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8-14(s)(3) of City Charter are hereby rescinded.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