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Resolution 09836CITY OF ALAMEDA RESOLUTION NO. 9836 PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA ON MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF A PROPOSAL TO AMEND SAID CHARTER, VIZ: BY AMENDING ARTICLE XXVII THEREOF TO INCORPORATE GENERAL ARBITRATION LAW FOR FIREFIGHTERS AND TO MORE PRECISELY DEFINE THE SCOPE OF ARBITRATION; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 2, 1982 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as foliows SECTION 1. The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda by amending Article XXVII thereof to incorporate general arbitration law for firefighters and to more precisely define the scope of arbitration, to read as set forth in the notice entitled, "Proposed Amendments to the Charter of the City of Alameda." SECTION 2. The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified electors of the City of Alameda, at the Special Municipal Charter Amendment Election hereinafter provided for, a proposal to amend the Charter of the City of Alameda set forth in said notice hereinafter set forth in Section 3 of this resolution and designates and refers to said proposal as the proposal to be set forth in the form of ballot hereinafter prescribed for use at said Special Municipal Charter Amendment Election. SECTION 3. The City Clerk of the City of Alameda is hereby ordered and directed to cause said proposed amendments to the Charter of the City of Alameda to be published once, not less than forty (40) and not more than sixty (60) days prior to the date of the Special Municipal Charter Amendment Election hereinafter provided for, in the ALAMEDA TIMES-STAR, the official newspaper of said City, and in each edition thereof during the day of publication, said newspaper being a newspaper of general circulation published at least six days a week in said City of Alameda; and such publication may be in substantially the following form: PROPOSED AMENDMENTS to THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election November 2, 1982 (Consolidated with State General Election) The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda: D-1. By amending Article XXVII, Compulsory Arbitration for Fire Department Employee Disputes, to read: ARTICLE XXVII Compulsory Arbitration for Fire Department Employee Disputes Sec, 27-1. Declaration of Policy. It is hereby _ declared to be the policy of the City of Alameda that strikes by fire fighters are not in the public interest and are prohibited, and that a method should be adopted for peace- fully and equitably resolving disputes that might otherwise lead to such strike. Sec. 27-2. Prohibition Against Strikes. If any fire fighter employed by the City of Alameda willfully engages in a strike against the City, said employee shall be dismissed from his or her employment and may not be reinstated or returned to City employment. No officer, board, council or commission shall have the power to grant amnesty to any employee charged with engaging in a strike against the City. Sec. 27-3. Definitions, (A) "Financial benefits" shall mean monthly base salaries; all supplementary cash entitlements paid directly to employees; and health, insurance, retirement, vacation, holiday and sick leave benefits. (B) "Employee Organizations" shall mean any employee organization representing employees below the rank of Assistant Chief. Sec. 27-4. Obligation to Negotiate in Good Faith, The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire department employee organization on all matters related to financial benefits. Sec. 27-5. Impasse Resolution Procedures. All disputes or controversies pertaining to financial benefits only which remain unresolved after good faith negotiations between the City and the fire denartment employee organiza- tion shall be submitted to an arbitration upon the declaration of an impasse by the City or by the recognized fire department employee organization. -2- Sec. 27-6. Procedure. Any arbitration convened pursuant to this article shall be conducted in conformance with, subject, and governed by Title 9 of Part 3 of the California Code of Civil Procedure except that either party may elect to use three (3) arbitrators, one picked by each party and one neutral arbitrator. Sec. 27-7. Costs. The costs of the neutral arbitrator and court reporter shall be borne equally by the parties. All other expenses which the parties incur individually, including but not limited to witnesses, subpenas, attorney's fees and travel expenses therefor, shall be borne by the party incurring such expenses. Sec. 27-8. Enforcement, Enforcement of arbitration awards hereunder shall be consistent with Section 17-17 of this Charter. (Effect: Section 27-1 is unchanged. Section 27-2 deletes "except as a new employee" after "employment" in the first sentence. Section 27-3 adds a definition of "financial benefits" and "employee organizations". Section 27-4 re- numbers and amends Section 27-3 which previously read: The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire de- partment employee organization on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution through binding arbitration of grievances over the interpretation or application of any negotiated agreement. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department bargaining unit shall be eliminated or changed." Sections 27-5, 27-6 and 27-7 replace present Section 27-4 which reads: All disputes or con- troversies pertaining to wages, hours, or terms and condi- tions of employment which remain unresolved after good faith negotiations between the City and the fire department employee organization shall be submitted to a throe -member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized fire department employee organiza- tion. Representatives designated by the City and representatives of the recognized fire department employee organization shall each select ono arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee 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, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are quaified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days 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 name remains and that person shall then become the third arbitrator and chairman of the Arbitration Board; Any arbitration convened pursuant to this article shall be conducted in 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 such time limit as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settle - ment on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the deter - mination 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 ability to meet the cost of the award. After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the 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 period the parties may meet privately, attempt to resolve their dif- ferences, and by mutual agreement amend or modify any of Lhe decisions of the Arbitration Board At the conclusion of the ten day period, which may be extended by mutual agree- ment between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award. The expenses of any arbitration convened pursuant to this article, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses. Section 