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HomeMy WebLinkAbout15273 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