HomeMy WebLinkAbout1995 Ordinance No. 043••
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ORDINANCE NO . i::/!;
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO . 38
INTRODUCED BY COUNCIi.
MEMBER HATHAWAY
AN ORDI NANC E S UBMITI'ING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL
MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF
THE CITY OF ENGLEWOOD, COLORADO REGARDING THE ENGLEWOOD
EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT DEFINITIONS,
BARGAINING RIGHTS, SUBJECTS FOR COLLECTIVE BARGAINING, IMPASSE
RESOLUTION, THE CAREER SERVICE SYSTEM, CAREER SERVICE BOARD ,
DUTIES AND POWERS OF THE CAREER SERVICE BOARD AND EFFECTIVE
DATE -VESTED RIGHTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE
FOR A BINDING ARBITRATIO N PROCESS.
WHEREAS , th e propose d amendm ents "ill provi de for a binding arbitratio n
proces s: and
WHEREAS, the binding arbi tration proces, complies l<ith the standards se t forth
in Gre eley PaUc:e Union v Citv Council of Greeley . 553 P.2d 790 (1976): Ci1und.
County of Denver v Pcnvec Eire Fieblecs I«al M6 1 663 P.2d 1032 l1983 ): Lu1WJw.
Educetioo As59c:iation y Arenaboe County Ssbool District , 553 P.2d 793 (Colo. 1976)
and Regional Tran&DOrtation DiMtirt v Colorodo Penartment pf Lobar end
Emo)ovment Division of Labor 830 P.2d 942 (1992); and
WHEREAS , the proposed process should provide for a fa ir and equitable mean s of
dispute resolutio n ; and
WHEREAS, the power of the Career Service Boa rd to modify is replaced with a set of
standard s which should be more unders tandable and equitable to employees ; and
WHE REAS , the proposed amendm en ts "ill provide for a more cos t effective
me thod of resolving issues: and
WHEREAS , the propo se d amendments provide for acce ptance fo r only a fina l
offer, Mi>l a piece meal decision ; and
WHEREAS , th e City Co unc il, which has been elected by En glewood citizens under
our system of representative democra cy , v.'111 a ppo int th e arbitrat.or from a list of
n am es presen ted joi ntly by th e City Manager and th e Employee Organization ; a nd
WHEREAS, th e City mana6emen t has met with the Engl ewood Employees
Associatio n , Englewood Fire f 1ghters Association and the Engl ewood Police Benefit
As soci ati on and have co me to a •~ntative agreemen t regarding th e pro posed
amendme nts; and
\VHEREAS , the City management has also me t with e mployees not covered by an
a ssociati on, has gone over th e propose d ch a ng es wi th l hem and received th ei r
comme nts ; and
WHEREAS , the Career Service Board held a Public Hearing on the proposed
changes ; and
WHEREAS, modification s have been made to adopt the Career Service Board's
recommendations; and
WHEREAS , the unions , City man,,:ement and the Engl ew ood City Council are of
the opinion that it is in the best interest of all parties to have a mandatory arbitration
proc ess:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
~-There is he reby submitted to tiie registered electors of th e City of
Englewood at the ne xt scheduled general municipal election proposed amendments to
the Charter of the City of Englewood.
If Question No._, is approved by the registered e1ectors , upon ce rtification thereof
to th e office of the Secretary of State of th e State of Co lorado, pursuant to Section 9,
Articl e XX, of the Colorado Con stitution an,1 Section 31 -2-210 Colorado Revised
Statutes, Article XV 01 the Home Rul e Char<.er of th e City of Englewood shall be
amended by repealinl'. antl reenacting the following Sections 137 :2, 137 :3, 137 :5,
137 :6, 138:1, 138:3, 13ll:4 and 138:5 as follows :
137:2 DEFINITIONS
AS UTILIZED IN THIS ARTICLE OF THE CHARTER, THE FOLLOWING
DEFI NITIO NS SHALL BE OBSERVED :
(Al 'APPOINTlNG AUTHORITY". THE APPOINTING AUTHORITY IS
THE CITY .MANAGER.
CB ) "PERMANENT". A FULL-TIME CLASS IFI ED EMPLOYEE WHO HAS
SUCCESSFULLY COMPLETED A PROBATIO NARY PERIOD IN A
CLASS IFIED POSITION AFTER ORIGINAL APPOINTMENT OR
PROMOTION BY THE APPOINTING AUTHORITY . A PERMANENT
EMPLOYEE IS SU BJECT TO THE PROTECTION OF THE CARE ER
SERVICE SYSTEM .
(C) "C LASSIFIED SERVICE ". ALL FULL-TIME PERMANENT
Ci .ASSIFIED POSITIONS THAT ARE INCLUDED WIT HIN THE
CAREE R SERVICE SYSTEM .
(Dl "EMPLOYER OR CITY EMPLOYER". THE MAYOR , AN D MEMBERS
OF THE CITY COUNC IL , CITY MANAGER AND HIS OR HER
DESIGNEES FOR PURPO SES OF CO LLECTIVE BARGAINING .