27 -8 is added to reference Section 17 -17.) The Council of the City; of Alameda hereby proposes to and does, hereby on its own motion submit to the qualified electors of said City at a Special Municipal Charter Amendment Election to be held in said City on Tuesday, November 2, 1982 (which said election will be consolidated with the General Election of the State of California to be held on Tuesday, November 2, 1982), the following proposal. - toamendsaidCharter,in the manner hereinabove specifically set forth, as follows AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE D Shall the Charter of the City of Alameda be amended by rewriting Article XXVII to incorporate general arbitration law for firefighters and to more precisely define the scope of arbitration? Said amendment will be accomplished by amending Article XXVII of said Charter, all as fully set forth in Resolution No. of the Council of the City of Alameda. YES I hereby certify that the foregoing Charter amendment proposal was ordered submitted to the qualified electors of the City of Alameda by the Council of the City of Alameda. Dated: SECTION 4. (a) A Special Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, November 2, 1982 for the purpose of submitting to the qualified electors of said City said proposal set forth in Section 3 of this resolution to amend the Charter of said City as in said proposal in this resolution provided and as hereby submitted to the Council of the City of Alameda on its own motion. (b) Said Special Municipal Charter Amendment Election hereby called shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined as herein provided, and in all particulars not pre- scribed in this resolution, said Special Municipal Charter Amendment Election shall- be held as provided for in the Charter of said City and in all particulars not provided for therein said election shall be held as provided by law for the holding of Special Municipal Elections in the City of Alameda, and otherwise in accordance with the Elections Code of the State of California. (c) Al] persons qualified to vote at municipal elections in said City of Alameda on the day of the election herein provided for shall be qualified to vote upon said amendments hereby proposed by the Council of the City of Alameda on its own motion and sub- mitted at said Special Municipal Charter Amendment Election. (d) The polls at the polling places hereinafter designated for said Special Municipal Charter Amendment Election shall be opened at 7:00 a.m. of said day of election, and shall be kept open continuously thereafter until 8:00 p.m. of said day of election when the polls shall be closed (except as provided in Section 14436 of the Elections Code), and the election officers shall thereupon proceed to canvass the ballots cast thereat. (e) Said Special Municipal Charter Amendment Election shall be and is hereby consolidated with the General Election of the State of California to be held in said City on the date of said Special Municipal Charter Amendment Election hereby called, and the election precincts, polling places and voting booths shall in every case be the same, and there shall be only one set of elec- tion officers in each of said precincts; and the precincts, polling places and officers of election for said Special Municipal Charter Amendment Election shall be the same as those to be selected and designated by the Board of Supervisors of the County of Alameda, State of California, for said General Election of the State of California in said City of Alameda by resolution or ordinance of the aforesaid Board of Supervisors relating to the holding and conducting of the General Election of the State of California, to which resolution or ordinance reference is hereby made for a designation of the precincts, polling places and election officers for the Special Municipal Charter Amendment Election hereby called. (1) Only one form of ballot shall be used at said General Election of the State of California and said Special Municipal Charter Amendment Election hereby consolidated therewith, which, in addition to all other matters required by law to be printed thereon, shall state the measures set forth in Section 8 hereof. (g) Each voter may vote on any one or more of the proposed Charter amendments. To vote in favor of a proposal to amend the Charter of the City of Alameda a voter shall so indicate in the blank space opposite the word "YES" on the ballot to the right of the proposal, and to vote against said proposal a voter shall so indicate in the blank space opposite the word "NO" on the ballot to the right of said proposal. The votes cast for and against the proposed charter amendment shall be counted separate and apart from all other measures to be submitted at the Special. Municipal. Charter Amendment Election hereby called for the purpose of sub - mitting said charter amendments, and if a majority of the qualified voters voting on a proposed charter amendment vote in favor thereof, such charter amendment shall be deemed ratified. (h) The returns of said election shall be canvassed, made out and signed by the election officers so designated by the Board of Supervisors, County of Alameda, and the results thereof ,trans- mitted to the City Clerk of Alameda, and City Council thereof, who shall declare the result thereof in accordance with the Charter of the City of Alameda and the laws of the State of California. SECTION 5. Said proposed hereof shall be set forth in the of the Special Municipal Charter with the General Election of the on Tuesday, November 2, 1982, to required by Section 22835 of the California. amendments set forth in Section 3 election proclamation and notice Amendment Election consolidated State of California to be held be published in the time and form Elections Code of the State of SECTION 6. The City Clerk_ of the City of Alameda is hereby authorized and directed (1) to cause copies of the text of said proposed charter amendments to be printed in convenient pamphlet form and to cause copies thereof to be mailed to each of the qualified electors of said City, and (2) until the day fixed for said special municipal election to advertise daily in the ALAMEDA TIMES - •STAR, a newspaper of general circulation in said City, a notice that copies of said pamphlet may be had on application therefor. Said notice may be in substantially the following form. NOTICE OF AVAILABILITY OF CHARTER AMENDMENTS NOTICE IS HEREBY GIVEN to the qualified electors of the City of Alameda that pamphlet copies of the amendments, proposed by the City Council on its own motion, to the Charter of, the City of Alameda amending Article XXVII of said Charter to incorporate general arbitration law firefighters and to more precisely define the scope of arbitration, are on file in the office of the City Clerk, City Hall, Alameda, California, and may be had on application therefor. T» the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled DO the 70th of July, 1982, by the following vote to wit: AYES: Councilmen Diament, Gorman and Stone - 3. NOES: President Corica - 1. ABSENT: Councilman Sherratt - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of July, 1982. City Clerk of the ' � Of .- lameda