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City Clerk's Office Item # M17
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: June 12, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Robert Jagger, Deputy 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, 2014
and 2016.
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
Robert G. Stein
Mario F. Bognanno
Unfortunately, arbitrators Mario F. Bognanno and Robert G. Stein are not available to
serve on the panel. Following review and recommendation of Fisher and Phillips, LLP,
a national law firm with significant experience in the area of public sector labor
relations, arbitrators Howell L. Lankford and Mark W. Suardi are hereby recommended
to replace said arbitrators.
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 Mario F. Bognanno and Robert G. Stein prior to the first
negotiation session between the parties which would generally occur in June of 2023.
RECOMMENDATION:
City administration recommends approval of this Resolution.
ATTACHMENTS:
1. Arbitrator biographies
RESOLUTION NO. 15273
A RESOLUTION APPOINTING A PANEL OF ARBITRATORS
REQUIRED BY SECTION 8-14(S)(3) OF THE CHARTER OF THE
CITY OF PUEBLO
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
Howell L. Lankford
Mark W. Suardi
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 implement the policies and procedures described
herein.
SECTION 4.
This Resolution including the appointments hereunder made shall become effective
immediately upon final passage.
INTRODUCED: June 12, 2023
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK