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Resolution 12302CITY OF ALAMEDA RESOLUTION NO. 12302 PROPOSING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF ALAMEDA, UPON MOTION OF THE CITY COUNCIL, AMENDING SECTION 17-17 OF THE ALAMEDA CHARTER REGARDING THE RIGHT TO VOTE ON CERTAIN FINANCIAL ISSUES CAUSED BY BINDING ARBITRATION AND REPEALING ARTICLE XXVII REGARDING COMPULSORY ARBITRATION FOR FIRE DEPARTMENT EMPLOYEE DISPUTES AND ADOPTING A NEW ARTICLE XXVII REGARDING PROHIBITING FIRE FIGHTER STRIKES AND REQUIRING BINDING ARBITRATION OF DISPUTES OVER SALARY AND DIRECTING THE PROPOSALS BE PLACED ON THE BALLOT IN THE NOVEMBER GENERAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA ON TUESDAY, NOVEMBER 3, 1992 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALAMEDA as follows: Section 1. The City Council, on its own motion, hereby proposes to repeal Article XXVII of the Alameda City Charter (the "Charter") related to compulsory arbitration for Fire Department employee disputes in its entirety, and to adopt a new Article XXVII related to arbitration of Fire Department salary disputes and to amend section 17-17 of Article XVII of the Alameda City Charter related to reserving the right of the voters to approve any financial burdens occasioned by binding arbitration. Section 2. As provided in Section 1 above, a new Article XXVII is proposed to read as follows: "ARTICLE XXVII IMPARTIAL AND BINDING ARBITRATION FOR FIRE DEPARTMENT EMPLOYEE DISPUTES Section 27-1 Declaration of Policy. It is hereby declared to be the policy of the City of Alameda that strikes by firefighters are not in the public interest and are prohibited, and that a method should be adopted for peacefully and equitably resolving disputes. Section 27-2 Prohibition Against Strikes. If any firefighter employed by the City of Alameda 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. Section 27-3 Obligation to Meet and Confer in Good Faith. The City, through its duly authorized representative, shall meet and confer in good faith with the City recognized Fire Department employee organization representing the classifications of Firefighter, Apparatus Operator, Fire Lieutenant, and Fire Captain, (the "Bargaining Unit ") on all matters relating to the wages, hours, and other terms and conditions of City employment as provided for in Government Code Section 3505. Unless and until agreement is reached through meet and confer between authorized representatives of the City and the Bargaining Unit or a determination is made through the impartial arbitration procedure hereinafter provided, no existing regular monthly salary range for represented Bargaining Unit employees shall be changed. Section 27 -4 Impasse In Negotiations. All disputes or controversies pertaining to regular monthly salary range which remain unresolved after good faith meetings and conferring between the City and the Bargaining Unit shall be submitted to a three - member Board of Arbitrators upon the declaration of an impasse by the City or by the Bargaining Unit involved in this dispute. Section 27 -5 Appointment of Three Member Arbitration Board. Representatives designated by the City and representatives of the Bargaining Unit (hereinafter collectively referred to a "parties ") involved in the dispute shall each select and appoint one 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 City and the Bargaining Unit and shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the Bargaining Unit involved in the dispute cannot agree upon the selection of the neutral arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the City and the Bargaining Unit cannot agree within three (3) days after receipt of such list on one of seven (7) persons to act as the neutral arbitrator, they shall alternately strike names from the list of nominees until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Board. Section 27 -6 Arbitration Hearing Procedures. Any arbitration proceeding pursuant 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. The Arbitration Board shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Arbitration Board, in the exercise of its discretion, may meet privately with the parties and mediate or mede -arb issues in dispute. Section 27-7 Final Offers; Criteria for Arbitration Award. In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit within such time limit as the Arbitration Board may establish a last offer of settlement on regular monthly salary range issues in dispute. The Arbitration Board shall decide the issue by majority vote by selecting whichever last offer of settlement on the issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of regular monthly salary range, including, but not limited to the following: the financial condition of the City of Alameda and its ability to meet the costs of the decision of the Arbitration Board without adversely affecting City services; changes in the average consumer price index for goods in the Bay Area and services; private sector labor settlements; supply and demand of applicants in the labor pool for Fire Department positions; the wages, hours, benefits and terms and conditions of employment of employees performing similar services; the State and Bay Area unemployment rates and economic conditions of the Bay Area. Section 27-8 Submission of Awards. 