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Resolution 12299CITY OF ALAMEDA RESOLUTION NO.12299 PROPOSING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF ALAMEDA, UPON PETITION OF QUALIFIED VOTERS, ENLARGING THE SCOPE OF BINDING ARBITRATION FOR FIRE FIGHTERS AND DELETING PROVISIONS REQUIRING VOTER APPROVAL OF ADDITIONAL FINANCIAL BURDENS AS A RESULT OF BINDING ARBITRATION; AND DIRECTING THE PROPOSAL BE PLACED ON THE BALLOT IN THE NOVEMBER GENERAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA ON TUESDAY, NOVEMBER 3, 1992 WHEREAS, the City of Alameda has received a petition proposing to amend the City Charter; and WHEREAS, said petition has been certified by the City Clerk as being sufficient. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALAMEDA as follows: Section 1. The City Council hereby accepts said petition for the amendment of the City Charter. Said petition 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 enlarging the scope of binding arbitration for fire employees to include, in addition to financial benefits, all matters related to wages, hours and work conditions and to repeal, in its entirety, 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 Policv. It is hereby declared to be the policy of the City of Alameda that strikes by firefighters are not in the public interest and should be cr prohibited, and that a method should be adopted for peacefully ,-CD and equitably resolving disputes that might otherwise lead to Eti ;r such strikes. > Section 27-2 Prohibition Aaainst Strikes. If any firefighter 2 employed by the City of Alameda willfully engages in a strike against the City, said employee shall be dismissed from his or CL her employment and may not be reinstated or returned to City employment except as a new employee. 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 Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with recognized fire department employee organizations on all matters related to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of grievances concerning the interpretation of application of an negotiated agreement. Unless and until agreement is reached through negotiations between authorized representatives of the City and a recognized employee organization for the fire department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit, term or condition of employment for said fire department employees shall be altered, eliminated or changed. Section 27-4 Impasse in Negotiations. 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 a fire 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 recognized employee organization involved in the dispute. Section 27-5 Amointment of Three Member Arbitration Board. Representatives designated by the City and representatives of the recognized employee organization 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 employee organization, and shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the recognized employee organization 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. The Arbitration Board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process. 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 each of the remaining issues in dispute. The Arbitration Board shall decide each 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 wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services; the wages, hours, benefits and terms and conditions of employment of employees performing similar services; and the financial condition of the City of Alameda and its ability to meet the costs of the decision of the Arbitration Board. 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. The City and the employee organization shall take all actions necessary to carry out and effectuate the arbitration award. Notwithstanding any other provision of the Charter, no other actions by the City Council or by the electorate to confirm or approve the decision of the Arbitration Board, or any part or provision thereof, shall be permitted or required. Section 27-9 Arbitration Exmenses. 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 27-10 Action by the City Council. It is the intent of this Article to conclude all phases of the negotiation, mediation and arbitration process prior to the beginning of a fiscal year. After consultation with the affected employee organization(s) the City Council shall have the limited authority to adopt procedures by resolution or ordinance which provide a timetable for the submission of contract proposals, the selection of arbitrators, the holding of hearings, and the issuance of arbitration awards. Section 3. As proposed in Section 1 above, Section 17-17 of Article XVII is proposed to be repealed as follows: Section 17-17. No additional fi be imposed en the taxpayers of thc City as a result of binding fact finding, arbitration or parity, without approval of the vet&re as set forth in this section. Any othcr provision of thin Charter notwithstanding, no wages banefits or employee related eicpc. approved by a resolution of thc City Council until additiena rcvcnuc and appropriatins therefor • have been approved by a vote of thc People pursuant to Proposition 13 (Cal. Cont. Art. XIIIl, Ccc.4) Proposition 4(Cal.Const.Art.XIIIB,Sco.4). ed te call such an election more than once a year and may consolidate said the cicctian with elections hold for other purposes. Section 4. The City Council, pursuant to Government Code section 4080(a)(3), does hereby 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 Alameda City Charter be amended to repeal provisions of the Charter which prevent additional financial burdens from being imposed on taxpayers as a result of binding arbitration without a vote of the . OOOOOOOOOOOOOO : YES : OOOOOO ........ : NO people and to enlarge the scope of such binding arbitration for fire employees to include, in addition to financial benefits, all matters related to wages, hours and work conditions as more fully set forth in Alameda City Council Resolution ? 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. 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 alst day of July , 1992, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: Councilmembers Arnerich, Camicia, Lucas and Roth - 4. President Withrow - 1. None, None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22n9 day of Fii1y , 1992. „„ie 1,101 Diane B. Felsch, City Clerk City of Alameda