HomeMy WebLinkAboutRESO 55719 ORIGINAL
!illSOLUTIOU NO. 5571
RESOLUT!Ol1 OF TUE councn. OF Tim CITY OF PALO ALTO
DECI.ARIHG THr: RESULTS OF THE SPECJ.AL MUNICIPAL
ELECTION HF.LO on JUNE 6. 1978
WHEREAS. on June 6, 1978, the City Council of the City of Palo
Alto, County of Santa Clara, did cause to be submitted to tl'.e legal
voters of said city at a special election, consolidated with the
direct primary election of the State of California, duly called and
held in and for said city the following questions:
"Shall the Charter of the City of Palo Alto be
amended to provide for four·year staggered terms
for members of the Board of Education, with
elections in odd numbered years?"; and
"Shall the Charter of the City of Palo Alto be
amended to add thereto a new Article V, to re-
quire compulsory arbitration of fire and police
department employee disputes?"
WHEREAS, due and legal notice of said special election was
given as required by law; and
\mEREAS, on the 6th day of June, 1978, at the hour of 7:00
o'clock in the morning of said day the polls were duly and regularly
opened for said special election in said city and said polls were
continuously kept open for said purpose from the time they were so
opened until 8:00 o'clock in the evening of said day; and
WHEREAS, on .July 17, 1978, the Council of the City of Palo Alto
met at its usual place of meeting and did then and there canvass the
returns of said special municipal election and declare the results
thereof;
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION 1. The Council finds and declares that:
(a) A special election was duly and regularly held on June 6,
1978. in all things according to the Charter of the City of Palo
Alto, Resolutions No. 5519 and 5523, and the election laws of the
State of California
(b) The whole number of votes cast in the City at said con-
solidated election, including votes cast upon absentee ballots, as
shown on the Abstract of Vote provided by the Registrar of Voters,
was 24,513.
(c) On the question to amend the Charter of the City of Palo
-Alto, Article VIII-A, Board of Education. Section 2 (b) and Section
2 (c), the votes cast thereon were as follows:
For the .Amendment:
Against the Amendment:
17,712
2. 733
(d) On the question to amend the City Charter by adding
Article V concerning compulsory arbitration for fire department
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and police department employee disput~s
were as follows
For the Amendnent
Against the Arnend~cnt
the votes cast thereon
12 002
8 934
SEC!!ON_~. The Council finds and declares that the question
to amena the Charter of the City of Palo Alto to provide for four-
year stag~ered terr.ls for members of the Board of Education. w:i.th
elections in odd numbered years. did receive the approval of a
majority of the electors of the City voting on said question at
said special election and that said question has be~n legally
approved and carried and that Sections 2 (b) and 2 (c) of Article
VIII-A of the Charter of the City of Palo Alto shall. upon filing
with the Secretary of State. be amended to read as shown on the
attachoent hereto,
SECTIOU 3. The Council finds and declares that the question
to arnena the Charter of the Ci.tY of Palo Alto to add thereto a new
Article V, to require compulsory arbitration of fire and police
department employee disputes, did receive the approval of a
majority of the electors of the City voting on said question at
said special election and that said question has been legally
approved and carried and that 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 shown on the attachment hereto
SECTI0N 4. Attached herero and incorporated herein as E~IIBIT
11A11 is the statement of the rest;lt, as required by Section 22933
of the Elections Code of the State of California
INTRODUCED AND PASSED: July 17, 1978
AYES: Brenier, Carey, Clay, Eyerly, Ftzz1no, Fletcher, Henderson, Sher,
Witherspoon
NOES: NOne
ABSTENTIONS: None
ABSEUT: None
APPROVED: c=-;£21;_~
Mayor ~
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AMENPMENTS TO THE CHARTER OF THE CITY OF PALO ALTO
(App~oved by the Vote~~ at a Special Etect~on
on June 6 , 19 7 8 )
ARTICLE VIII-A. Boa~d 06 Education, Sect~on 2,
(b) and (cJ iA amended to ~ead a~ 6ollow4:
"Cb} Time of election. The election and recall of members
of the board of educticm shall be held at the times and in tho .
manner provided by the Education Code of the State of Cali-
fornia."
"(c) Term of office. The term of office of the members of
tha board of education shall be four years from and a!ter the
first day of April sui:ceeding their election and until their
""Successors are elected and qualified. The term of office of the
member of the board of education which commenced July 1,
1975, shall expire March 31, 1979. The term of office of the
member of the board of education which commenced April 1,
19n, shall expire March 31, 1981. The te1m of office cf the
member of the board of education which commenced April 1,
1978, shall expire March 31, 1983."
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11ARTICLE V. COMPULSORY ARBITRATION FOR FIRE ANO
POLICE DEPARTMENT EMPLOYEE DISPUTES.
Section 1. Declaration of Policy. It Is hereby deciared to
be the policy of the City of Pa!o Alto that strikes by firefighters
and peace officers are not in the public in'terest and should
be prohibit~d. and th~t a method should be adcpted for
peacefully and equitabiy resolving disputes that might other·
wise iead to such strikes.
Section 2. Prohibition Against Strikes. If any firefighter
or peace offlc~r employed by the City of Palo Alto wi!ful!y
engages in a strike agai!'lst the City, said· employee shall be
dismissed from his er her employment and may not be rein·
stated or returned to City employment except as a new em·
ployee. No officer, board, council or commission shall have
the power to grar.t <:tmnesty to any employee charged with
engaging in a strike against the City.