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 the ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their difference, and by mutual agreement amend or modify the decision of the Arbitration Board. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties except as provided in Article 17, Section 17-17. Section 27-9 Arbitration Expenses. The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the chairperson of the Arbitration Board and the costs of preparation of the transcript of the proceedings 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 3. As proposed in Section 1 above, a new Section 17- 17 of Article XVII is proposed to read as follows: Section 17-17. In order to protect the taxpayers of the City from incurring additional financial burdens which may be imposed on the taxpayers as a result of binding arbitration, approval of the voters shall be required as set forth in this section. Any other provision of this Charter notwithstanding, no regular monthly salary created by binding arbitration shall be paid by the City that has not been approved by a resolution of the City Council unless and until additional revenues and appropriations therefor have been approved by a vote of the people pursuant to Proposition 13 (Cal. Const. Art. XIIIA, Sec.4) and are found to be within the appropriation limits set out in Proposition 4 (Cal. Const. Art. XIIIB (Sec.4). The City Council shall not be required to call such an election more than once a year and may consolidate said election with elections held for other purposes. Section 4. The City Council hereby proposes to and does hereby on its own motion, pursuant to Government Code section 4080(a) (2), submit these proposals to the qualified electors of the City of Alameda in an election to be consolidated with and voted upon at the November 3, 1992 general election. Section 5. The proposals shall be designated on the ballot as "Proposed Charter Amendment of the City of Alameda" and shall be set forth, as follows: MEASURE Proposed Charter Amendment of the City of Alameda Shall the City Charter of the City of Alameda be amended to prohibit tax increases without voter approval : YES due to binding arbitration related to fire fighters regular monthly • NO • salary range and to prevent fire • • • fighter strikes by adopting such binding arbitration provisions? The amendment will be accomplished by repealing existing Article XXVII, adopting new Article XXVII and by amending Charter Section 17-17 as more fully set forth in Alameda City Council Resolution No. 12302. • Section 6. The City Council hereby requests the Alameda County Board of Supervisors (the "Board") consolidate the election on the Measure with the statewide general election to held on November 3, 1992. Section 7. The Board is hereby requested to make its order and to take such other and further proceedings as may be necessary to effect the consolidation of said election with the statewide general election all in accordance with the laws of the State of California regulating and providing for the consolidation of elections. Section 8. The Board is hereby authorized and empowered to canvass the returns of the election on the Measure and to certify the results thereof, that only one form of ballot shall be used, and that said consolidated elections shall be held in all respects as if there were only one election. Section 9. The consolidated election shall be held and conducted, election officers appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued and all other proceedings incidental to and connected with the election shall be regulated and done, all in accordance with the provisions of law regulating the statewide election. Section 10. The City Clerk is hereby authorized, instructed and directed to provide the Alameda County Registrar of Voters with all pertinent information and material as required. Section 11. The City Clerk shall publish, or shall provide for the publication of, any notices as required by Division 14 of the Elections Code and in particular section 22835. Section 12. Upon completion of the election and canvassing of the ballots and the results declared, the City Clerk shall certify the results of the election in the records of proceedings of the City Council at the next regular meeting. Section 13. The City Clerk is hereby directed to file, immediately a certified copy of this resolution with the Alameda County Board of Supervisors and with the Alameda County Clerk. Ballot:PB3 Rev: 8/03/92 I, 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 on the 4th day of Auaust , 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth an President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of August , 1992. Diane B. Felsch, City Clerk City of Alameda