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HomeMy WebLinkAbout1981-02-26 Issue Summaries•• • • City o f Engl e wood u- 1. OF F ICE OF THE CITY ATT OR NE Y Joe Bilo 4095 S. Jason Englewood, CO 80110 February 26, 1981 Re: March 24 Special Election -Charter Propos al s Dear Joe: 34 00 S . Elati S t ree t Englewood , C o l orado 80 110 P hone (303) 761 -1140 I am enclosing a copy of a report concerning the various Charter amendments. This was put together by Dorothy Romans. I he l ped her do this a nd feel that it is in g e neral a good summary. If yo u would like more detail, please g i ve me a call so that I can give you a hand. I believe the tri al we are involved in on the fire station will be concluded o n the 26th so I will have more time to de v ote to this ques- tion should it be necessary. Very truly yours, Rick DeWitt City Attorney bb Enclosure -· FO il • • CITY OF ENGLEWOOD, COLORAD O SP ECIAL ELECTION MA RCH 24, 1 981 AMEND MENT NO. 1 AGAIN ST Shal l the Ho me Rule Ch arter o f the City of En g l ewood , Colorado , Art i c l e XV, be re p e al e d and readopte d to provide t he f o l l owing a me n d- ment : ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM --1981 AMENDMENT -To Article XV of the Charter of the City of Englewood concerning: l. The Career Service System and collective bargaining rights for certain City employees; 2. Prohibiting City employees and employee organizations from engaging in any strike; 3. Providing a Career Service Board to ad- minister and/or hear and determine certain Career Service System and Labor Relations matters and disputes; 4. Providing certain Career Service System and Labor Relations definitions; 5. Providing the right of certain City employees to bargain collectively through certified em- ployee organizations of their own choosing con- cerning wages, hours, vacations, holidays, and certain other terms and conditions of employment and excluding certain subjects from collective bargaining; · 6. Providing a method for resolving impasses in such bargaining, including submission for fact finding to the Career Service Board and submission to the qualified electors of the City for vote on certain unresolved issues; 7. Providing certain factors and procedures for determining appropriate units for the purpose of collective bargaining; 8. Providing a Career Service System applicable to certain City employees and embodying certain merit principles. -· -2- 9. Giving the full time classified employee who is not a confidential employee, a managerial em- ployee or a supervisor, the free choice of form- ing, joining, supporting or participating in an employee organization. This amendment would repeal the 1972 article concerning Engle- wood Employee Relations and Career Service Systems Act and adopt in its place a new article. This proposed article would: --Remove the administration of personnel from the Career Ser- vice Board. All matters involving classification, reclassifica- tion, recruitment, hiring, examination and promotions out of the bargaining unit would be handled administratively. The Career Service Board would hear grievances and appeals of full- time permanent classified employees only. Supervisors, confi- • dential, and managerial employees would not present grievances to the Board for other than disciplinary actions or merit • appeals. --Any bargaining unit recognized by the Career Service Board would represent only full-time classified employees as defined in the articles of this Chapter. All employees in the City Manager's office and in the City Attorney's office, all Depart- ment Heads and their confidential secretaries, managerial and supervisory employees, and any part-time, temporary or contractual employee would be excluded from participation in the bargaining unit . Strikes would be prohibited as a means of settling disputes. In the event of a disagreement between the City and the employee organization over the findings and recommendations of the Career Service Board, the City Council would be required to call a -3- •• sp ecial election and s ubmit t he final offers o f the Ci t y, the emp l oyees organ i zation , and t he Car e er Se r v i c e Bo a rd re commen d a- tion f or vote by the q ual ifie d e l ector a te o f the Ci t y . --Neg o tiati ons wo ul d c onm ence on Ma y 15th o f any app l i cable year . The agreement would be for a te rm of n ot less tha n one year nor more than three years, and wo u ld become effective on a January 1 date and terminate on a December 31 date . --Subjects prohibited