HomeMy WebLinkAbout12925RESOLUTION NO. 12925
A RESOLUTION APPOINTING A PANEL OF
ARBITRATORS REQUIRED BY SECTION 8-14(S)(3) OF
THE CHARTER OF THE CITY OF PUEBLO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
WHEREAS, the City charter amendments adopted by a 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; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following persons are appointed and shall constitute the panel of arbitrators
under Section 8-14(s)(3) of the City Charter:
Lawrence T. Holden
M. David Vaughn
Thomas F. Levak
Marshall A. Snider
Jay C. Fogelberg
Robert G. Stein
SECTION 2.
All prior resolutions creating, appointing or amending a panel of arbitrators under
Section 8-14(s)(3) of City Charter are hereby rescinded.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution to effectuate the policies and
procedures described herein.
SECTION 4.
This Resolution including the appointments hereunder made shall become
effective immediately upon final passage.
INTRODUCED: _ April 14, 2014
BY: Ami Nawrocki
COUNCILPERSON
City Clerk’s Office Item # M-4
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE:
April 14, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: A RESOLUTION APPOINTING A PANEL OF ARBITRATORS REQUIRED BY
SECTION 8-14(S)(3) OF THE CHARTER OF THE CITY OF PUEBLO
SUMMARY:
The proposed Resolution appoints a panel of arbitrators from which one arbitrator is selected to
make binding decisions with respect to all issues not resolved during negotiation of any
successor labor agreement with the police and fire bargaining units.
PREVIOUS COUNCIL ACTION:
This list has been amended previously by resolution of City Council in 2006 and in 2009.
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 a 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.
Based upon a number of arbitrators who have declined or are not available for service on the
panel and pursuant to review and recommendation of Fisher and Phillips, LLP, a national law
firm with significant experience in the area of public sector labor relations, this Resolution and
proposed panel have been drafted. The panel includes the following three arbitrators who have
previously served on the City’s panel:
Lawrence T. Holden
M. David Vaughn
Thomas F. Levak
The panel also includes the following three additional arbitrators:
Marshall A. Snider
Jay C. Fogelberg
Robert G. Stein
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
The citizens of the City are generally the parties most likely affected by the selection of the
panel of arbitrators, and the citizens previously determined such issues before the 1998 Charter
amendment. Although no public input was obtained, the proposed arbitrators were selected
based upon their experience and ability to apply and construe all Charter factors.
ALTERNATIVES:
If the Resolution is not approved, a Resolution will need to be passed with an amended panel of
arbitrators prior to the first negotiation session between the parties which would generally occur
in June of 2014.
RECOMMENDATION:
City administration recommends approval of this Resolution.
PROPOSED MOTION:
This Resolution will be placed on the Consent Agenda.
Attachments:
Arbitrator Biographies