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Home My WebLink About09892ORDINANCE NO. 9892 AN ORDINANCE EXTENDING THE TERM OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES FOR A ONE-YEAR PERIOD COMMENCING JANUARY 1, 2022 THROUGH DECEMBER 31, 2022 WHEREAS, the corporate authorities of the City of Pueblo and the sole and exclusive bargaining agent of Pueblo Association of Government Employees negotiated a collective bargaining agreement commencing January 1, 2020 (the “Agreement”); and WHEREAS, the Agreement was reduced to writing, signed by the parties, and enacted by Ordinance pursuant to the requirements of Section 8-14(l) of the Charter of the City of Pueblo, Colorado; and WHEREAS, the Agreement includes a provision that allows the City to extend the contract for two successive one-year terms; and WHEREAS, section 3-17 of the City Charter requires that every Council act fixing compensation shall be by Ordinance; and WHEREAS, Article 10, Section 20 of the Constitution of Colorado (the TABOR Amendment) could be interpreted to require that compensation for each year of the Pueblo Association of Government Employees collective bargaining agreement be authorized by separate Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The term of the current collective bargaining agreement by and between the City of Pueblo and the Pueblo Association of Government Employees is hereby extended for an additional one- year term from January 1, 2022 through December 31, 2022 on the same terms and conditions contained therein, except that wages during the extended term shall be as provided or otherwise determined pursuant to Section 15.1 of the Agreement and health insurance shall be as provided or otherwise determined pursuant to the parties Amendment to the Agreement with respect to a self-funded health benefit plan. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 22, 2021. Final adoption of Ordinance by City Council on March 8, 2021 . President of City Council Action by the Mayor: ☒ Approved on March 10, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 22, 2021 TO: President Lawrence W. Atencio and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar Robert P. Jagger, Sr. Assistant City Attorney Marisa Pacheco, Human Resources Director SUBJECT: AN ORDINANCE EXTENDING THE TERM OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES FOR A ONE-YEAR PERIOD COMMENCING JANUARY 1, 2022 THROUGH DECEMBER 31, 2022 SUMMARY: Attached is a proposed Ordinance which would extend the current negotiated collective bargaining agreement between the City of Pueblo and Pueblo Association of Government Employees (“Agreement”) for the calendar year 2022. PREVIOUS COUNCIL ACTION: Ordinance No 9683, approved March 12, 2020, approving and enacting the Agreement. The Agreement includes a provision that allows the City to extend the contract for two successive one- year terms. Ordinance No 9683, approved March 12, 2020, extended the Agreement for the first one-year term. BACKGROUND: In 2019, the City of Pueblo and Pueblo Association of Government Employees negotiated a Collective Bargaining Agreement (the “Agreement”). The Agreement was reduced to writing, signed by the parties, and enacted by Ordinance. The Agreement includes a provision that allows the City to extend the contract for two successive one-year terms. In 2020, the City exercised its right to extend the contract for the first one-year term. Article 32, Term of Agreement, provides that the decision to extend the term of the Agreement for the second one-year term shall be made th by the City Council on or before the 15 day of March 2021. The extended term for 2022 would be upon the same terms and conditions, except that wages during the extended term shall be as provided or otherwise determined pursuant to Section 15.1 of the Agreement and health insurance shall be as provided or otherwise determined pursuant to the parties Amendment to the Agreement with respect to a self-funded health benefit plan. Wages are determined pursuant to Section 15.1 and would provide for an increase in an amount equal to the Regional Adjustment (.84) multiplied by the CPI Index (1%) or .84%. For purposes of the foregoing calculation, the following terms have the following meanings: “Regional Adjustment” means the quotient obtained by dividing the 2020 average annual cost of living index for the Pueblo, CO Metro (Pueblo Urban Area) by the 2020 average annual cost of living index for the Denver-Aurora-Lakewood CO Metro (Denver Urban Area). The average annual cost of living index for each area shall be the composite index of the same name as published by the Council for Community and Economic Research (C2ER); and “CPI Index” means the percentage increase for the period from January 2020 to January 2021 according to the following CPI index published by the United States Department of Labor’s Bureau of Labor Statistics: Population Coverage: CPI-W Area Coverage: Denver-Aurora-Lakewood Colorado Series Items: All Items Base Period: 1982-1984=100 FINANCIAL IMPLICATIONS: As determined pursuant to Section 15.1 of the Agreement, wages would be increased by .84% percent with a cost of approximately $143,687.08 (including associated salary-related benefits). Health insurance will be determined in accordance with the Amendment. The amounts will be determined prior to the end of this calendar year subject to the following requirements: Plan design shall be determined by a majority vote of the Benefits Committee; provided, however, if no majority vote is cast or if the plan and benefits selected will result in any increase in the current premiums, the Mayor shall determine and select such plan and benefits. The City’s percentage share of premiums including the current maximum dollar amount the City must contribute toward any premium (“Contribution Cap”) shall be continued. The City and Union shall share equally in the costs of any premium increase approved by the Mayor, and the Contribution Cap shall be adjusted accordingly. BOARD/COMMISSION RECOMMENDATION: Not Applicable to this Ordinance. STAKEHOLDER PROCESS: This wage increase is consistent with that negotiated and agreed to during collective bargaining agreement negotiations with the Pueblo Association of Government Employees. ALTERNATIVES: If the City Council shall fail to extend the term of the Agreement, the parties would commence negotiations for a successor agreement and all provisions would be subject to negotiations. RECOMMENDATION: City Administration recommends approval of this Ordinance. Attachments: Proposed Ordinance