from negotiations would be any subject "pre-empted" by the City Charter, state or federal law, federal or state pension provisions, selection of insurance carrier and all matters invo~ving classification, reclassification, recruitment , • hiring, examination, cer tification and promoti ons out of the bargaining unit. • --Mandatory subjects for negotiation would be wages, hours, vacation, insurance as pertaining to the contribution levels and levels of benefits, holidays, administrative leave, personal leave, military leave, disability leave, funeral leave, dues deduction, grievance resolution procedure (including associated costs and expenses), contribution levels of pension or retire- ment provisions, overtime pay formulation, work uniform pro- vi~ions, acting pay, longevity, transfer procedure, procedure for suspension, demotion, and discharge, and education in- . centives . Maintenance of benefits would be considered a mandatory bargaining subject to cover a three-year period up to December 31, 1984. -· • • -4- --Collective bargaining upon any other subject than those mentioned above would be permissive and could be conducted if mutually agreed upon . • -· • • FO R AMENDMENT NO. 2 AGA I NST Amending t h e Charter of t h e City of Englewo od r elatin g to Art i c l e I X, Se ction 76 , "Right o f Eminent Dom a i n ," allowi ng City Counc i l t o d e t er- mine by resolution p r operty n e c es sary fo r pub l i c use, allowing t h e tak ing of pro p erty tha t is currently in public use and p r o v iding t h a t th e manner of exercis i ng e minent do main sha l l be in accordance wi th gener al law .. This is a housekeeping measure which would clarify the City powers of eminent domain. The present Charter provision states very simply that"the City shall have the Right of Eminent Domain as provided by the Statutes of the State of Colorado". With this wording, it is n ·ot clear whether the intent is that the Statutes grant the authority for eminent domain or set forth the procedure to be used . The proposed amendment would not grant additional authority to the City. This amendment would clarify the matter by establishing that the City Council does have the authorit y to exercise the powers of Eminent Domain* and that the City Council can c~ndemn designated property if it is determined that that property is required for public use. The procedure to be used in exercising Eminent Domain would then be as pro.vided by general law. ·k* * Eminent Domain: The taking of private property for public use. ~'r*The term "General Law" refers to the applicable sections of the Colorado Revised Sta.tutes, 1973, as amended, the State Constitution and the Englewood Home Rule Charter. l l •• • • FOR AMENDMENT NO. 3 AGAINST Shall the Ho me Ru l e Cha r ter be amended to in - crease from $1 ,000 to $5,000 the requiremen t for competitive bidding on capital imp roveme nt projects and require negotiate d contracts to .be approved by Coun cil Re solut ion a mending Section 116 o f Art i cle X? Section 116 of the Charter requires that s .ealed bids must be received for any Capital Improvement project in excess of $1,000. The value of the dollar when the Home Rule Charter was adopted in 1958 and the $1,000 limit was established, was $1.155. The value of the dollar in 1967 was $1.00. The value of the dollar in April of 1980, was $0.412.* With the inflation rate that we have had and are experiencing, the City has found that this figure is extremely restrictive and that the Capital Improvement projects could .be expedited if the ceiling were increased to $5,000. This amendment would also permit the City Council to approve any negotiated contract by Resolution rather than by Ordinance. The time necessary to. adopt an Ordinance can be anywhere from three to four months because of publication and procedural requirements. On the other hand, the City Council can con- sider and pass a Resolution at one meeting. Because of the * Source: Memorandum dated July 22, ·1980, from John Lowry, Assistant Director of Finance, to Gary R. Higbee, Director of Finance. -· • • -2- difference in th e timing of the s e two p r ocedures , cost s avin gs can often be realized, not only because of rising costs, but because of the availability of products and services . •• • • FO R AMENDMENT NO. 4. Shall the Home Rule Charter be amended to in- crease from $1,000 to $2,500 the requirement AGA IN ST for competitive bidding for purchase of supplies, materials, or equipment, amending Section 113 of Article X? Amendment No. 4, as does