(El "CONTRACTUAL EMPLOYME NT". EMPLOYMENT
RELAT I0 1'SHIP NOT A PART Of TH CAREER SERVIC , SYSTEM
FOR A SET PERIOD OF TIME Fll . SPi-:C IAL PROJECTS OR
PROGRAMS OR FOR OTHER M.~NAGERIAL AND PROFESSIONAL
ASSISTA:'-I CE . •
(Fl "CONFIDENTIAL EMPLOYEE". AN EMPLOYEE WHO IS PRIVY TO
DECISIONS OR WHO HAS ACOESS TO INFORMATIO'I OF CITY
MANAGEMENT AFFECTING EMPLOYEE RELATION~ OR WHOSE
FUNCTIONAL RESPONSIBILITIES OR KNOWLEDGE OF THE CXTY
AFFAIRS MAKES MEMBERSHIPS OR PARTICIPATION IN THE
AFFAlRS OF AN EMPLOYEE ORGAN IZATION IMCOMPATIBLE OR
INCONSISTENT WITH THE OFFICIAL DUTIES OF EMPLOYMENT.
FOR PURPOSES OF THIS DEFINITION IT IS CONCLUSIVELY
PRESUMED THAT ANY INDIVIDUAL EMPLOYEE IN THE CITY
MANAGER'S OFFICE OR IN THE EMPLOYEE RELATIONS
DEPARTMENT OR IN THE CITY ATTORNEY'S OFFICE IS A
CONFIDENTIAL EMPLOYEE .
(G) "CONFIDENTIAL SECRETARY". ONE PERSON IN THE OFFICE OF
EACH DEPARTMENT , BOARD OR COMMISSION AND CITY
COUNCIL AS DESIGNATED BY THE CITY MANAGER.
(H) "MANAGERIA L EMPLOYEE ". THE CITY MANAGER,
DEPARTMENT HEADS AND ASSISTANT DEPARTMENT HEADS .
(I ) "SUPERVlSOR ". AN INDIVIDUAL HAVING THE AUTHORITY ,
CONSISTENT WITH OTHER PROVISIONS OF THIS ARTICLE , IN
THE INTEREST OF THE EMPLOYER TO HIRE , FIRE, TRANSFER ,
SUSPEND , LAY -OFF, RECALL, PROMOTE, DISCHARGE, ASSIG N,
REWARD , DISCIPLINE OR EVALUATE OTH ER EMPLOYgES, 0 1'. TO
ADJ ST THEIR GRIEVANCES , OR EFFECTIVELY TO RECOMMEND
ANY OF THE FOREGOING IF, IN CONNECTION WITH THE
FOREGOING , THE EXERCISE OF SUCH AUTHORITY IS NOT OF A
ME RELY ROUTINE OR CLERICAL NATURE, BUT , RATHER,
REf'l 1RES THE USE OF INDEPENDENT JUDGMENT .
(J ) "C ITY RIGHTS". THE CITY SHALL HA VE, IN ADDITION TO ALL
POWERS , DUTIES AND RIGHTS ESTABLISHED RY
CONSTITUTIONAL PROVISION , STATUTE, ORDINANCE ,
CHARTER OR SPECIAL ACT , THE EXCLUSIVE POWER , DUTY AND
RIGHTS TO :
(i) DETEft.>,flNE THE OVERALL MISSION OF THE CITY AS A
UN IT OF GOVERNMENT .
(ii) TO MAINTAIN ANO IMPROVE THE EFFICIENCY ANO
EFFECTIVENESS OF CITY OPERATIONS .
(iii ) TO OETERMIKE THE SERVI CES TO BE RENDERED, THE
OPERATIONS TO BE PERFORMED, THE TECHNOLOGY TO BE
UTILIZED , OR THE MATTERS TO BE BUDGETED .
\
(iv) TO DETERMINE THE OVERALL METHODS , PROCESSES ,
MEAN S, JOB CLAS SIFICATION S OR PERSONNEL BY WHICH
CITY OPERATIONS ARE TO BE CON DUCTED .
(v ) TO DIRECT , SUPERVISE , HIRE , PROMOTE , TRANSFER,
ASSIGN , SCHEDULE, RETAIN OR LAY -OFF EMPLOYEES .
(vi) TO SUSPEND, DISCIPLINE, DISCHARGE, AND DEMOTE FOR
CAUSE, ALL FULL.TIME PERMANENT CLASSIFIED
EMPLOYEES .
(vii) TO RELIEVE EMPLOYEES FROM DUTIES BECAUSE OF LACK
OF WORK OR FUNDS, OR UNDER CONDITIONS WHERE THE
CITY DETERMINES CONTINUED WORK WOULD BE
INEFFICIENT OR NONPRODUCTIVE .
(viii) TO TAKE WHATEVER OTHER ACTIONS MAY BE
NECESSARY TO CARRY OUT THE WISHES OF THE PUBLIC
NOT OTHERWISE SPECIFIED HEREIN OR LIMITED BY A
COLLECTIVE BARGAINING AGREEMENT .
(ix) TO TAKE ANY AND ALL ACTIONS TO CARRY OUT THE
MISSION OF THE CITY IN CASES OF EMERGENCY .
(x ) NOTHING CONTAINED HEREIN SHALL PRECLUDE THE
CITY FROM CONFERRING WITH ITS EMPLOYEES FOR THE
PURPOSE OF DEVELOPING POLICIES TO EFFECTUATE OR
I IPLEMENT ANY OF THE ABOVE .ENUMERATED RIGHTS .
ALL POWERS , DUTIES AND RIGHTS AS ENUMERATED
ABOVE SHALL RE WITHIN THE EXCLUSIVE RIGHT OF THE
CITY EXCEPT AS LIMITED OR MODIFIED BY A COLLECTIVE
BARGAI NING AG REEMENT .
