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Home My WebLink About2007 Ordinance No. 046• • • ORDINANCE NO.~ SERIES OF 2007 BY AU111ORITY COUNCll.. Bll..L NO . 47 INTllODUCED BY COUNCll.. MEMBER WOODWARD AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT-1981, SECTION 137:S "Subjecu for collective barpinina" AND THE ADDmON OF A NEW SECTION 137 :9 "Deductions allowable from payroll compensation" OF THE ENGLEWOOD HOME RULE CHARTER . WHEREAS, Michele Auatin, Ben Aycrigg. Ann Margaret Aycrigg. Cynthia Webb and Phil Webb have submitted an initiative petition ; and WHEREAS, the Enalewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Enalewood City Council after the City Clerk certifies the validity and aufficiency of auch initiative petition; and WHEREAS, the Enalewood City Clerk has certified the validity and sufficiency of the initiative petition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD, COLORADO , THAT : ~-There is hereby aubmitted to the reaistered electors of the City of Enalewood at the next ,,:hr.<luled municipal election on November 6, 2007 a proposed amendment to the Home Rule Charter of the City of Enalewood, to read as follows : OugtionNo Shall Article XV , ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1981 . of the Home Rule Charter of the City of Enalewood, Colorado be amended by changi ng Se ,on 137 :S and by addina Section 137:9 as follows : 137:S Subjeds for collective barplalac. (•) Mandatory Subjects . The City and the certified employee representative shall have the mutual obligation to neaotiate and barpin in aood faith over the foUowina mandatory aubjecu : waaea, hours, vacation, inaul'lnce ( contribution levels and levela of benefita only), holidays, adminillrative leave, penonal leave, military leave, diubility leave, f\lneral leave, ._ •••11i1a, arievance reaolution procedwe (includina COiia and expemes auociated therewith), non- State or Fedenlly rqpilaled or IDIDdaled pension or n,ti,-i proviaiona (coatributi011 levels only), owr-dme pay formilu, wortc uniform provili0111, IClina pay, loapvit,v, tnmfer procedun, procedurea for IUIJ)Olllion, demotion and dllCharp, 11111 ~ 1-1-. That the 1111in11111-. ofbeneflta sba1I -1- 11 bll also be considered a mandatory subject Wider this Section for the period covering up to and including December 31, 1984, after which it will become a permissive subject . (b) Non-Negotiable Subjects . The following subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining : any subject pre- empted by State or Federal law or by City Charter; State or Federally regulated or mandated pension provisions; administration of insurance pn,grams, selection of insurance carrier including self-insurance; matters delegated by Charter to any board or commission of the City; all matters relating to classification, recruitment , hiring, examination and cenification of appointment to a position and appeals based thereupon; promotions out of the bargaining unit. (c) Permissive Subjec t< Collective bargaining upon any other subject (i.e ., not mandatory or non-negot iable) is ;1ennissiv, and may be conducted if mutual),· agreed to by the panics . 137:9 Deductions allowable from payroll compensadou . No payroll deduction shall be tak,n from the payroll compensation of any employee except for deductions required by Federal Law ; judicial liens and garnishments, including court-ordered child support , domestic support and ,mi.itenance obligations and paym '.<1ls; deductions for employee benefits and pensions as established by law for such employee ; and deductions for contributions to charities and org .nizations exempt from Federal Income Tax under Sec . S0l(c)(3) of the Int<>~ .al Revenue Code of 1986 Provided that, any such employee authorizing a ch, ritablo deduction shall provide written authorization consenting to such cha.11able deduction, at least annually. A charge may be assessed to a cluuitable organization that receives the benefit from the payroll deduction to offset the cost for this service . Yes No ~-Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voling m,chine or by the appropriate marking upon paper ballots where used . ~-The proper officiais of the City of Englewood shall give notice of said nex.t scheduled municipal election, such notice shall be published in the nw,ner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained , determined, and certified as required by law. ~ Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State . • • • • • • ~-If any section, p&rae,aph, clau,e, or other ponion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remainina ponfons of this Ordinance. Introduced, read in full, and J)USed on first reading on the 6th day of Au811St, 2007 . Published u a Bill for an Ordinance on the 10th day of Au811St, 2007. Read by title and PUied on final reading on the 20th day of August , 2007. Published by title as Ordinance No.