Amendment No. 3, addresses the matter of inflation and would not require competitive bids to be sought for any purchase of supplies, materials or equipment under $2,500.00 . •• • • FOR AMEND MEN T NO. 5 Sh all the Home Rule Char t er be amen d ed to chang e qualif i c a t i ons f or Co u n c i l to a llo w Counc il members to remain Counc il mem b e r s and hold oth er public offi ce that is no t c onnec t e d wi th any mun icip a li t y amend ing Se ct i on 2 3 o f Ar ticle I II? This amendment would permit Engle~ood City Council members to hold other elected offices, except other municipal offices. The measure would provide for local representation on other elected bodies such as a Metro Council. This change will allow our Council persons to run for such offices. In the recent election to select persons to serve on the pro- posed Metro Council, the names of members of the Englewood City Council could not appear on the ballot because Section 23 of Article III of the Home Rule Charter states that : "No elected City official shall hold any other elective public office ..... " The question of the Metropolitan Council was defeated last November, but the issue has been raised before and undoubtedly will be again . Because of this Charter provision, the City of Englewood could be placed in the position of not being directly represented on a body such as the proposed Metropolitan Council, and matters not to their best interests could be imposed upon the Engle-. wood citizens. With this Charter amendment, members of the City Council would be able to better serve the citizens by assuming an elective position in a situation similar to that cited above. •• FOR AMENDMENT NO. 6 AGAINST Shall the Home Rule Charter election provisions be amended to provide: That a recall election shall be held not less than 60 days nor more than 120 days after filing a recall petition. providing that in the case of a municipal election, the recall election shall generally be held in conjunction there- with and, in the case of state election, the recall election shall generally be held there- after, that in the event. of a recall, an election shall be held thereafter to determine a successor, amending Section 34, Article IV? Amendment No. 6 would clarify the procedure to be followed in the event the recall of a member of the Englewood City Council were to be sought. • Specifically, the amendment would: • 1. Require that the elected officer for whom the recall is sought to have held office for at least six (6) months before the recall process could be undertaken. 2. Require that a petition for recall must contain an affidavit stating the reason for recall. 3. Permit the person for whom the recall is sought to have a statement on the recall petition in defense of the charges made against him. 4. Set forth the procedure for circulating, signing and filing a recall petition; and 5. Require a recall election to be held in conjunction with a -2 - . • General Municipal Election or Special Munic i pal Election if such election were sch eduled to be held between 60 and 120 days after the recall petition is authorized by the City Clerk. • • 6. The amendment would also provide that in the event a general State election were to be held within the 60th to 120th day after the recall petition was filed, the recall election would be held on the 46th to 90th day after said general State election. 7. If there were no general or special municipal or general State election scheduled within the specified time period following the filing of the recall petition, the City Council must set a date for a recall election to be held not less than sixty (60) nor more than one hundred twenty (120) days after the petition is filed. 8. Should the officer be recalled, there shall then be an election to fill the vacancy . •• • • FOR AMEND:t1ENT NO. 7 AG AINST Shall the Home Rule Charter for the City of Englewood be amended to allow the nonconspicuous identification of City vehicle s with annual notification to City Council o f such identifica- tion amending Section 115 of Article X? This Charter amendment would make .. it poss~ble i n certain instances for designated automobiles , trucks and movable road and street machinery to be identified in a non-conspicuous manner. The identification in these instances would be by the installation of a small plate on the door jamb carrying the City's vehicle unit number. Each year, the City Manager would inform the City Council as to which vehicles had been identified in this nonconspicuous manner. All