(Kl "EMPLOYEE RIGHTS ". A FULL-TIME CLASSIFIED EMPLOYEE
WHO IS NOT A CONFIDENTIAL EMPLOYEE , A MANAGERIAL
EMPLOYEE, OR A SUPERVISOR SHALL HAVE THE RIGHT :
(i) TO FORM , JOIN , SUPPOP.T OR PARTICIPATE IN , OR TO
REFRAIN FROM FORMING , JOINING, SUPPORTING , OR
PARTICIPATING IN ANY EMPLOYEE ORGANIZATION OR ITS
LAWFUL ACTIVITIES: AND
(ii ) TO BARGAIN COLLECTIVELY THROUGH THEIR CERTIFIED
E. IPLOYEE REPRESE NT ATIVE.
(iii) NO EMPLOYEE SHALL BE INTERFERED WITH ,
RESTRAINED , COERCED OR DISCRIMINATED AGAINST
BECAUSE OF THE EXERCISE OF THESE RIGHTS NOR SHALL
THE RIGHT OF AN INDIVIDUAL EMPLOYEE TO DISCUSS
EMPLOYMENT CONCERNS WITH THE CITY BE INFRINGED
ti PON .
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·• CL) "APPROPRIATE EMPLOYEE BARGAINING UNIT (OR
APPROPRIATE BARGAINING UNIT)". AN EMPWYEE UNIT
DESIGNATED BY THE CITY TO BE APPROPRIATE FOR THE
PURPOSE OF COLLECTIVE BARGAINING . IN DETERMINING THE
APPROPRIATE BARGAINING UNIT THE CITY SHALL HAVE NO
AUTHORITY TO INCLUDE ANY EMPLOYEE OTHER THAN A
FULL-TIME CLASSIFIED EMPLOYEE. A FULL-TIME CLASSIFIED
EMPLOYEE MAY BE CONSIDERED FOR INCLUSION IN THE
APPROPR IATE BARGAINING UNIT EXCEPT :
(i) ANY ELECTED OFFICIAL OR PERSON APPOINTED TO FILL A
VACANT ELECTED POSITION, OR ANY BOARD OR
COMMISSION MEMBER OR JUDGE, OR PE!iSON APPOINTED
TO A POSITION BY CITY COUNCIL.
(ii ) CITY MANAGER , ASSISTANTS TO THE CITY MANAGER AND
EMPLOYEES OF THE CITY MANAGER'S OFFICE,
DEPARTMENT HEADS , CITY ATTORNE Y AND EMPLOYEES
OF THE CITY ATTORNEY'S OFFICE AND CONFIDENTIAL
SECRETARIES .
(iii) MANAGERIAL AND SUPERVISORY EMPLOYEES .
(iv) CONFIDENTIAL EMPLOYEES .
• (v) Al-iY PART -TIME , TEMPORARY OR CONTRACTUAL
EMPLOYEE .
(vi) M'Y EMPLOYEE HIRED FOR SPECIAL PROJECTS OR
PROGRAMS OR THROUGH THE USE OF OUTSIDE FUNDING
SO URCES .
(M) "EMPLOYEE ORGANIZATION ". MEANS ANY LAWFUL
ORGANIZATION WHICH HAS AS ONE OF ITS PRIMARY PURPOSES
REPRESEfl,'TING FULL-TIME CLASSIF IED EMPLOYEES IN THEIR
EMPLOYMENT RELATION WITH THE CITY ; PROVIDED,
HOWEVER , THAT SAID ORGANIZATIO N HAS NO RESTRICTION
ON MEMBERSHIP BASED ON AGE, RACE , ,;QLOR , CREED, SEX,
HAN DI CA P, OR NATIONAL ORIGIN .•
(N) "CERT IFIED EMPLOYE E ORGANIZATIO N ( OR CERTIFIED
EMPLOYEE REPRESENrATIVE l". AN EMPLOYEE
ORGANIZATION THAT HAS BEEN CE RTIFIED BY THE CITY AS
REPRESENTING THE EMPLOYEES IN AN APPROPRIATE
BARGAINING UNIT AS A RESULT OF OBTAINING A MAJORIT"{
VO'fE IN THE APPROPRIATE UNIT PURS UANT TO A CITY
CONDUCTED RLECTION. NO ORGANIZATION SHALL BE
ELIGIBLE TO BE THE CE RTIFIED EMPLOYEE ORGANIZATION IF
IT ADMITS TO MEMBERSHIP OR IS DIRECTLY AFFILIATED WITH
AN ORGANIZATION THAT ADMITS TO MEMBERSHIP PERSONS
WHO ARE SUPERVISORS (J R WHO ACT IN A SUPERVISORY • CAPACITY WITH RESPE CT TO EMPLOYEES OF THE CITY OF
ENGLEWOOD AS DEFI NED IN THIS ARTICLE . NO
137:3
ORGANIZATION SHALL BE ELIGIBLE TO BE THE CERTIFIED
EMPLOYEE ORGANIZATION OR CERTIFIED EMPLOYEE
REPR~ENTATIVE WITH RESPECT TO POLICE OFFICERS OF THE
CITY IF SUCH ORGANIZATION ADMITS TO MEMBERSHIP
EMPLOYEES OF ANY EMPLOYER, PUBLIC OR PRIVATE, OTHER
THAN POLICE OFFICERS , EXCEPI' THAT SUCH EMPLOYEE
ORGANIZATION MAY AFFILIATE ITSELF WITH OTHER
ORGANIZATIONS WHO ADMIT SUCH OTHER EMPLOYEES TO
MEMBERSHIP, SO LONG AS THE CERTIFIED EMPLOYEE
ORGANIZATION REMAINS LOCALLY AUTONOMOUS .
(0 ) "EXCLUSIVE RECOGNITION OF AN EMPLOYEE ORGANIZATION ".
