HomeMy WebLinkAbout10416ORDINANCE NO. 10416
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, 2024,
THROUGH DECEMBER 31, 2024
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, 2023 (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, 2024 through December 31, 2024 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 implement 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 27, 2023.
Final adoption of Ordinance by City Council on March 13, 2023 .
Vice President of City Council
Action by the Mayor:
☒ Approved on March 15, 2023 .
□ 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 # R10
Background Paper for Proposed
Ordinance
February 27, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Nicholas Gradisar, Mayor
Robert Jagger, Deputy City Attorney
Marisa Pacheco, Director Human Resources
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,
2024, THROUGH DECEMBER 31, 2024
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 2024.
PREVIOUS COUNCIL ACTION:
Ordinance No 10212 (June 27, 2022) approving and enacting the Agreement. The
Agreement includes a provision that allows the City to extend the contract for two
successive one-year terms.
BACKGROUND:
In 2022, 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.
Article 32, Term of Agreement, provides that the decision to extend the term of the
Agreement for the first one-year term shall be made by the City Council on or before the
th
15 day of March 2023. The extended term for 2024 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 (.845) multiplied by the CPI Index 6.3 or 5.3%.
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
5.3% percent with a cost of approximately $1,361,485 (including associated salary-related
benefits and step increases). 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:
None