~. Series of 2007, on the 24th day of August , 2007. I, Loucrishia A. Ellis , City Cleric of the City of Englewood, Colorado, hereby cenify that the abo ve and foregoing is a true copy of the Ordinance passed on final reading and '"'"""'""''•""-••<!\<>,-~< Loucrishia A. Ellis -3- • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 6, 2007 11 a ii Proposed Bill for an Ordinance submitting to the registered elec tors of the City of Englewo od a Charter Initiative amending Tide XV (Englewoo d Employee Relations and Career Service Act) of the Home Rule Charter of the City of Englewood , Colorado, by changing Section 137 :5 and by add ing Section 13 7:9. Initiated By: I Staff Source: City Clerk's Offi ce 1 Loucrishia A. Ellis, City Clerk City Attorney's Office Dan Brotzman, City Attorne y COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION Approve the proposed Bill for an Ordinance placing this issue on the Novembe r 6, 2007 ballot. As the Charter Initiative Petition has been declared valid and suftkien~ and the City Clerk has certified those results to City Council, the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder. On June 8, 2007 a statement of intent to circulate a Charter Initiative Petitio n was fil ed with the City Clerk's Office in accordance with State Statute § 31-2-210 (i) (a) (I). The deadline to turn in th e petition was August 8, 2007 by 5:00 p.m. and they needed at least 880 valid signatures of City of Englewood registered electors . On June 11 , 2007 the City Clerk certified the Charter Initiative Petition as to form . On July 27, 2007 the Charter Initiative Petition was filed with the City Clerk 's Office, with the report disclosing the amount paid to the circulators (in accordance with CRS § 31-11 -113). CRS § 31-2-210 (3) .. .lf the petition is sufficien~ the governing bod y shall set a ballot title for the pr oposed amendment at its next meeting . FINANCIAL IMPACT The proposed ballot question will be placed on th~ ballot at the City's November 6, 2007 General Municipal Election . The cost of this additional ballot question would Include costs associated with an additional publication requirement and reprinting of the Charter, If the Issue passes. Funds are available In the existing City Clerk's budget LIST OF ATTACHMENTS Statement of intent to circulate a Charter Initiative Petition . Memo to Mayor Wolosyn and City Council, dated August 2, 2007, certifying the validity and sufficiency of the Petition . Proµosed BIii for an Ordinance . • • • • • • June 4,2007 Loucrishia A. Ellis MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood, CO 801 10 Dear Ms. Ellis: CITY CLERIJ CITY OF ENGL6(IODD IOOO ENGLEWOOD PARKWM' ENGLEWOOD, CO 80110 . ~M~ We are expressing our intent to circulate a petition to amend the Charter City Of Englewood for the November 6, 2007 election to protect city employees' paychecks from unauthorized access. The proposed Amendment to the City Charter as follows: CTIY OF ENGLEWOOD, COLORADO AN AMENDMENT TO THE ENGLEWOOD CHARTER TO PROVIDE THAT THE USE OF THE CTIY PAYROLL SYSTEM SHALL BE LIMITED TO DEDUCTIONS SPECIFICALLY REQUIRED BYLAW AND TO CHARITABLE ORGANIZATIONS WITH AN ANNUAL WRITIEN AUTHORIZATION WHEREAS, city government should not use taxpayer resources to duplicate services that can be provided by the private sector; and, WHEREAS, city government has no business knowing the financial decisions or personal business of its employe•)S, who deserve to have their privacy protected; and, WHEREAS, fairness dictates that all city employees should be asked first, and an employee's clear permission be received, before deductible contributions are made to any organization; and, WHEREAS, city employees should be empowered with the opportunity to reaffirm important financial decisions on an annual basis; Title XV (Englewood Employee RP:iations and Career Service Act) of the Home Rule Charter of the City of Engl~wood, Colorado, is hereby amended by changing Section 137:5 and by adding Section 137:9, as follows: 137:5 Subjects for collective bargaining. (a) Mandatory Subjects. The City and the certified employee representative shall have the mutual obligation to negotiate and bargain in good faith over the following mandatory subjects: wages, hours, vacation, insurance (contribution levels and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funeral leave, !i111!1! !ieil11111!ie11, grievance resolution procedure (including costs and expenses associated therewith), non-State or Federally regulated or mandated pension or retirement