THE CERTIFICATION OF AN EMPLOYEE ORGANIZATION BY THE
CITY THAT THE ORGANIZATION SHALL REPRESENT ALL
EMPLOYEES IN AN APPROPRIATE UNIT AS DETERMINED BY THE
CITY FOR THE PURPOSE OF COLLECTIVE BARGAINING .
(P) "STRIKE". CONCERTED ACT IV ITY RESULTI NG IN FAILURE TO
REPORT TO DUTY , OR THE ABSENCE FROM ONE 'S POSITION , OR
THE STOPPAGE OF WORK.
(Q) "CLASS IFIED EMPLOYEE ". ~ CERTIFIED EMPLOYEE APPOINTED
TO AN ALLOCATED POSITH ••: WITHIN THE CLASSIFIED
SYSTEM . THE COUl''CIL M,\Y AfJOPI' ADDITIO 'AL
APPROPRIATE DEFINITIONS TO EFFECTUATE THE POLICIES OF
THIS ARTICLE OF THE CHARTER .
BARGAINING RIGHTS
ONLY FULL TIME CLASSIFIED EMPLOYEES IN AN APPROPRIATE
BARGAINING UNIT HAVE THE RIGHT TO BARGAIN COLLECTIVELY WITH
THE CITY THROUGH THEIR CERTIFIED EMPLOYEE REPRESENTATIVE
TOWARDS SECURING A COLLECTIVE BARGAINING AGREEMENT . ONLY
AN EMPLOYEE ORGANIZATION THAT HAS BEEN CERTIFIED BY THE CITY
SHALL BE ENTITLED TO ENGAGE IN COLLECTIVE BARGAINING WITH THE
CITY . IN CERTIFYING AN EMPLOYE~ ORGANIZATION AS REPRESENTING
THE EMP LOYEES IN AN APPROPRIATE BARGAINING UNIT , THE CITY OR
THE DESIGNATED HEARI NG OFFICER SHALL CONSIDER (IN ADDITIO N 1'0
ANY OTHER REQUIREMENT AS SET FORTH HEREIN ) THE FOLLOWING
FACTORS :
(a ) THE UN IT THAT WILL INS URE EMPLOYEES THE FULLEST
FREEDOM AND THE EXERC ISE OF RIGHTS GRANTED UN DER
TH IS ARTI CLE .
(b) THE COMMUN ITY OF INTEREST OF THE EMPLOYEES .
(c) THE HISTORY OF THE EMPLOYEE RELATIONS IN TH E UN IT ,
AMON(, OT HER EMPLOYEES OF THE CITY , AND IN SIMILAR
PUBLI C EMPLOYMENT .
(d) THE EFFECT OF THE UN IT ON THE EFFICIE NT OPERATION OF
THE PUB LIC SE RVI CE AND SOUN D EMPLOYEE RELATIONS . •
137 :5
(el THE EFFECT ON THE EXISTING CLASSIFICATION STRUCTURE OF
DIVIDING A SINGLE CLASSIFICATION AMONG TWO OR MORE
UNITS .
SUBJECTS FOR COLLECTIVE BARGAINING
(A) MANDATORY SUBJECTS . THE CITY AND THE CERTIFIED
EMPLOYEE REPRESENT.-.TIVE SHALL HAVE THE MUTUAL
OBLIGATION TO NEGOTIATE AND BARGAIN !N GOOD FAITH
OVER THE FOLLOWING MANDATORY SUBJECTS : WAGES,
HO URS , VACATION , INSURANCE (CONT RIBUTION LEVELS
AND LEVELS OF BENEFITS ONLY), HOLIDAYS ,
ADMl'NISTRATIVE LEAVE, PERSONAL LEAVE , MILITARY
LEAVE, DISABILITY LEAVE, FUNERAL LEAVE, DUES
DEDUCTION , GRIEVANCE RESOLUTION PROCEDURE
(INCLUDING COSTS A.>rn EXPENSES ASSOCIATED
THEREWITH ), NON .STATE OR FEDERALLY REGULATED OR
MANDATED PENSION OR RETIREMENT PROVISIONS
(CONTRIBUTION LEVELS ONLY), OVER .TIME PAY
FORMULAS , WORK ·1FORM rROVJSIONS , ACTING PAY ,
LONGEVITY , TRANSFER PROCEDURE , PROCEDURES FOR
SUSPENSION , DEMOTION AND DI SC HARGE , AND EDUCATION
INCENTIVES . 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 S BJECTS OF BARGAINING : ANY
SUBJECT PRE-EMPTED BY STATE OR FEDERAL LAW OR BY
CITY CHARTER ; STATE OR FEDERALLY REGULATED OR
MANDATED PENSION PROVISIONS ; ADMINISTI!ATION OF
INSURANCE PROGRAMS , SELECTION OF INSUI!.-.NCE
CAR RIER INCLUDI NG SELF.fNSURANC !,; MATTERS
DELEGATED BY CHARTER TO ANY BOARD OR COMMISSION
OF THE CITY ; ALL MAT'l'ERS RELATING TO CLASSIFICATION ,
RECRUITMENT , HIRl1'(., -XAMINATION AND
CERTIFICAT''lN OF APPOINTMENT TO A POSITION AND
APPEALS BA::>ED THEREUPON : PROMOTIONS OUT OF THE
BARGAINING UNIT .
(Cl PERMISSIVE SU>iJECTS . C.OLLECTIVE BARGAINING UPON
ANY OTHER SUBJEC'i• (I .E., NOT MANDATORY OR NON -
NEGOTIABLE ) 'IS PERMISSIVE AND MAY BE CONDUCTED IF
MUTUALLY AGREED TO BY THE PARTIES .
