie¥anee shall eaeh seleet eae arbitrater ts the beam ef arbitratars ·.v#hia three eays after either party has aetifiee the ether, la 'l1fitiBg, that it eesires te preeeee ta arbitratiea. 'The thire member ef the areitratiea beare shall be seleetee by agreemeBt eep-veea the twe arbitraters seleetee by the eit)' aaQ the empleyee erg~atiea, aBEl shall serve as the aeatral areitrater aaQ ehaitma-B ef the eeare. lB the e...eat that the arbitraters seleetee by the eit)' aaQ the empleyee ergaai:l:atisa eaBB8t agree apea the seleetiea ef the thire arbitratsr',r;ithia taa eays Hem the eats that either party has Betifiee the ether that it has eeelaree aB impasse, thea either paFty may reElaest the State ef Califeraia Ceaeiliatiea SeMee te pre·riee a list ef se¥ea perseas w:he are Elaalifiee aaQ e*perieaeee as label' arbitraters. If the arbitraters seleetee ey the eit)' aaQ the empleyee ergani23atiea eaBB8t agree ',r;ithia three eays after reeeipt sf saeh list ea eae ef sewa te aet as the thirQ arbitrateI', they shall alternately strike names Hem the list af aamiBees lHltil eIlly aBe name remaiBs aBe that persea sha-ll thea seeame the thire areitrater aBe ehairmaB efthe areitratiea beare. ,'\By areitratiea eeaveBee parsaast te this artiele shall se eeaeaetee ia eeafermaBee .. v4th, S'I:1bjeet te, aaQ ge¥eraee by Title 9 efPart 3 efthe Califeraia Ceee efCWiI Prseeeare. At the eeaelasiea ef the areitratiea hear.ags, the areitratiea seam shall eireet eaeh ef the parties te saemit, within saeh tim:e limit as the seare may estaslish, a last effer ef settleHleBt ea eaeh ef the issaes iB eispate. 'The arbitratiea seare shall eeeiee eaeh issae sy majerit)' 'fete by seleetiBg Ylmehe';er last effer ef settlement ea that issae it fiBQs mest Bearly eeBferms w4th these faeters traGitieaally takea iate eeasieeratiea iB the eetermiaatiea ef wages, hears, aaQ ether terms ase eeBGitieas ef pablie aBEl private empleymeat, iBelaeiag, bat Bet limitee te, eBaages iB the a .... @rage eeasU'Hlef priee iBGe* fer geees aBe sep .. 4ees, the wages, hears, ana ether terms aBEl 110720 sh 0140010 3 eeaS#ieas ef empleymeHt ef ether empleyees perfermiBg simil8l' serviees, aBa the fl:tl:a:B:eial eeaaitiea efthe e~ aBa ~ aail~ te meet the eest efthe IPl.'8f'8. }.J'tar reashing a aeeisiea, the 81'aitratiea ae8l'a shall mail er etherwise aelPrer a we eeJ1Y ef its aeeisiea te the parties. The aeeisiea ef the 81'aitratiea aearS shall Bet ae p1i9liely aiselesea aa8 shall Bet ae aindiag ootH tea aays after it is aely/area te the parties. DaF.ag that tea 8ajr penea the parties may meet p&Jately, attempt te reselYe their Siffer9ftees, ana ay IHIltI:Ial agreemeat ameaa er meSify aay ef the Eleeisieas ef the araitratiea aearS. At the eeBGlasiea ef the tea day penea, whieh may ae 9Kt9Baea ay lB:-Qtaal agreemeHt aetwe9ft the parties, the aeeisiea ef the 81'aitratiea aearS tegether with any ameaEimeats er meElifieaaeas agreea te ay the paFties shall ae J1l:1aliely Siselesea aBa shall ae ainEliag l:1pea the parties. The e~ aBa the reeegnizea empleyee ergaaizatiea shall take whate'/er aetiea is aeeessary te earI)' em ana effeemate the IPll8f'a. The 9Kp9Bse ef any 81'aitratiea eelW9aea p1:lFSl:1ant te this artiele, iaelaEliag the tee fer the serviees ef the ehairmaa ef the araitratiea aearS, shall ae aeme eEJ:l:lll:lly ay the parties. All ether e1q3eases whieh the parties may iBGQF iaSMQQally Me te ae aeme ay the party inelH'iing saeh 9Kp9ftses. (Aaaea ay ameaElmeat Filea with the e~ elerk, Jaly 17, 1978) SECTION 3. Notice of Election. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form, and manner as required by law. SECTION 4. Impartial Analysis. Pursuant to California Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk on or before August 23, 2011. SECTION 5. Ballot Arguments. Pursuant to Elections Code section 9286 et seq., August 16,2011 at 5:30 p.m. shall be the deadline for submission of arguments in favor of, and arguments against, any local measures on the ballot. If more than one argument for and/or against is received, the priorities established by Elections Code section 9287 shall control. SECTION 6. Rebuttal Arguments. The provisions of Elections Code section 9285 shall control the submission of any rebuttal arguments. The deadline for filing rebuttal arguments shall be August 23, 2011. SECTION 7. Effective Date. If a majority of those voting in the election on November 8, 2011 vote for the amendment to repeal Article V of the City Charter, that repeal shall be effective upon certification and filing with the Secretary of State, and shall apply to resolution of all impasses after that date, regardless of when the impasse arose. SECTION 8. Consolidation Request. The Council of the City of Palo Alto requests the Governing Body. of any such other political subdivision, or any officers otherwise authorized by law, to partially or completely consolidate such elections and to further provide that the canvass be made by any body or official authorized by law to canvass the returns of the election, except that in accordance with Article III, section 4, of the Palo Alto Charter, the City Council must meet and declare the results of said elections; and that this City Council consents to such consolidation. 110720 sh 0140010 4 SECTION 9. Request for County Services~;' Pursuant to section 10002 of the California Elections Code, the Council of the City of Palo Alto hereby requests the Board of Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City of Palo Alto relating to the conduct of Palo Alto's General Municipal and Special Elections which are called to be held on Tuesday, November 8, 2011. The services shall be of the type nonnally perfonned by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections including, but not limited to, checking registrations, mailing ballots, hiring election officers and arranging for polling places, receiving absent voter ballot applications, mailing and receiving absent voter ballots and opening and counting same, providing and distributing election supplies, and furnishing voting machines. Subject to approval of the Board of Supervisors of Santa Clara County of the foregoing request, the City Clerk is hereby authorized to take all necessary actions to engage the services of the Registrar of Voters of the County of Santa Clara to aid in the conduct of said elections including canvassing the returns of said election. Further, the Director of Administrative Services is authorized and directed to pay the cost of said services provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law toperfonn. SECTION 10. Transmittal of Resolution. The City Clerk is directed to submit a certified copy of this resolution to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters and take all other actions necessary in order to facilitate the Special Election in the timeframe specified herein and comply with the applicable provisions of the Elections Code, City Charter, ordinances resolutions and policies related to the conduct of special municipal elections. II II II II II II II II , II II II 110720 sh 0140010 5