provisions (contribution levels only), over-time pay formulas, work uniform provisions, acting pay, longevity, transfer procedure, procedures for suspension, demotion and discharge, and education incen tives. That the maintenance of benefits shall also be considered a mandatory subject under this Section for the period covering up to and including December 31, 1984, after which it will become a permissive subject. (b) Non-Negotiable Subjects. The following subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining: any subject pre- empted by State or Federal law or by City Charter; State or Federally regulated or mandated pension provisions; administration of insurance programs, selection of insurance carrier including self-insuranct>; matters delegated by Charter to any board or com miss ion of the City ; all matters re lating to classification , recruitment, hiring, examination and certification of appointment to a position and appeals based thereupon; promotions out of the bargaining unit. (c) Permissive Subjects . Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. 137:9 Deductions allowable from payr01, compensation. No payroll deduction shall be taken from the payroll compensation of any employee except for deductions required by federal law; judicial liens and gijrnishments, including court-ordered child support, domestic support and maintenance obligations and payments; deductions for employee benefits and pensions as established by law for such employee; and deductions for contributions to charities and organizations exempt from federal income tax under sec . 501(c)(3) of the Internal Revenue Code of 1986 . Provided that, any such employee autho ri zing a charitabl e deduction shall provide written authorization consenting to such charitable deduction, at least annually. A charge may be assessed to a charitable organization that receives the benefit from the payroll deduction to offset the cost for this service . You can contact either ofus at the following address(es) or contact number(s). Michele Austin 3110 S. Williams Englewood, CO 80113 303 -76 -9 558 Ben Aycrigg 3131 S. Williams Englewood, CO 80133 Ann Margaret Aycrigg • • • I , • • • 3131 S. Williams Englewood, CO 80113 Cynthia Webb 2162 E. Dartmouth Ave Englewood., CO 80113 (303) 781-7292 Phil Webb 2162 E. Dartmouth Ave Englewood., CO 80113 (303) 781-7292 Signed: , \;{\. \..l.. '<'<"-L'-''-.. .f\~ C~~ Michele Austin / Ask Fir st Eniilewo od • • • MEMORANDUM TO: FROM : Date: Lou Ellis City Clerk Kerry Bush /;;> Deputy City Clerk August 02, 2007 Regarding: Initiative Petitions verification Lou, The petitions for the Charter Initiative were submitted on July 27, 2007. The total number of signatures verified were : 1533 The total number of signatures accepted were: 973 The total number of signatures rej~cted were : 560 Th ,~ total number of accepted signatures exceeds the required number, WI lch is 880 signatures . Please let me know If you requ ire additional Information . • • • RECEIVED July 27, 2007 CllY OF ENGL~wnoo, co JUL 2 7 2007 OFFICE OF Loucri1hia A Ellis MMC City Cleric City of Englewood THE CITY CLERK ,~ I 000 Englewood Parkway Englewood, CO 80110 Dear Ml. Elli s: Ask First Englewood is submitt ing 1886 signatures to place the Ask First Dues Deduction Charter petition before the City nfEnglewood voters . The services of Kennedy Enterprises were retained to gather the before mentioned sigruitures . They were paid a total of $4S00 to gather them . The breakdown of signatures by petition gathers for them are as follows: Circulator name Donald Martinez Robert Kernan Arlene A)ers Henry (Albie) Hurst Vll'ginia Scanlon Scott Lamm Total Signatures Gathered 98 964 564 14S 6S so If you oave any questions you may contact : Kennedy Enterprises 104S Garden of the Gods Road , Suite G Colorado Sprinr s, CO 80907 r:Jo Dan Kennedy 719-S22-1101 Dan@kcnnedyenterprises .us Sincerely, 11\. ~,~~'-""--~s--,,.~ r.fich~Ue Aultin Alie First Englewood • • • MEMORANDUM TO: FROM: DATE; Mayo, Wolosyn and City Council Members Loucrishia A. Ellis , City C,erj!J August 2, 2007 SUBJECT: Charter lnltl,tlve Petition State of Colorado ) , ss County of Arapahoe ) I, ~, .. .._ .. , do ho~by -~ • ..,~,,., • Co1o~do Ro,i, .. s1a1u., §31~ • '10(3), lhot ,._ Ch,rt,, lom,,.,. -... filod wl~ tho Cl~ Clo,t•, 01ff<e °" J,/Y27, 2007 h" beoo ~-'""II hh "'" -•• lo b, "lld ,Od '"""'""'· ~tf., lo crlshla A. Ellis, City Clerk Attachments : Memo f. 11 Deputy City Clerk Bush dated August 2, 2007 Report dated J:i/y 27, 2007 disclosing the amount paid to the circulator (in u:-cordance With CRS § 31 -11 -113) cc : Gary Sears, City Manager Dan Brotzman, City Altomey Frank Gryg/eWicz, Director of Finance and Admlnlstra11ve Services