137:6 IMPASSE RESOLUTION
(A ) ~
IN THE EVENT THE PARTIES ARE UNABLE TO REACH
AGREEMENT ON ALL MANDATORY SUBJECTS TO BE
CONT AINED IN THE COLLECT IVE BARGAINING
AGREEMENT ON OR BEFORE JULY 1ST OF THE YEAR IN
WHICH THE PARTIES HAVE MET AND BARGAINED OVER
THESE SUBJECTS, IMPASSE SHALL BE DECLARED . EACH
PARTY SHALL SUBMIT TO THE CITY CLERK A STATEMENT
WHICH CONTAINS THAT PARTY'S FINAL OFFER
REGARDING ANY MANDATORY ECONOMIC SUBJECT UPO N
WHJCH THE PARTIES ARE AT IMPASSE . THE STATEMENT
SHALL BE SUBMITl'ED BY EACH PARTY NO LATER THA N
5:00 P.M. ON JULY 1ST. IF JULY 1ST FALLS ON A SATURDAY
OR SUN DA Y THE PERIOD lS SHORTE NED TO AND ENDS O N
THE PRIOR BUSINESS DAY WHI CH IS NOT A SAT URDAY ,
SUNDAY OR LEGAL HOLID AY .
(Bl APPOI NTMENT OFARBITRATOR
THE CITY MANAGER AN D THE EMPLOYEE ORGANIZATIO N
WIL L JOI NTLY PRESE NT TO THE CITY COUNCIL ON OR
BEFORE J ULY 10TH THE NAMES OF THREE ARBITRATORS
WHO HAVE EXPERIENCE IN LABOR RELATIONS MATTER S
AND INTEREST AR BITRATIO N. FROM THAT LI ST OF
THR EE . THE CITY COUNC IL WILL APPOI NT ONE
ARBI TRATOR WHOM IT AUTHORIZES TO COND UCT
HEARIN GS AND MAKE A DECI SION ON THE FINAL OFFER
TO BE IMP LEME NT ED . THE ARBITRATOR SHALL BE
APPOIN TED NO LATER THAN JULY 30T H. PRIOR TO THE
CO .M ~tENCE ME NT OF HEARI NGS, THE ARBITRATOR SH ALL
SIG N AN OATH TO UP HOLD THE TERM S OF THE CHARTER.
<Cl HEARI NGS
TH E ARBIT RATOR SH AL L HOLD HEARINGS ON THE
PART IES ' FI NAL OFFER ON MA NDATORY EC ON OMIC
SUBJECTS ON LY . TH E ARBITRATOR SHALL SET THE DATE
OF HEA RING AN D SHALL GIVE AT LEAST TEN (10 ) DAYS
NOTI CE IN WR ITING TO TH E PARTI ES OF THE TIME AN D
PLA CE OF SUC H HEARI NG . TH E ARBI TRATOR SHALL HAVE
POWE R TO ADMINISTE R OAT HS AN D TO REQUIR E BY
SUBPO ENA TH E ATT EN DAN CE AND TESTIMO NY OF
WIT I\ESS ES, AN D THE PRODUCTIO N OF BOOKS , RE CORD S
ANJ"\ •"THER EVIDE NCE RELATI NG TO OR PERTI NENT TO
TH JSSUF.S PRESE NTED TO THE AR BITRATO R FO R
DET ... (MI NAT ION .
THE ARB IT RATOR SHALL HAVE T HE RIGHT TO
DETER MI NE WH ET HER AIIY PRO POSAL OR DEMAND IS A
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•
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MANDATORY ECONOMIC SUBJECT FOR BARGAINING
Wl'fHIN THE MEANING OF SECTION 137 :5(A) OF THIS
CHARTER .
THE HEARING CONDUCTED BY THE ARBITRATOR SHALL
BE CONCLUDED WITHIN SEVEN (7) DAYS OF THE TIME OF
COMMENCEMENT . WITHIN FIVE (6) DAW FOLLOWING
THE CONCLUSION OF T,HE HEARING , THE PARTIES MAY , IF
THEY DEEM NECESSARY , SUBMIT WRITTEN BRIEFS TO
THE ARBITRATOR . WITHIN FIFl'EEN (15 ) DAYS OF THE
RECEIPT OF SUCH BRIEFS OR THE CONCLUSION OF THE
HEARING , WHICHEVER IS APPLICABLE , THE ARBITRATOR
SHALL MAKE WRITTEN FINDINGS AND DECIDE WHETHER
THE FINAL OFFER OF THE CITY OR THE FINAL OFFER OF
THE CERTIFIED EMPLOYEE ORGANIZATION ON THE
TOTAL PACKAGE OF OUTSTANDING MANDATORY
ECONOMIC SUBJECTS IN DISPUTE SHALL BE
IMPLEMENTED . A COPY OF THE ARBITRATOR'S FINDINGS
AND DECISIO N SHALL BE MAILED OR OTHERWISE
DELIVERED TO THE CE RTIFIED EMPLOYEE ORGANIZATION
AND THE CITY MANAGER .
(DJ B,fil;,ORD Of HEARlli.GS
THE HEARINGS CONDUCTED BY THE ARBITRATOR SHALL
BE RECORDED . ANY PARTY MAY REQUEST AN CJFFICIAL
STENOGRAPHIC RECORD OF THE TESTIMONY AT THE
HEARI NG . THE PARTY REQUESTI NG SHALL PAY THE COST
OF SUCH TRANSCRIPT . IF THE OT HER PARTY REQUESTS A
COPY OF THE TRAN SC RIPT OR If' THE ARBITRATOR
REQ UESTS A TRANSCRIPT , BOTH PARTIES SHALL SHARE
THE. ENTIR E COST OF MAKING THE STENOGRAPHIC
RECORD .
