HomeMy WebLinkAbout1972 Ordinance No. 027I
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Ordinance No. 26, Serie• of 1972, was defeated.
INTIODUQD AS A llll IV COUNCILMAN LAY
IV AUTHORITY
ORDINANCE NO. ~,SERIES OF 1972
AN OIDINANCE SUIMITIING TO THE QUALIFIED ELECTORS Of THE CITY OF ENGLEWOOD FOR
APPROVAL 01 DISAPPIOVAL AT A MUNICIPAL ELECTION TO IE HELD NOVEMBER 7, 1972, A PROPOSED
CHAlfB AMENDMENT AFFECTING EMPLOYEE REIATIONS OF ALL REGULAR FULL-TIME EMPLOYEES OF
THE CITY OF ENGLEWOOO, COLORADO, AND DECLARING AN EMERGENCY.
WHEIEAS, on July 13, 1972, ,.tltlons to place a ,.apmed Charter Amendment relating to the
fl .. Depcwl..,, of tt. City o1.:..l•ood w ... •bmltted to the Dl .. ctor of Finance, ex officio City Clerk-
y...,..,, with a NqUed far a Speclal Munlclpal Electlon punuant to law; and
WHEREAS, City Council found and •t.,...lned that said petitions were legally a1fflcient to
.....,. the lftlaled Charter A"*""ment to a vote of the quallfled electors of the Oty; and
WHEIEAS, the Council publlshed Its call for a Munlclpal Election on August 30, 1972, for
a Munlclpal Election to be held on November 7, 1972 for cwrcwal or dlsapproval of said proposed Charter
A1a1..._. by all the quallfled electors of the City; and
WHEREAS, Council finds and detennlnes that an altemate P"'PC*ll relating to penonnel
.. 1at1o111 r. all NgUl. munlclpal employees of the City should be consl•red by the qualified electors of
Englewood; and
WHEREAS, pul'Mll'lt to Artlcle XX ol the Colorado Constitution and Section 139-90 C.R.S.
(1971 Pena. eu.... Supp.) .. latlng to .-..1.ions of propa1ed Charter Amendments;
COLOIADO:
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NOW, THBEFORE, IE IT ORDAINED IV THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
Section I.
THEIE IS HERBY SUIMlmD TO A VOTE OF ALL QUALIFIED ELECTORS OF THE CITY
OF ENGLEWOOD AT A MUNICIPAL ELECTION, HERETOFORE CALLED FOR NOVEMBER 7,
1972, AN ALTERNATE CHARTER AMENDMENT ENTlnED "ARTICLE XV -ENGLEWOCD
EMPLOYEE RELATIONS AND CAREER SYSTEM ACT -1972" AS FOLLOllS:
THAT EFFECTIVE IMMEDIATELY UPON APPROVAL OF THE QUALIFIED ELECTORS OF
THE CITY, AND THE CERTIFICATION THEREOF TO THE OFFICE Of THE SECRETARY OF
STATE Of THE STA TE OF COLORADO, PURSUANT TO ARTICLE XX OF THE COLORADO
CONSTITUTION AND CHAPTER 139-90 ET. SEQ. (1971 PERM. SUPP.), ARTICLE XV OF
THE ENGLEWOOO HOME RULE CHARTER IS HEREBY REPEALED AND REENACTED AS
FOLLOWS: TO-WIT:
ARTICLE XV
ENGLEWOOD EMPLOYEE RELATIONS
AND CAREER SERVICE SYSTEM ACT-1972.
Section 137:1 STATEMENT OF POLICY -EMPLOYEE RELATIONS.
It Is the publlc pollcy of the City ol Englewood, and the purpose of this Charter
provision, to promote the lmpnw....,t of pew.-.1 management and relations between the
City of Englewood and Its employw, and to pldect the publlc by a.,ring at all times the
ORlerly and unln ........ ...-1ona and services fJI City govemment. This policy is a1pple-
IWlted by pnwl1lon1 (a) NCognlzlng and defining the rights ol employ•• to f oln organizations
of their own choosing r. the pulpOle of NpN11nlatlan on mdten affecting employee relations
ot to NpNllnt .,__Ives lndlvlclually In cleall• with the City, °')establish formal Nies and
proc:edlns to prowl• for the Olderly and syst.natlc p,..,.atlon, consideration and resolution
of employ• .. latlons matters and (c) establlshlng a Board of ea .. er Service Commissionen to
1.., .. that all City employe• and their NPNHnlatlv• GN falrly treated, that their requests
GN falrly heanl, considered and 19101ved, and that all hnoa11es be submitted to mediation or
to a YOte of the people of the City.