Section 3. Obligation to Negotiate in Good Faith. The City,
through its duly authorized representatives. shall negotiate in
good faith with the recognized iire and police department
employee organizations on all matters relating to the wages,
hours, and other terms and conditi;ins of City employment,
Including the establishment of procedures for the resolution
of grievances submitted by either employee organization over
the Interpretation or application of any negotiated agreement
including a provision for bind!ng arbitration of those griev-
ances. Unless and until agreement is reached through negotia-
tions between the City and the recognized employee organi-
zation for the tire or police department or a determination is
made through the arbitration procedure hereinafter provided,
no existing benefit or condition of employment for the mem-
bers cf the fire dt:}partment or police department bargaining
unit shall be eliminated or changed.
Sectfon 4. Impasse Resolution Procedures. All disputes
or controversies pertaining to wages, hours, or terms and
conditions of employment which remain unresolved after good
faith negotiations between the City and either the fire or police
depc>.rtmcnt employee organization shall be submitted to a
three-member Board of Arbilrators upon the declaration of an
impasse by the City or by the recognized empluyee orgar.iza~
tion involved in the dispute.
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Representatives desiqnotcd by the City and representatives
of the recognized employc>c org~nizntion involved in the dis·
pute, controversy or grievnnce shall each select one arbitraior
to the Board of Arbitr~tort> within three {3) days after either
party has notified the other, in writing, that it desires to pro·
ceed to arbitration. Tho third member of the Arbitration Board
shall be selected by agreement between the two arbitrators
selected by the City and the employee organiz&tion, and shall
serve as the neutral arbitrntor and Chairman of the Board. In
the event that the arbitrators selected by ttie Git)' and the
1amployee organization cannot agree upon the selection of the
third arbitrntor within ten {10) days from the date that either
party has notified the other that it has declared an imp~sse,
then either party may request the State of California Concilia-
tion Service to pmvide a list of seven (7) persons who are
qualified and exoerienced as labor arbitratcrs. If the arbitrators
selected by the City and the employee organization cannot
agree withln three {3) days after receipt of such list on one
of seven {7) to act as the third arbitrate·.·, they shall alternately
.strike names from the list of nominees until only one name
remains and that person shall then become the third arbitrator
ind' chairman of the Arbitration Board.
Any arbitration convened ptJrsuant to this article shall be
conducted in conformance with, subject to, and governed by
Title 9 of Part 3 of the California Code of Civil Procedure.
At. the conclusion Df the arbitration hearings, the Arbitration
Board shall direct each of the parties to submit, within such
time limit as the Board may establish, a last offer of settlement
on each if tt1e issues in dispute. The Arbitration Board shall
decide each . issue by majority vote by selecting whichever
last offer of settlement on that issue it finds most nearly con~
forms with those factors traditionally taken into consideration
In the determination of wages, hours, and other terms and
conditions of public and private employment, including, but
not limited to, changes in the average consumer price index
for goods and services, the wages, hours, and other terms and
conditions of employment of other employees performing
similar services, and the financial condition of the City and its
abil!ty to meet the cost of the award.
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After reaching a decision, the Arbitration Board shall mall
or otherwise deliver a true copy of its decision to the parties.
The decision of tht.• Arbitration Board shall not be publicly
disclosed and shall not be binding until ten (10) days after it
Is delivered to the parties. During that ten day per;od the par-
ties may meet privately, attenipt to !'e$Olve their differences,
and by· mutual agreement amend or modify any of the cieci-
sioM of the Arbitration Soard. At the conclusion of the ten
day period, which may be exte.nded by mutual agret>ment
between the parties, the decision of the Arbitration Board
together with any amendments or modifications agreed to by
the parties shal! be publicly disclosed and shall be binding
upon the parties. The City and the recognized employee or-
g1mlzatlon shall take whatever action is necessary to carry
out and effectuate the award.
-The expense of any arbitration convened pursuant_ to this
article. including the fee for the ser.iices of the Chairman of
. the Arbitration Board, shali be borne equally by the parties.
AU other expenses which the parties may incur individually are
_to be borne by the party i:icurring such expenses.
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. MEASURE C _
Cify of J'alo )llto
CALIP'OANIA
94301
OFFICIAL RESULTS
OF SPECIAL ELECTION
HELD JUNE 6, 1978
MEASURES C AND 0
EXH18IT A
Amendments to City Charter, Article VIII-A, Board of Education,
Section 2, (b) and (c)
For the Amendment:
Against t~.e Amendment:
MEASURE D
17,712
2,733
Amen~nt to the Charter of the City of Palo Alto adding a new Article V,
Compulsory Arbitration for Fire and Police.Department Employee Disputes,
to the Charter of the City of Palo Alto
For the Amendment:
Aga1~st the Amendment:
12,002
8,984
a.;,_}~
Ann J. /Tann e1t
CUy ClVLk
Attac.hme.n.t.6: R~g.l.6tJta..'t o 6 Vot'?.li.' .6 c.e.Jtt.i..6..lca.t.e.
Ab4 .t1t.a.c.-~. o & Vote
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CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
)ss:
COUm'Y OP SANTA CLMA)
I, George A. Mann, Registrar of Voters and
Recorder of the County of ~anta Clara, Seate of Cali-
fornia, do hereby certify that at the Pri~acy Election
held on June 6, 1978, a Special Municipal Election,
consolidated therewith r was held for _~he Cit~ ef Palo
Alto for the purpose os submitting Measures C and "D"
to the '"oters of said City. '
That the official canvass of the returns of
·said election was conducted by the office of the Re1is-
trar of Voters in accordance with the appro?riate pro-
visions of the Elections Code of the State of California;
and
That hereto attached i~ a full. true and correct
statement of the votes cast at said Special Charter Revi-
sion Election.
WITNESS my hand and Official Seal
this 3otlday of June, 1978
(SEAL)
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