(El STANDARDS FOR DECISION
THE FOLLOWING FACTORS MUST BE CONS IDERED BY THE
ARBITRATOR IN ARRIVING AT A DE CISION :
(1) THE INTEREST AND WELFARE OF THE PUBLIC AND
THE FINANCIAL ABILITY OF THE CIT Y TO BEAR THE
COSTS INVOLVED ;
(2) THE LAWFUL AUTHORITY OF THE CITY ;
(3) STIPULATIONS OF THE PARTIES ;
(4) COMPARIS ON OF THE WAGES , HOU RS , BENEFITS AND
OTHER TERMS OR CONDITIONS OF EMPLOYMENT OF
THE EMPLOYEES INVOLVED WITH OTHER
EMPLOYEES PERFORMING SIMILAR SERVICES IN
PUBLIC EMPLOYMENT IN COMPARABLE COLORADO
COMMUNIT (t;S;
(o) THE COST OF LIVING;
(6) THE OVERALL COMPENSATION PRESENTLY
RECEIVEU BY THE EMPLOn,ES INCLUDING DIRECT
WAGE COMPENSATION; VACATION, HOLIDAYS AND
OTHER EXCUSED TIME ; INSURANCE AND PENSION ;
MEDICAL AND HOSPITALIZATION BENEFITS ; THE
CONTINUITY ANO STABILITY OF EMPLOYMENT ; AND
ALL OTHER BENEFITS RECEIVED .
(F l FJNAI OFFER PROCEDURE
THE ARBITRATOR SHALL CHOOSE EITHER THE CITY'S
TOTAL FINAL OFFER ON ALL OUT STANDING MANDATORY
ECONOMIC SUBJECTS OR THE EMPLO'!EE ORGANIZATlON'S
TOTAL FINAL OFFER ON ALL OU TSTA:~DING MANDATORY
ECONOMIC SUBJECTS AS CONTAINE1' IN EACH PARTY 'S
STAT EMENT OF FINAL OFFER AS J\.:Q-JIRED IN SECTION (A )
AND SHALL STATE THE REASON S FOR CHOOSING SUCH
FINAL OFFER.
(G) TIME I IMITS
T HE TIME LIMITS FOR CON DU CT ING THE HEARING AND
FOR ANY ACTION BY THE ARBITRATOR SPEClFIED IN THIS
CHAPTER MAY BE WAIVED BY MUTUAL CONSENT OF THE
PARTIES AS LONG AS THE ARBITRATOR'S DECISION IS
RENDERED TWO WEEKS AFTER THE BUDGET IS
SUBM ITTED TO CITY COUNC IL BY THE CITY MANAGER .
(H ) f.EES..A"!P EXPENSES OF ARBITRATION
ONE -HALF OF THE NECESSA RY FEES AND NECESSAR\'
E~ENSES OF AR BITRATIO N (EXCLUDING ALL FEES AND
EXPENSES INCURRED BY EITHER PARTY IN THE
PREPARATION OR PRESENTATIO N OF ITS CASE) SHALL BE
BORNE BY THE CITY AND ONE -HAL F SHAL L BE BORNE BY
THE EMPLOYEE ORGANIZATION .
m FINALITY OF THE ARBITRATOR 'S DECISION
(I) EXCEPT AS PROV ID ED IN THIS SECTION, TH E
DECISION OF THE ARB ITRAT OR SHALL BE FINAL AND
BINDING ON THE EMPLOYEE ORGAN IZATIO N .AND
THE CITY . NOTHING HEREIN SHALL PROHIBIT T HE
PARTIES FROM AG REEI NG TO TERMS DIFF ERENT
FROM THE DECISION OF THE ARBITRATOR AS LO NG
AS SUCH AGREEMENTS ARE MADE WITHIN TH E
FIFTEEN (15) DAYS AFTER RECEIPT OF THE
ARBITRATOR'S DECISION .
(2) THE ARBITRATOR'S DECISION SHALL BE SUBJECT TO
COU RT RE VIEW PURSUANT TO THE TERM S OF THIS
SECT ION . ANY PARTY DESIRING COU RT REVIEW •
138:!
MUST FILE SUIT IN THE DISTRICT COURT NO LATER
THAN THIRTY (30) DAYS AFTER THE DATE OF THE
ARBITRATOR'S DECISION . FAILURE OF EITHER
PARTY TO FILE sur:-WITHIN THrnTY (30) DAYS
SHALL BE A WAIVi:R OF THAT PAR1 'Y'S RIGHT TO
APPEAL THE DECtSION. THE DISTRICT COURT SHALL
AFFIRM THE .'<RBITRATOR'S AWARD UNLESS IT
DETERMINES :
(A) THE AWARD WAS PROCURED BY CORRUPTION ,
FRAUD, OR OTHER UNDUE MEANS;
CB) THE DEC ISION IS ARDITRARY ; C•.PRICIOUS , OR
UNREASONABLE BECAUSE THEr.E IS NO
COMPETENT EVIDENCE IN THE RECORD TO
SUPPLJIT THE DECISION ; OR
CC) THE DECISION WAS REACHEf. WITHOUT
CONSIDERING THE FACTORS LISTED IN
PARAGRAPH (El ABOVE.