Section 137:2 DEFINITIONS
As used In this Charter Amend_. the following tennl shall have the meanings indicated:
(a) •Certified Employ• Olganlmtlona ot C.-tlfled Employee Representative" means
an employee 0l9Cl"lzatlon ot 111 duly •thorlud NpNl•atlve that has been certified
as ..,.. .. ting the malorlty of the employw In an .,.,,,r1ate Employee Representation
Unit.
t»> •c:o.nm1111on• or "Board" means the loanl ol Career Service Commissionen as
conatltu._. under the pnwlslona of this Article.
(c) •Conflclentlal -.lor•• ,... • -.'°Y• who 11 privy to decisions of City
llMllWWWtt affecting employ• Nlatlanl.
(d) •eon.It• or •confer" --to com•nlcate vemally or In writing for the
,.,.,... of pN••tl• and a11ta1n1,. vi ... or ad.vising of Intended actions.
(e) •&nploy••,........, penon .... or-d by the City In a position in the
cl-lfled service.
(f) •Employ• organization• -fllf'I lawill 01gC1nlzatlon which Includes
...... ol the City and which has ane of Its primary purposes representing such
-.1oyw and their employ.-Nlatlon with the City; prwlded, however, that
1ald organlmtlon '-no Nltrlctlan on --....1p baled on race, color, creed,
.. or national origin.
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61) •EMploy• Nlatfons• -the Nlatlonahlp between the City and its employees
and their employee OlgClnlzatlona, or wh.n used In a ,.,.ral sense the membenhip
betw..,. ............ t and employ .. or .. 1oy. organizations.
ft) •Employ• .. ,,. ... tatlon l.Mlt• •w a l.Mlt establlshed pursuant to 137:.~ :f.
this Artlcle.
(I) •••••• mecn a deadloclc In n-eotlatlons Mtw•n a certified employee
organization and the .,..iate City Npr1111ntatlv• over any matten required to
be negotiated, or wer thescope of the dtfec:t matter of negotiations.
Q) •Mec11at1on• meaM the efforts of• IMpC1rtlal third person or persons functioning
• lntennedlorl•, to .. 1st the partl• In reaching a voluntary resolution to an impasse.
(le) •Negotiation• mec11• ,.,.,.._ce by a duly authorized management representative
and duly authorized rep...-atlve of a certified employee organization of their mutual
abllgatlon to wt at ...,,..le ti..., and to confer In good faith with respect to wages,
houn and other terms and condltlona ol -.loyrnent, and Includes the na1tual obligatlon
to uea1te a written document lncarparatl• fllf'I agl'Mment reached. This obligation
._ nat COlllMI either party to.,.. to a DftlDOICll or to make a conceaion.
Sectlan 137:3 EMPLOYEE RIGHTS
Elllployw ol the City shall have the right to form, Join and participate in the activities
o1-.1oyee OflGl'lmtlOftl of their own choollng for the purpa1e of Npresentation on al I matten . ..,.,.. ........
Elllploy .. ol the City also shall have the right to refuse to foln or participate in any
actlvftl• ol Ulployee organlzatlonl and shall have the right to rep19_.t themselves indlvidually
In their -.1..-t Nlatlons with the City.
No ....,1oy. thall be lnterf.red with, Intimidated, restrained, coerced, or discriminated
-Ind becau. ol the exen:I• ol thw rights.
Section 137:4 CITY RIGHTS
It Is the acluslve right ol the City to detennlne the ml•lon of eoch of its constituent
.._,,mnts, boanls and camml•lons, COftllstent with the prwlslons of this Article, and to set
lhllldalds of a.vice to be .__ to the publlc, and ~lse control and discretion over its
organization and op.ratlonl. It Is also the ucluslw right ol the. City to direct its employees,
talce dllclpllwy action for PftlP8' cause, Nllne Its employw from duty because of lack of
wortc or for other legltlmate ,....., and ............ the methods, means, and personnel by which
the City's op.rations en to be conducted; ptWlded, howner, that the exercise of such rights ._not PNClude ... lay .. or their NPFIHntatlv• Iran conferring or raising grievances about
the pnldlcal C01We.,.nc• that decisions an tM. matten may have on wages, houn, and other
..,_and condltlans of ... ICMWtt.