other City automobiles, trucks and movable road and street machinery would be identified in a conspicuous manner. This amendment would clarify the position of the Police Depart- ment while using vehicles in undercover work in those situations in which a conspicuous identification on the vehicle would hamper the Police investigation . •• FOR AME NDME NT NO. 8 AGAINST Shall the Home Rule Charter election provisions be amended to provide: 1. Increasing Election Commission membership from three (3) members to five (5) members, amending Section 11, Article II : 2. That petition forms may be circulated 50 days prior to election and are to be filed with the City Clerk not less than 30 days prior to election amending Section 15, Article II? This amendment would increase membership on the election com- mission from three to five, and increase the petitioning time for elective office. This is a housekeeping matter designed to bring the timing required for circulating, signing and • filing petitions for persons seeking elective municipal office into conformance with the State Statute. The proposed change would also synchronize the City election time table with the State Statute. By increasing the number of qualified electors • serving on the Election Commission, greater input in the election process would be received and the electorate would have in- creased representation . •• • • FOR AMENDMENT NO. 9 AGAINST Shall the Home Rule Charter, Article IX, Part III , Section 68, be amended to read as follows: 68: ESTABLISHMENT THERE IS HEREBY ESTABLISHED A MUNICIPAL COURT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES ARISING UNDER THE CHARTER AND ORDINANCES OF THE CITY. THE MUNICIPAL COURT JUDGE SHALL BE AP- POINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY FOUR CON- CURRING VOTES. IF, IN THE DISCRETION OF COUNCIL, MORE THAN ONE JUDGE IS NECESSARY, ONE OR MORE ADDITIONAL JUDGES MAY BE APPOINTED. COMMENCING JANUARY 1, 1982, AND THEREAFTER, ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTED. UPON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MUNICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIRED TERM OF ANY ELECTED MUNICIPAL JUDGE SHALL NOT HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNICIPAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE MUNICIPAL COURT NOMINATING COMMISSION FOR THE VACANCY. THE LIST SHALL BE SUBMITTED BY THE NOMINATING CO:MMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE. METHOD OF RE-APPOINTMENT: THE MUNICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT.AT THE CONCLUSION OF THE TERM OF OFFICE . •• • • -2- MUNICIPAL COURT NOMINATING COMMIS SION: THE PU RPOSE OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL BE TO FIND THE MOST QUALIFI ED PERSONS FOR THE POSITION OF MUNICIPAL COUR T JUDGE IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW IN THE CITY OF ENGLEWOO D, AND THREE ELECTORS OF THE CITY TO THE MUNICIPAL COU RT NOMINAT ING CO MMISSI ON. MEMBERS OF THE MUNICIPAL COURT NOMINATING COM- MISSION SHALL SERVE TERMS AS FOLLOWS: COUNCIL PERSONS SHALL SERVE DURING THEIR TENURE, ONE MEMBER SHALL SERVE UNTIL · DECEMBER 31, 1982, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1983, AND TWO MEMBERS SHALL SERVE UNTIL DECEMBER 31, 1984. THEREAFTER, EACH MEMBER APPOINTED SHALL SERVE UNTIL THE 31ST OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE OF APPOINTMENT. This amendment would give the City Council the authority to appoint one or more municipal court judges as deemed necessary, and would be in conformance with the procedure followed in other cities in Colorado, inasmuch as Englewood is currently the only conmunity in the state with an elected judge. This amendment would require the Council to make the appointment of the municipal court judge(s) effective January 1, 1982. The term of the appointment would be for not less than one year : •• • • FOR AMENDMENT NO. 10 AGAINST Shall the Home Rule Cha rter of the City of Englewood, Colorado, Article IX, Part II, Section 70, be amended to re ad as follow s: 70: DU TIES RULES, PROCEDURE, ADMINISTRATION OF PERSONNEL AND BUDGET MATTERS, COSTS AND FEES, SHALL BE ENACTED AS DEEMED NECESSARY BY COUNCIL UPON RECOMMENDATION BY THE MUNICIPAL COURT JUDGE. This Amendment would remove the actual administration of the Court from the Municipal Judge and place it under the City Council. The Judge would make recommendations to the Council as to the administration of the Court relative to rules, pro- cedure, administration of personnel, budget matters, costs and fees .