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Home My WebLink AboutRESO 5523f • • ORIGINAL RESOLUTION NO. 5523 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMI~~ING TO THE ELECTORATE OF THE CITY OF PALO ALTO AT A SPECIAL ELECTION TO BE HELD JUNE 61 1978, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PALO ALTO TO ADD A NEW ARTICLE V, COMPULSORY ARBI- TRATION OF FIRE AND POLICE DEPARI'MENT EMPLOYEE DISPUTES AND REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE DIRECT PRIMARY ELECTION TO BE HELD JUNE 6, 1978 WHEREAS, sufficient signatures eeekinq an amendment to the Palo Alto City Charter by initiative have been obtained, and the City Council, as provided in Section 3 of Article XI of the Constituticm and ~he laws of the state of California is mandated to submit to the electors a proposal for an amendment to the Charter of the City of Palo Alto1 NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: That the following measure shall be submitted of the City of Palo Alto at a special election 6, 1978, to be designat.ed as City of Palo SECTION l. to the electors to be held June Alto measure _____ : CITY OF PALO ALTO MEASURE Shall the Charter of the City of Palo Alto he amended to add thereto a new Article v, to require compulsory arbitration of fire and police department employee disputes? FOR THE AMENDMENT ----- AGAINST THE AMENDMENT.~~~- SECTION 2. If a majority of the qualified voters voting at said election shall vote in favor of CITY OF PALO ALTO MEASURE , it shall be deemed ratified, and a new Article V shall, upon filing with the Secretary of State, be added to the Charter of the City of Palo Alto, to read as follows: "ARTICLE V. COMPULSORY ARBITM'l'ION FOR FIRE AND POLICE DEPARTMENT EMPLOYEE DISPOTES. Section l. Declaration of Polic~. It is hereby declared to bi the policy of the City of Palo Alto that strikes by firefighters and peace officers are not i.n the public interest and should be prohibi ~ed, ai1d that a method 111iould be adopted for peact:!fully and equitably resol- ving disputes that might otherwise lead to sucrt strikeso Section 2. ~rohibition Against Strikes. If any firefighter or peace officer employed by the City of Palo Alto wilfully enqages in a strike '. against the City, said employee shall be dis- missed from his or her employment and mQy not be reinstated or returned to City employment except as a new employee. No officer, board, council or corranission shall have the power to grant amnesty to any employee charged with engaging in a ftrike against the City. Section 3. Obli~ation to Negotiate in Good Faith. The City, throug its duly authorized representa- tives, shall negotiate in good faith with the r.ecognized fire and police department employee organizations on all matters relating to the wages, hours, and other tenns and conditions of City employment, including the establishment of procedures for the resolution of grievances sub- rni tted by either employee organization over the interpretation or applicatio."l of any_ negotiated agreement including a provision for binding arbitration of those grievances~ Unless and until agreement is reached through negotiations between the City and the recognized employoee organization for the fire or police department or a determination i~ made through the arbitra- tion procedure hereinafter provided, no existing benefit or condition of employment for the - members of the fire department or police depart- ment barqai»lng unit shall be eliminated or changed~ Section 4. Impasse Resolution Procedures. All disputes or controv~rsies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith nego- tiations between the City and either the fire or police department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the r~cogni~ed eu~loyee orgariization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy er grievance ~hall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to pro- ceed to arbitrationo The third member of the Arbitration Board shall be selected by agree- ment between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator ~""!.d Chairman of the Hoard. In the event that the arbitrators selected by the City and the em- ployee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, t~en either party may request the State of California Conciliation Service to -2- provide a list of seven (7) persor-: who are qualified and experi~nced aa labor arbitrators. If the arbitrators selected by the City and the employee orqanization cannot aqree within three (3) dAya after receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternately strike names from the list of nominees until only one n4'ne remains and that person shall then become the third arbitrator and chairman of the Arbi:ration Board. 'Any arbitration convened pursuant to thi~ article shall be conducted iu confo.rmance with, subject, and governed by Title 9 of Part 3 of the California Code of Civil P:t·ocedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within auoh time limit as the Beard may establish, a laet offer of settlement on each of the iseuea in dispute. The Arbitration Board shall decide each iasue by majority vote by selecting whichever last offer of eottlement on that issue it find• most nearly conforms with those factors tradi- tionally taken into consideration in the determination of wages, hour•, and other tei:-ms and condition• of public and private amployment, including, but not lirr~ted to, c.~an9ea in the average consumer price index for sooda and services, the wages, hours, and other terms and conditions of employment of other employee~ performing similar services, and the financial condition of the City and ita ability to meet the co•t of the award. After reaching a deciaion, the Arbi- tration Board shall mail or otherwiae deliver a true copy of ita deoiaion to the partiee. The decimion of the Arbitration Board shall not b4 publicly diaclosed and ahall not be bindin9 until ten (10) days after it i• de- livered to the parties. During that ten day pe~iod the parties may meet privately, attempt to r•solva their differancea, and by mutual agreement amend or modify any of the deciaiona of the Arbitration Board, At the conoluaion of the ten day period, which may be extended by mutual aqreement between the partiaa, the deciaion of the Arbitration Board together with any mnendmenta or modifications agreed to by the partiea shall be publicly diacloaed and •hall l>e binding upon the parti,ea.. '!'he City and thG :teQogniaed employee organization ehall take whatever action 11 nec~•sary to cArry out and effectuate the award. The expense of any arbitration con- vened pursuant to this article, includin9 the fee for the ••rvicea of the Chairman of the Arbitration Soard, ahall be borne equally by the partion. All other expenaaa which the -3- . . • •• parties may incur individually are to be borne by the party incurring such expenses. SECTION 3. The City Clerk hereby is directed to cause said proposea charter amendment to be published once in the PALO ALTO TIMES, a newspaper of general circulation within the City of Palo Alto, and all editions thereof during the day of publication, said advertising in said newspaper to be completed not less than fo~~Y (40) nor more than sixty {60) days prior to the date fixed for said election1 Said City Clerk hereby also is directed to cause copies of said charte't' amendment to be printed in convE:nient pamphlet form and in type of not less than 10 point and to cause copies thereof to be mailed to each of the qualified electors of the City of Palo Alto1 And said City Clerk also shall publish all such other notices and do all such other things as may be required to submit this nleasure to said electors at said election. SECTION 4. The Board of su~~rvisors of the County of Santa Clara hereby is requested to order the consolidation of said election with the direct primary election to be held on June 6, 1978, and to authorize the Registrar of Voters of Santa Clara CoWlty to provide necessary services including canvass relating to the election. SECTION s. The Council finds that this is not a project as defined in Section 11.04.130 of the Palo Alto Municipal Code and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: March 13, 1978 AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Sher, Witherspoon NOES: None ABSTENTIONS: None ABSENT: HendP.rson Si _, 44 ' APPROVED AS TO FORM: ~~= CyAttaej -4-