Section 137:5 EMPLOYEE REPIESENTATION UNITS -CERTIFICATION -DECERTIFICATION
Cauncll thall 9ftCICt Onllnanc• gcwe111r,. the standatds and procedures for certification
and dec.tlflcatlon ol the illllforlty ...-111nhltlve ol .. loyw In an appropriate Employee
..,_1ntatlan Unit •
.. the enac:t•nt ol .., 1Uch Qdlnance the Cauncl I shal I consider and incorporate the
followl• focton:
(a) The l.Mlt that wlll 1,.,,. .. loyw .the fullest freedom In the exercise of rights
gnned under this Artlcle.
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(c) The history of employ• relatlons In the Unit, among other employees of the City,
c:N In slmllar publlc emplcwment.
(d) The effect of the Unit on the efficient ..,atfon of the public service Cl'ld sound
-.lay• r.latfons.
(e) The effect on the existing cl..aflcatlan shuctuN of dividing a single classification
8llMltlll two« more Units.
1he C:C.-l•on shal I, under the pnwlllons ol OnHnance make the final dee ision on
the ...,...... Unit and shall detennlne any d ..... concemlng said employee Units.
Only _,1oyee otganlzatlons that have*' c.tlfled as maforlty representatives of
Elllploy• ..,..._.tatlon Units shall be entitled to negotiate on wages, houn, and other terms
and conditions of employ,....t f« such units. This shall nat preclude other employees fran
"*•'-'ng with City 1"1Df1111nlatlves on matt ... ol concem to them.
Section 137:6 GRIEVANCES
A plevance It any dltpUta concemlng the Interpretation or appl lcatlon of any ordinance
written to lmpl.,.nt any sectlan of this Artlcle, or of a written agNement between the Oty and
a certified employ• OllGftlzatlon, « ol rul• 011 regulatlons govemlng personnel practices or
warlclng condltlcn. A dispute over the t.-of an lnltlal or renewed agreement does not
canstltute a plnance.
Grievances shall ultlma .. ly be Ntolwd by the Commission. Council shall establish
praceduN1 therefor by OnHnance.
Section 137:7 PROCEDURAL RIGHTS AN> OILIGA TIONS
SWlect to appeal to the loClld, the City Mc.tager shal I have the right to pronu lgate
rul• and NgUlatlons govemlng the activity ol certified employee organizations on City property,
Inc hiding praceduNI for con,_,..ng with management, use of bulletin boards and other City
facllftl•, and the sollcftatlon t:A membenhlp.
Section 137=8 RESOLUTION Of IMPASSES -COMMISSION RECOMMENDATIONS -vofEI lPPIOVlL
If the approprlaf9 City Npn11nlatlv• and the NpNsentatfves of a certified employee
mganlmtlon reach• ·lmpm1e, the matNr•hall be .._ltted to the Commiafon for fact-finding
and mediation. The Cornrnlulon may at Its dlacNtlon appoint or employ one or more mediators
« fact-finders to a11flt the Cornrnl•lon or the partl• Involved.
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Within thirty (30) clays after .-.1.1on to the Connlafon for fact-finding and mediation,
the Cornrnlalon shall rend• Ill flncllnga and NC._ndatlons to both the City Cl'ld to. the affected
~lay• •1n.,.tatlon Unit.
Should either the City or the &!ploy• ..,.._.tatlon Unit decline to accept the
recomn....tatlon ol the Cornrnl•lon, or to otherwlM agree, then either of said parties shall
within thirty (30) d4lp notify the Councll ol 111 .-111on.
