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HomeMy WebLinkAbout11027 City Clerk's Office Item # S7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 25, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Roger Gomez, Councilor SUBJECT: AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2025, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PUEBLO TO REQUIRE BINDING INTEREST ARBITRATION FOR THE OTHER CLASSIFIED EMPLOYEES BARGAINING UNIT SUMMARY: Under City Charter, there are the following three bargaining units: (a) fire fighters, (b) police officers, and (c) other classified employees. Attached is a proposed Ordinance which would require binding interest arbitration for the other classified employees bargaining unit instead of a vote of the people. PREVIOUS COUNCIL ACTION: In 1998, a citizen-initiated petition placed a charter amendment on the ballot to require binding interest arbitration for resolution of interest disputes between City and its Police and Fire bargaining units. include the other classified employees bargaining unit general services was not stated in the petition. City Council passed a resolution in opposition to the charter amendment. The basis for ns respecting wages and other terms and conditions of employment involve spending of City of Pueblo's tax revenue and affect the City of Pueblo's spending priorities, and WHEREAS, it would be inappropriate to place such decisions in the hands of an outside person who has no City Council has never previously considered proposing a charter amendment to expand binding interest arbitration to the other classified employees bargaining unit. City Council has, however, considered proposing a charter amendment to remove binding interest arbitration with respect to Police and Fire and return it to original charter language that existed prior to the 1998 amendment. This proposal failed after significant public testimony by the unions in opposition. BACKGROUND: Under the proposed charter amendment, the City Charter would be amended to require binding interest arbitration for the other classified employees bargaining unit instead of a vote of the people. FINANCIAL IMPLICATIONS: The financial implications of any future bargaining impasse would be determined by an arbitrator under the factors set forth in Charter as opposed to a vote of the people. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: RECOMMENDATION: None. ATTACHMENTS: 1. Charter Amendment Redline ORDINANCE NO. __11027___ AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2025, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PUEBLO TO REQUIRE BINDING INTEREST ARBITRATION FOR THE OTHER CLASSIFIED EMPLOYEES BARGAINING UNIT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the general municipal election to be held on November 4, 2025, an amendment to the Charter of the City of Pueblo, as follows: (brackets indicate matter being deleted, underscoring indicates new matter being added): Section 8-14(m). Request for Collective Bargaining Collective bargaining shall not be requested or initiated except during the last calendar year of a collective bargaining agreement, providing that if no collective bargaining agreement then exists between the corporate authorities and the sole and exclusive bargaining agent for a bargaining unit, collective bargaining shall not be requested or initiated more than once during a calendar year. Written notice requesting a meeting for collective bargaining shall be served upon the other party on or before \[the first day of April of such calendar year, except that for fire fighter and police officer bargaining units the written notice shall be served on or before\] June 21 of such calendar year. . . . Section 8-14(q). Impasse Resolution for Fire Fighter, \[and\] Police Officer and the Other Classified Employees Bargaining Units Unless specifically referred to hereafter, the provisions of Section 8-14(e) through 8-14(k) shall not apply to the fire fighter, \[and\] police officer and the other classified employees bargaining units. Instead, any impasse in negotiations shall be resolved pursuant to Section 8-14(r) through 8-14(v). SECTION 2. This ballot title (submission clause and title) for the proposed Charter Amendment set forth in Section 1 hereof is hereby fixed and adopted as follows: BALLOT QUESTION NO. _____ - CHARTER AMENDMENT (Require binding interest arbitration instead of vote of the people for the other classified employee bargaining unit) SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO COLLECTIVE BARGAINING FOR THE OTHER CLASSIFIED EMPLOYEES BARGAINING UNIT BE AMENDED TO REQUIRE ALL UNRESOLVED ISSUES RELATING TO WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BE DECIDED BY BINDING ARBITRATION INSTEAD OF BY VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF PUEBLO, AND TO PROVIDE THAT THE ARBITRATOR SHALL CHOOSE EITHER THE FINAL OFFER OF THE CITY OR THE FINAL OFFER OF THE EMPLOYEE BARGAINING AGENT ON EACH SUCH ISSUE? ______ YES ______ NO SECTION 3. The City Council does hereby find, determine and declare that the ballot title set forth in Section 2 hereof fairly expresses the true meaning and intent of the referred Charter amendment. SECTION 4. The officials of the City are authorized and directed to take all actions necessary, appropriate or required, to implement the provisions of this Ordinance. The City Clerk is directed to publish notice of election of the proposed Charter Amendment in conformity with the provision of C.R.S. 1-7.5-101 et seq. and C.R.S. 31-2-210(4) and to certify the Ballot Title to the Pueblo County Clerk and Recorder by no later than sixty days before the November 4, 2025 coordinated election, as provided by C.R.S. 1-5-203(3) and C.R.S. 31-2-210 (3.5). SECTION 5. 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 August 11, 2025. Final adoption of Ordinance by City Council on August 25, 2025. President of City Council Action by the Mayor: Approved on . 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 _______ President of City Council ATTEST City Clerk