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HomeMy WebLinkAbout10758RESOLUTION NO. 10758 A RESOLUTION APPOINTING A PERMANENT PANEL OF ARBITRATORS REQUIRED BY SECTION 8- 14(s)(3) OF THE CHARTER OF THE CITY OF PUEBLO WHEREAS, the City charter amendments adopted by vote of the people on November 3, 1998, require that any issues which are not settled through negotiations between the City of Pueblo and the sole and exclusive bargaining agents for the police and fire bargaining units are to be resolved by decision of an arbitrator rather than by vote of the people; and WHEREAS, those Charter amendments also require that the City Council establish a panel of at least three (3) arbitrators from which the arbitrator is chosen to resolve a dispute; and WHEREAS, the City Charter provides that the Council may add and remove names to the list at any time; and WHEREAS, the original permanent panel of arbitrators was limited to those labor arbitrators who were members of the American Arbitration Association ( "AAA ") and who were residents of the State of Colorado; and WHEREAS, the original permanent panel of arbitrators consisted of ten arbitrators which number has been reduced to four due to a variety of reasons but primarily because either (a) the arbitrator has dropped his panel membership with AAA, or (b) the arbitrator does not reside in the State of Colorado; and WHEREAS, it is necessary to expand the permanent panel of arbitrators to include additional AAA labor arbitrators who are qualified and have experience in resolving public sector interest arbitration, whether they reside in the State of Colorado or not; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following persons are appointed and shall constitute the permanent panel of arbitrators under section 8- 14(s)(3) of the City Charter: DIFALCO, John P., Esq. GOLDSTEIN, Elliott H., Esq. MACLEAN, Harry N., Esq. MOORE, Harold E. , Esq. RANDALL, Geraldine M., Esq. SASS, John F., Esq. VAUGHN, M. David, Esq. WINOGRAD, Daniel M., Esq. SECTION 2. These appointments shall become effective immediately upon final passage. BY Jeff Chostner Councilperson APPROVED: �•� President of City Council ATTESTED BY: CITY CLERK INTRODUCED June 12, 2006 �&©.itfI© - ?S8 , Background Paper for Proposed RESOLUTION AGENDA ITEM # a (p DATE: June 12, 2006 DEPARTMENT: Law Department TITLE A RESOLUTION APPOINTING A PERMANENT PANEL OF ARBITRATORS REQUIRED BY SECTION 8- 14(s)(3) OF THE CHARTER OF THE CITY OF PUEBLO ISSUE Should the City Council approve the Resolution which expands the number of arbitrators on the panel of arbitrators from four (4) to eight (8)? Approve the Resolution. BACKGROUND The City charter amendments adopted by vote of the people on November 3, 1998, require that any issues which are not settled through negotiations between the City of Pueblo and the sole and exclusive bargaining agents for the police and fire bargaining units are to be resolved by decision of an arbitrator rather than by vote of the people. The Charter amendments also require that the City Council establish a panel of at least three (3) arbitrators from which the arbitrator is chosen to resolve such disputes. The first and all subsequent panels consisted of all qualified and interested arbitrators who were members of the Colorado labor panel of the American Arbitration Association ( "AAA "). The original panel in 1999 consisted of ten such arbitrators. Over time, this number has been reduced to four due to a variety of reasons but primarily because either (a) the arbitrator has dropped his panel membership with AAA, or (b) the arbitrator has relocated out of the State of Colorado. Given the decrease in the number of arbitrators on the current panel of arbitrators, it is recommended that the panel of arbitrators be expanded from four (4) to eight (8) and include the following four (4) additional AAA labor arbitrators who are qualified and have experience in resolving public sector interest arbitration, whether they reside in the State of Colorado or not: GOLDSTEIN, Elliott H., Esq. MOORE, Harold E., Esq. RANDALL, Geraldine M., Esq. VAUGHN, M. David, Esq. FINANCIAL IMPACT None