Within thlrt)' (30) days after written notice to the Council by either party of its refusal
to acc .. the ~atlons of the Ca •nl.aon, the Cauncll lhall call a Special Mlnicipal
Electlon, by Ordinance or Retolutlon, .._lttlng the ~Ion of the Board to a vote of
the quallfled electon of the City for their ClflPIWCll or dl..,.-oval. Furthermore, If requested
to do so by the .,...,... e,.loy• unit, the City Cauncll shall .,bmit the proposal of the
-.loy• unit at the same election. The City Councll may, at Its discretion, .,bmit its proposal
at the same electlon.
The prapo111I receiving the highest number of vot•, ff approved by a maiority of the
quallfled electors voting thereon,· shall be d•mect cmanwed.
Said electlon shall be held consl.._t with the provisions of Article 11, Section 14, of
this Chalter.
&pews ol any Speclal Munlclpal Election called under this Section, shall be borne
by the Oty. All fw and ...,...s by the Boanl or Its appointees incurred hereunder, shall be
shaNCI equally by the City ond the .,...,... m.loy• .... sentatlon Unit •
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The City shall furnish meeting space and recording and transcribing services when
............ ch pn»ceedlnga.
Sectlan 138:1 CAREER SERVICE SYSTEM I .
The Councll shall create by Onllnance, a loald t:A ea .. , Service Commlssionen
con1lltlng of five (5) memben, sympathetic with the Intent and purposes herein set forth.
The ......._n of the loanl shall NSlcle within the City of Englewood and possess the
lnl9grlty and l.,..lallty to pn»tect the publlc lnt .. st, GI well as the Interest of the City n 111 •• 1..,,. ••
l1a .. 1n of the lamd .hall be .. 1ec.-and appointed GI follows:
.. ) T• Cl) ••"'• thall be ewolnted lly the Councll for terms of three (3) and
..., ft),.... "'--"-each Comml ...... lhall be ewolnted to a four (4) year .....
•> T• Cl)••"'• lllall be elected lly dlNCt secret ballot by all full-time regular °" .... ., .•.
The -lw rwlvl• the ........ plurallty of votes lhall serve for a term of four (4) ,_ n that na•ln•• wiving the next highest plurallty shall serve for a term of ..... (3,,....
(c) One (I) ..... of .... ea-..... lhall be •lected by the four (4) memben
prevlau1ly ewolnted cnl elected lly the Counc:ll and the City employ•• respectlvely.
Said_..., thall be elected by a malorlty vote cf the four (4) existing memben of
1e11d loanl, and thal I ..,,,. for a tern1 of four (4) years.
All• .... lhall be ellg•le lar Nappolntment or rMlection for one (I) succasive term
of lour (4) ,... •
l181Men ol the lomd lhall hold no other appointive or electlve nunicipal office during
their....,..• c.on.1a1on.s.
Cauncll shall wet apptaprlate Onllnances pnwldlng for the removal of any Commissioner
for c:antned r111lect of duties or malfwance in office and shal I further provide the
nec111my fne..,NI for nomination, elec:tlon and recall cf thole Commissionen elected
by the full-ti-N1Ular City -.10,.... The provisions of any such Ordinance shall be
ad.Snllt__. by the City Electlon Commlalon • establ lshed In this Charter.
Section 138:2 PRINCIPLES
The loanl of C:C.... S.Vlce Commlalonen shall IUbmlt to Council a Career Service
-..... anhmfvlng the fol lowlng prlnclples:
(a) Cla11lflcatlon ol all full-ti-NgUlar employ ... of the City.
t») Employment Hied on open, frM and competitive examinations GI to fitness for
-.loyment. Actual -.loyment to be made fn:Mn a certified eligibility list prepared
by the lomd of CaNer S.Vlce Commlulon .. and based on the examinations.
(c) Pranatlon within the E,.l.wood ea .... , Service to be made from a certified list of
ellglble .. lay ... pNpCnd by the loanl ol Career Service Commt11tonen and based on
wit, experience and reconl of ..vice.
fd) 18vl.w for appnMll or dl..,nMil, by the Boanl of Career Service Commlssionen,
al I cont.e.d ternllnatlons and disc Ip Unary actions. The dee talons of the Board sha 11
be Anal.
(e) Placwnt In their praper clCllllflcatlon, without furth. examination, all full-time ...,1. _,1oy .. of the City having at lead one (I) years satisfactory employment at
the ti• the C...-S.Vlce S,...m 11 adoDt9CI.
