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HomeMy WebLinkAbout13410RESOLUTION NO. 13410 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 Robert G. Stein Mario F. Bognanno 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resolutions creating, appointing or amending a panel of arbitrators under Section 8-14(s)(3) of City Charter are hereby rescinded.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 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 11, 2016 BY: Ed Brown City Clerk’s Office Item # M-1 COUNCIL MEETING DATE: April 11, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Robert P. Jagger, Assistant 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, 2009 and 2014. 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. The City’s current panel consists of the following arbitrators: Lawrence T. Holden M. David Vaughn Thomas F. Levak Marshall A. Snider Jay C. Fogelberg Robert G. Stein Unfortunately, the City was recently notified that arbitrator Jay C. Fogelberg will no longer be available to serve on the panel due to his retirement. Following review and recommendation of Fisher and Phillips, LLP, a national law firm with significant experience in the area of public sector labor relations, arbitrator Mario F. Bognanno is hereby recommended to replace arbitrator Jay C. Fogelberg. 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 removing, at a minimum, arbitrator Jay C. Fogelberg prior to the first negotiation session between the parties which would generally occur in June of 2016. City administration recommends against removing only one (1) arbitrator as this will leave an odd number of arbitrators on the panel. When there is an even number of arbitrators on the panel, the City’s final strike will always afford the City a choice between the two remaining arbitrators based upon the requirements of Section 8-14(s)(5), City Charter. RECOMMENDATION: City administration recommends approval of this Resolution. Attachments: Arbitrator Biography