(3) IF THE COURT DETERMINES THAT THE AWARD WAS
PROCURED BY CORRUPTION , FRAUD , OR OTHER
UNDUE MEANS , THE ENTIRE AWARD SHALL BE
VACATED AND THE MATTER SHALL BE REMANDED
BACK TO BE HEARD BY A DIFFERENT ARBITRATOR
SELECTED PURS UANT TO THE TERMS OF THIS
SECTION . IF THE COURT DETERMINES THAT THE
ARBITRATOR'S DE CISION IS ARBITRARY , CAPRICIOUS
OR UNREASONABLE , OR WAS REACHE[, WITHOUT
CONSIDERING THE FACTORS LISTED IN PARAGRAPH E
ABOVE , THE CO URT SHALL REMAND THE ISSUE TO
THE ARBITRATOR WITH INSTRUC'l'IONS TO TAKE
NEW EVIDEN CE IF NECESSARY AND TO ISSUE A
DE CISION IN CONFORMITY WITH THE PROVISIONS OF
THIS SECTION .
(4) EACH PARTY SHALL BE RESPONS IBLE FOR ITS OWN
COSTS AND FEES IN CONNECTION WITH ANY APPEAL
TO THE DISTRICT COURT .
CAREER SERVICE SYSl'EM
THE APPO INTING AUTHO RITY SHALL PREPARE AND
SUBMIT TO CITY COU NC IL FOR ADOPTION A "CARE~R
SERV ICE SYS TEM " WHI CH SHALL APPLY TO ALL FULL -
TIME CLASSIFIED EMPLOYEES OF THE CITY OF
ENGLEWOOD (HEREI N THE "C ITY"), EXCLUDING ANY
ELECTED OFFI CIAL OR PERSON APPOINTED TO FILL A
VAC ANT ELE CTE D POSITIO N, ANY BOARD OR COMMISSION
M';MBER. JUDGE , CITY MANAGER , EMPLOYEES OF THE
CITY MANAGER'S OFFI CE, DEPARTMENT HEADS , CITY
ATTORNEY , EMPLOYEES OF THE CITY ATTORNEY 'S
OFFI CE , CON FIDENTIAL SECRETARIES , CONFIDENTIAL
138:3
(A )
CB)
EMPLOYEES , AND PERSONS APPOINTED 'l'O A POSITION BY
THg COUNCIL .
HEARINGS UNDER r..AREER SERVICE SYSTEM
THE CITY COUNCIL SHALL APPOINT HEARING OFFICERS
WHO SHALL HAVE DEMONSTRABLE ABILITY IN LABOR AND
EMPLOYEE RELATIONS TO HOLD HEARINGS AND MAKE
FINDINGS AND DETERMINATIONS WITH RESPECT TO THE
FOLLOWING : DISCIPLINARY APPEALS, MERIT APPEALS AND
ISSUES RELATED TO SELECTION AND RETENTION OF
EXCLUSIVE EMPLOYEE ORGANIZATIONS AND THE
DETERMINATION OF APPROPRIATE BARGAIN ING UNITS .
THE CITY COUNCIL SHALL ENACT APPROPRIATS:
ORDINANCES GOVERNING STANDARDS AND PROCEDURES
WITH RESPECT TO SUCH APPEALS, THE HEARINGS TO BE
CONDUCTED THEREON AND THE STANDARDS TO BE
APPLIE..O BY THE APPOINTED HEARI NG OFFICER AND ANY
APPLIC .•.B LE COURT REVIEW OF SUCH DECISIONS . COUNCIL
SHALL ALSO ENACT ORDINANCES GOVERNING STANDARDS
AND PROCED URES win: REGARD TO ISSUES RELATED TO
BARGAINING AGENTS OR UNITS .
~ Ballots for said election shall ca rry th e following desi gnation whic h
shall be the submission clause:
QUESTIO N NO .
Shall the Home Rule Charter ofth• <:ity of Englewood be amended by
repealing the following Sections of the Englewood Employee Relation s
and Career Service System Act• 137 :2 • Definitions, 137 :3 -Bargaining
Rights, 137 :5 • Subjects For Co llective Bargain ing, 137 :6 -Impasse
Res olution , 138 :1 -Career Service System , 138:3 -Career Service Board ,
138 :4 • Duti es And Powers Of The Career Service Board and 13 8:5 -
Effect ive Date • '."est ed Ri ghts of Article XV and reenacting Sections
137 :2 -Defini t ions, 137 :3 -Bargaining Rights , 137:5 -Subjects For
Collective Bargainin g, 137 :6 -Impa sse Resoluti on, 138 :1 -Career
Service System· and 13 8 :3 • Hea rings Under Career Service System; to
eli min ate the Career Servi ce Boa rd by modifying the process for
nego tiations with e mployee groups to provide fo r binding arbitration of
negotiati on impasses and referring th e powers turTently exercised by
the Caree r Ser\'ice Board to Hea ring Offi cers sele ~ted as provided by
Ordinan ce fo r th e purpose of reducing costs e nd intrud..:.!':ing additional
experti se in employment matte rs?
YES NO
Se.c1.i.a.n..3 . Each elector \'Oti ng at th e election an d desi rou s of vo ting for or egeinst
th e amendment shall indicate th e elector's choice by depressi ng th e appropriate
counter of th e voting machine wh ich indicate:; th e word "'YES" or th e word "NO ," or
by appropriate marking upon paper ballots whei, used . •
~-The proper officials of the City of Englewood shall give notice of said
general municipal election , such notice ahall be published in the manner and for the
length of time re~u ired by law, and the ballots cast at such el ec tion shall be canvassed
and the result ascertained, determined , and ce rtifi ed as requ ired by law.