(f) Exclusl• ol all elective ofRC*I, appointees ol the Council and heads of departments.
fl) ExclUll• of one (I) conflclentlal lecNtary In the office of the City Manager, and In
the office of each depaa lnwnt, board or COillRl•lon at the discretion of the City Manager,
head ol the -.. inwnt, board or CCMmnr.lon, awlpKtlvely.
Section 138:3
The loanl shall have the followlng clutl• and DOWen:
(a) To ..... lne In d.._ed a.. or oihetwl• to apprwe appropriate &nployee
...... n1a11on lMlll.
t»> To •au• and 1Up91VI• the cle,_.lnatlon of appropriate Employee Reprwntqtlon
Unifi by _.. ol elec:tlons, as the enabll*W onllnance may direct. The results of .,ch
electl• shall be C*'tlRed by the Ca•ll•lon.
(c) To decide c:ontested mattwn lnvolvl• certification or decertification of employee
cqmtlmtlons.
fd) To,....., findings and awcommenclatlons • pnwlded by 137:8 of this Article.
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(t) To conduct lnvestlgatlona, hes testimony, and take evld.,ce under oath at
hearlftll on fllf'I matter .. lect to 111 lurlldlctlon.
(f) To tab •ch actions C11 the loanl d .... neceaary to effectuate the policles of
this Charter~ cnl any Onllnance adopted pu,.,ant hereto.
61) The loald Is authorized, followlng notice and hearing, to adapt reasonable rules
ond ptae..,191 not lnconllstent with the pnwlslons of this or any other Charter or
Orcll~ pnwlslons which a1W necwary In the performance of its duties.
IMPLEMENTATION
Within twenty (20) ~ aA.r appnwal by the quallfled electon of the amends hereinabove
....... , a certified copy of said Charter ........... shall be flied with the Secretary of State and with the
Dhctor of Fm.c., a-officio Oty-Oellc-T...,...,. .
Within sixty (60) ~ theNGA.r Councll shall 1 .. lement 1ald approved amendmenh by enabling
Qd"-'ce or Orcllnance1.
AnEST:
Section 2.
The votl"I mac:hl'* and ,._, ballots far tuc:h election shal I carry the fol low Ing
clellgnatlon which shall be the W-Sulon Clau•:
AMENDMENT NO. 5
to the Charter of the City of Engl.wood ...-nshlng provisions for
19CC11nlzlng ond defining the rights of all _,1oy_. and the rights
of the City, ...-nshlng formal rul• and pn»cedures to M10lve all
-.lor• relatlons molten, and cnatlng an Independent Board of
ear.. Service Canml•lonen to NIOlve all lnma ... or to .,bmft
the same toa vote ol the people.
Section 3.
City Council Mt.by finds ond detwmlw that an ......,...,cy exists In that any proposal
far a Charter Amendment to be -...1ttec:1 to the peaple for -.pnwal or dlmpproval must be
.... ltted by Ordinance and that Colorado lwlled Statutes Nlatlng to the Amnment of Home
•I• a-t.s NqUIN fd»llcatlon of the ...,.._... not I• than three (3) nor more than five (5)
weelcs prior to the genen1I or .-clal nunlclpal electlon,at which said proposal is to be considered.
further, the Cauncll finds and detennlw that It Is .... tlal that •ch proposal be submitted for
appnwal or dllappnMll by the quallfled electan as an alternate solutlon to that of the Fire
0.,wtnwnt Amend ... t, on November 7, 1972, theNfore this Ordinance shall take effect upon
fd»llcatlon fol lowing flnal DllllW.
lnf"*ced, read In full and pa•ed on flnt reading the 18th day of September, 1972.
M»llshed aa a 1111 far an Ordinance on the 21st day of September, 1972.
t.ad by tltle ond p•• on flnal Nading on the 25th day of September, 1972.
N»llshed by tltle As Onllnance No. 27, Serles of 1972 on the 28th day of September, 1972.
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I, K-' F. Noll.....,, do her.by certify that the allow and foNgolng Is a true, accurate
and COllp .... copy of the Onlin..c., pa111d on flnal ...ting and pWllshed by ti tie as Ordinance No. 27,
~a..o11m.
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ex Officio City Cleilc-Treasurer