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Home My WebLink AboutRESO 5524• e ORIGINAL RESOLUTION NO. 5524 RESOLUTION OF THE COUNCIL OF THE CITY OF PMO AlfO EXPRESS ING APPRECIATION TO ALFRED E. LUCllES I -UPON HIS RETIREMEhf WHEREAS, Alfred E. Luchesi retired on December !6, 1977 as Motorized Equipment Mechanic after fou:teen years of conl1nuous secvtce with the C1ty of Palo Alto; and WHEREAS, the City Council is proud of h1s work performance and appreciative of his efforts and dedication toward municipal servtces; NOW, THEREFORE, BE ~T RESOLVED that the Coun~!l of the City of Palo Al~o hereby gratefully records its &ppreciation as well as the appreciation of the citizens of this coumunity for faithful service rPndered to the City and extends to Alfred E. Luchesi its sincere best wishes for a long and happy retirement. INTRODUCED AND PASSED: M.isrch 13, 1978 AYE.-, -Brenner• Carey, Clay, Eyerly, Fazzi · l • Fletcher• Sher, Witherspoon NOES: None ABSENT: Henders0n Cit / APPROVED AS TO FORM: ::SED: _j o/= Mayor against the City, said employee shall be dis- missed from his or her employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, coWlcil or commission shall have the power to grant amnesty to any employee charged with engaging in a f. trike against the City. Section 3. Obli~ation to Ne9otiate in Good Faith. The City, throug its duly authorized representa- tives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and other terms and conditions of City employment~ including the establishment of procedures for the resolution of grievances sub- mitted by either employee organization over the interpretation or applicatio:1 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 employee organization for the fire or police department or a deterrnina~ion ia 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 bargain~ng unit shall be eliminated or changed. Section 4. Impasse Resolution Procedures. All disputes or controversies 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~CO'::Jlli=ed ezr~loyee organization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or 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 arbitration. The thirumember 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 ·~he neutral arbitrator ~'"'l.d Chairman of the Board. 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) perso~~ who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot a9ree within three (3) dAya after receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternately strike ramea from the list of nominees until only one n&ine 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 conformance with, subject, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within •uch time limit aa the Board may establish, a last offer of settlement on each of the iaauea in dispute. The Arbitration Soard sh~ll decide each issue by majority vote by aelectinq whichever laat offer of sottlement on that i&aue it finds most nearly conforms with tho&fi factors tradi- tionally taken into conaideration in the dete%1nination of wagea, houra, and other texma and conditions of public and private.smplcyment, including, but not li:r~ted to, chan;e• in the averaqe consumer price index for goods and services, the wages, hours, and other terms and condition& of employment of other employee~ performing similar servicea, and the financial condition of the City and ita ability to meet the coat of the award. After reaching a decision, the Arbi- tration Board shall mail or ot:herwi•e deliver a true copy of it• deciaion to the parties. The decimion of the Arbitration Board ahall not btl publicly disclosed and shall not b& binding ur.~il ten (10) days after it i• de- livered to tha partieae During that ten day pe~iod th~ parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the deciaiona of the Arbitration Board, At the conclusion of the ten day period, which may be extended by mutual agreement between the parties, the deciaion of the Arbit1:ation Board to;ether with any amendment• er modifications agreed to by the parties shall be publicly diaclo•ed and ahall be binding upon the parties. The City and the reoog~ized employee or9anization ahall take whatever action ia neca&1ary to carry out and effectuate the award. The expense of any arbitration con- vened pursuant to thia article, including the fee for the aervicea of the Chairman of the Arbitration Board, •hall be borne equally by the p&rtiee. All othe~ expenaea 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 puhlication, said advertising in said ,,e,,.spaper to be completed not less than forty (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 charter 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 Alto; And said City Cle~k also shall publish all such other notices and ~o all such other things as may be required to submit this measure to said electors at said election. SECTION 4. The Board of Supervisors of the County of Santa Clara hereby is requested to order the consolidation of said election with the direct primary ~lection to be held on June 6, 1978, and to authorize the Registrar of Voters of Santa Clara County to provide necessary services including canvass relating t.o 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 environmentaJ-impact assessment is necessary. INTRODUCED AND PASSED: March 13, 1978 AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Sher, Witherspoon NOES: None ABS'l·~NTIONS: None ABSENT: Henderson E;' SY .. MaYOr')) .... v APPROVED AS TO FORM: i/rl~- -4-