~-If an y sec tion , pa ragr-a ph , cla use, or other portion of th is ordinance is for
any reason h eld to be invalid or unenforceable, the invalidity or un enforc,ab:lity
shall not affec t any of the remaining portion s of th is ordinance .
In troduced, read in full , amend ed and passed on fi rst reading on th e 17th day of
July, 1995.
Publ is hed as a Bill for an Ordinance on the 20th day of July, 1995 .
Amended , reintroduced and read in full on the 7th day of August, 1995 .
Published as amended of the 10th day of August, 1995 .
Read by title and passed on final reading on the 21st day of August, 1995 .
Published by titl e as Ordinance NoL8,, Series of 1995, on the 24t h day of August,
1995.
Loucrishia A. Elli s, Ci ty Clerk
I, Loucri sh ie. A. Ellis , City Clerk of the City of Englewood , Colorado , hereby
certi(v that th e above and fo regoi ng is a true copff,f_the Ordinance pa ssed on final
"'°'"' ••• ,.w;,o,o o, "''' "0,0;"'"" Nop~ m(;
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COUNCIL COMMUNICATION
Date Agenda Item Subject
July 17, 1995
Proposed Amendment to
11 a V the Charter of the City of
Englewood
Initiated By Staff Source
City Manager's Office Randie L. Barthlome, Director of
Administ.rative Services
COUNCIL GOAL AND PREVIOUS cou:,CB . ACTION
In 1958. the Englewood City Chaner provided an enabling Act allo wi ng the Council to
cre ate . if it so chose, a Board of Career Service Commissioncts that would submit a Career
Service System to the Council. In 1969. by Ordinan ce. Coun cil instituted a Career Service
System. In 1972. the Chancr was ome nded to establish a Career Service System and was
further amended in 19 81.
RECOMMENDED ACTION
It is recommended that Council approve a bill for an ordinance submiuing 10 a vote of the
registered electors of the City o f Englewood at the next scheduled general municipal
election propose d amendments to the Chaner of the Cit'l of Englewood rega •ding subjects
fo r collective bargainin g, impasse resolution, the Career Service System . cbdcs and powers
of the Career Service Board and effective date-vested right s under the Career Service
System to provide for a bindin g arbitration process .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Since 1969. when a Career Service System was first implemented. and the last Chaner
amendment in I 981,. th e areas of labor law and employment law have evolved and be come
very co mplex . The changes which arc now being propo sed better reflect the environment
in which we are operating .
Cit )' management and the representatives of the Engle wood Employees Association .
En g lewood Fire Fi ghters Association and the Englewood Police Benefit Ast ciation have met
on numerou s occasions regarding the se proposed Chaner changes and hav e s pent a grea t
deal or time in coming to a tentative agreement. City man.\gcmcnt has al so met with •
employees not covered by a.n association , has gone over the proposed changes with them
and received the ir commcnlS .
A Public Hearing has been scheduled by the Career Service Board for Thursday, June
13 at 6:30 p .m. to obtain public input and 10 forward recommendations 10 the Council about
the proposal.
The c hanges be in g proposed will provide fo r binding arbitration in ease of impasse
i n negot iations , and for a he aring officer for gri evances, disciplinary and merit appeals .
llccause of th e com pl<xi ty in employ ment and labor law,, the arbitrators ,nd hearing
officers will have a full knowledge of these areas . There ar-also defined rules that arc
followed in this type of a system and a consistency of decision s 1'111, is critical because th e
decisions rendered can ha ve rar-rcaching consequences which 1h.v impact day -to -day
operations and costs, both human and financial.
illul=
Prese ntly , in cases of impa sse , statcm -:nt s of impas se from rn ... City and from the
Associa tkn arc sub mitted 1.0 the Career Service Board. After a ,11..1.,;r,g, the Boa rd is su .. ,
written findi ng s of fact ·md rcco mmcnd:uion s for re solution . Th c,c arc rinal and bin o:·~g
unless the p.1.nics can rt.a.ch agreement within five wor king days o f th ( deci sio n or unle ss
the c ity or the Association file a letter of dissatisfa cr irr. \t.-it h the Cit y Council. If a letter of
dissatisfaction is filed. Council mu st call for a sp ec ;j• d cction .
oder thi s proposal, the City Council will appoint an arbitrator horn a list of names
presented jointl y by the City Manager and the Associ ation . The final offers of the City and
the Association arc submiued to 1hc arbitrator and , after a hearing , the arbitrator scl~cts •
either the final offer of the City or of the Association . The decision of the arbitrator is final
and binding, unless the City and the Association reach agreement within fifteen days of the
decision
Grievances Di sci pl ioary '\ppeal s and Merit '\ppcals
I
Prc ,e n1ly , the Career Service Board hears Grievances. Disciplinary Appeals and Merit
Appea l s .
'llder the proposal. a hearing officer will be appointed for 1h-,se maners. The
As sodatioos and the ,;ity have agreed 10 meet and e stablish by Ord',nance and by contrac t
the n9oointmen1 of th e hearing officer .,.d the s tandards and proc,:dures for the appeals.
FIN 'OALIMPACT
When all o f the cos ts were ta lli ed on a rece nt in,r,as sc hearing , including staff time,
attorney s. etc .. the cos t was ove r S 15 .00 0. Wit h a system of arbitration. it is estimated lhar
the cost will be approximately one-th ird o f 1ha1 am o unt. Cost savings will al so be realized in
other p roceedin gs .
LIST OF ATTACHMENTS
C o uncil Bill
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