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Home My WebLink About05620AS AMENDED 7/23/90 ORDINANCE NO. 5620 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 1990, AMENDMENTS TO THE CHARTER OF THE CITY OF PUEBLO RELATING TO PERSONNEL ADMINISTRATION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1_ All actions heretofore taken by the City Council and officers of the City, not inconsistent with the provisions of this Ordi- nance and toward the special municipal election to be held on November 6, 1990 be, and the same are hereby ratified, approved and confirmed. SECTION 2. There is hereby submitted to the registered electors of the City, at the special municipal election to be held November 6, 1990, amendments to the Charter of the City as set forth in Sections, 3, 4 and 5 hereof. SECTION 3_ Section 8 -9 of the Charter of the City of Pueblo is amended to read: Section 8 -9. Prohibitions - No person in the Classified Service of the City or seeking admission thereto shall be ap- pointed, promoted, reduced, removed or in any way favored or discriminated against because of his race or his political or religious opinions or other affiliations or non - affiliations; provided that it shall be permissible and it shall not be in violation of this Charter for the City to enter into an agree- ment with the sole and exclusive collective bargaining agent for the classified employees in a bargaining unit, which requires the payment by the classified employees in a bargaining unit to said sole and exclusive collective bar- gaining agent of an amount not to exceed the normal dues and assessments required of members of said sole and exclusive collective bargaining agent if seventy -five percent (75 %) or more of the classified employees in a bargaining unit voting in an election conducted by the Civil Service Commission approve including such a provision in any collective bargain- ing agreement entered into between the City and said sole and exclusive collective bargaining agent. No person shall will- fully or corruptly make any false statement, mark, rating or report in regard to any test, certification, or appointment held or made under the personnel provisions of this Charter or in any manner commit or attempt to commit any fraud pre- venting the impartial execution of such personnel provisions or of the rules and regulations made thereunder. Any employee of the [Classified Service] City desiring to run for [public office] or to seek appointment to public office as an elective officer defined in Section 2 -3 of this Charter shall take a leave of absence during such campaign and if elected or appointed shall cease to be employed by the City. No person seeking appointment to or promotion in the Classified Service of the City shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion, or proposed promotion. No person shall orally, or by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the Classified Service of the City. [No] Except in furtherance of such erson's own candidacy for public office, no person holding a position in the Classified Service of the City shall make any contribu- tion to the campaign funds of any political party or any candidate for public office or take part in the management, affairs, or political campaign of any political party or any candidate for public office, further than in the exercise of his right as a citizen to express his opinion and to cast his vote. The above prohibitions shall be in accord with Section 2 -8. The ballot title for said Charter Amendment shall be: CHARTER AMENDMENT NO. 1 Shall Section 8 -9 of the Charter of the City of Pueblo be amended to permit an employee of the City to campaign for and hold public office (except as a member of the City Council, Civil Service Commission or Board of Water Works of Pueblo, Colorado) while an employee of the City? YES NO -2- SECTION 4. Section 8- 14(a) (1) of the Charter of Pueblo is amended to read: [(1) The term "fire fighters" shall mean the members and positions of the classified service of the fire department of the City of Pueblo at the time of adoption hereof, including the positions of Assistant Fire Chief, Fire Captain, Fire Engineer, Fire Fighter Corpsman, Fire Prevention Inspector, Fire Fighter I, Fire Fighter II, Fire Fighter III and Fire Fighter IV.] (1) The term "fire fighters" shall mean all fire fighting personnel in the classified service of the depart- ment of fire employed by the City of Pueblo, with the excep- tion of Assistant Fire Chiefs. The ballot title for said Charter Amendment shall be: CHARTER AMENDMENT NO. 2 Shall Section 8- 14(a)(1) of the Charter of the City of Pueblo be amended to remove Assistant Fire Chiefs from the collective bargaining unit? YES NO SECTION 5. Section 8 -14(i) of the Charter of the City of Pueblo is amended to read: [The arbitrator shall conduct the hearings and render his recommendations upon the basis of a prompt, peaceful and just settlement of all unresolved issues between the sole and exclusive collective bargaining agent and the corporate authorities. The factors to be given weight by the arbitra- tor in arriving at a decision shall, if applicable and relevant, include: (a) Comparison of wage rates, hours, terms and condi- tions of employment of the classified employees in the bargaining unit with prevailing wage rates, hours, terms and conditions of employment of skilled employees of the building trades and industry in the local operating area involved. -3- (b) Comparison of wage rates, hours, terms and condi- tions of employment of the classified employees in the bargaining unit with the wage rates, hours, terms and conditions of employment of similar employees in the cities and towns of at least equal size to Pueblo in the State of Colorado. (c) Interest and welfare of the public and the finan- cial ability of the corporate authorities to finance the cost items proposed by each party. (d) Comparison of peculiarities of employment in regard to other trades or professions, specifically: (1) Hazards of employment (2) Physical qualifications (3) Educational qualifications (4) Mental qualifications (5) Job training and skills (6) Degree of responsibility exercised (7) Work schedules (8) Experience requirements (e) Other similar standards recognized in the resolu- tion of interest disputes.] The arbitrator shall base his recommendations only upon the following factors: (a) First, fiscal priorities and policies established by the City Council. (b) Second, comparison of salary, hours, terms, bene- fits and other conditions of employment of the classified employees in the bargaining unit with the salary, hours, terms, benefits and other conditions of employment of persons employed by employers in the private sector within the City of Pueblo. (c) Third, comparison of salary, hours, terms, benefits and other conditions of employment of the classified employees in the bargaining unit with the salary, hours, terms, benefits and other conditions of employment of similar employees in cities of comparable size and economic condi- tion as the City of Pueblo in the State of Colorado. The ballot title for said Charter Amendment shall be: -4- CHARTER AMENDMENT NO. 3 Shall Section 8 -14(i) of the Charter of the City of Pueblo be amended to provide that the arbitrator's recommendations shall be based only upon the following factors: fiscal prior- ities established by the City Council, compari- son of salaries and other conditions of employ- ment with those of employees employed by em- ployers in the private sector within the City of Pueblo, and comparison of salaries and other conditions of employment with those of similar employees employed by cities of comparable size and economic condition as the City of Pueblo in the State of Colorado? YES NO SECTION 6 The City Clerk shall within thirty (30) days of the date of adoption of this Ordinance and not less than thirty (30) days nor more than one hundred and twenty (120) days prior to the special municipal election, publish notice of the election upon the Char- ter Amendments once in the Pueblo Chieftain (a daily newspaper of general circulation in the City), which notice shall contain the full text of the proposed amendments to the Charter as contained in Sections 3, 4 and 5 hereof. Such notice may be given separate- ly or combined with any notice of the special municipal election. SECTION 7_ This Ordinance shall take effect immediately upon final pass- age. ATTEST: BY FAY KASTELIC Councilperson APPROVE P of he Counci City erk INTRODUCED July 9 , 1990 Wis