HomeMy WebLinkAbout1989-09-20 EC MEMOMEMORANDUM
TO: Melody Kollath, Chairman, and Members
of the Englewood Election Commission ~
FROM: Patricia H. Crow, City Clerk ~~
DATE: September 20, 1989
SUBJECT: NOTICE OF ORDER, MOTION FOR EXPEDITED HEARING AND DECISION, SUMMONS,
COMPLAINT, AND MOTION FOR SUMMARY JUDGEMENT FILED BY THE ENGLEWOOD
POLICE BENEFIT ASSOCIATION AGAINST THE CITY OF ENGLEWOOD AND THE
ELECTION COMMISSION OF THE CITY OF ENGLEWOOD
Attached are copies of the above filings which were received by the City Clerk
at 3:25 p.m. on September 19, 1989.
The Englewood Police Benefit Association (EPBA) is requesting an expedited
hearing and a summary judgement from the Court concerning the issue of holding
the special election in conjunction with the regular municipal election on
November 7th. The Police Association also contends that the City Council
acted improperly by including both issues (1990 wages and the Senior Patrol
Officer position) on the ballot as one question.
I have also enclosed for your review a copy of Resolution No. 49 and 50, which
were approved by Council on September 5th, establishing the referendum ballot
questions.
At the request of Melody Kollath, Chairman of the Commission, I am enclosing a
copy of a letter dated September 7, 1989, addressed to her from Thomas
Buescher, the attorney representing EPBA. City Attorney DeWitt responded to
that letter on September 13th, and a copy is enclosed for your information.
It does appear this will be an interesting election! However, rest assured
that the City Attorney will defend this matter on behalf of the City and the
Election Commission. The City Attorney has advised me that the Commission
members will not be subject to personal liability as a result of this filing.
I will keep you posted as to the involvment of the Commission members in this
matter.
cc: Roger Fraser, City Manager
Rick DeWitt, City Attorney
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RE.soLurION NO. 1!l
SERIES OF 1989
(approved 9/5/89)
A RE.soLurION CALLING FOR A SPE>:IAL ELE>:TION PURSUANI' 'fO SEX:TION 137:6,
11 IliPASSE RFSOLtJI'ION PROCEDURE 11 ESTABLISHED BY THE fn1E RULE CHARTER OF THE
CITY OF ENGLE\-rr..D, RELATil-JG TO ElG...E·o:>D EMPLOYEES ASSOCIATION.
WHEREAS, the Engle<MXX:l Eiployees Association has notified City Council
of its dissatisfaction with the Career Service Board's recorrmendation
concerning t..'!-)e li\al1datory subjects of collective bargaining; and
Y.."HEREAS, pursuaT1t to Section 137:6 entitled 11 Irrpasse Resolution," City
Council hereby sW:rnits to a vote of the qualified electorate of the City the
final offer of the City of Englewood and the Englewood EI:ployees Association,
AFSOIB Local 303, and the reccr;rrendation of the Career Service Board, of which
one of the t.i'1ree rray be selected:
CITY OF ENGLE'!;·D'.)D FIN.~L OFFER -The City's final offer is a 2.0 percent
across-the-board increase over 1989 wages for all employees covered by
t..~e E.~glewood Eirl!?loyees Association contract.
:rnGLEWcx:m D·~LOYEES ASSOCL21,,TION I AFSOIB LCX:AL 303' FINAL OFFER -The
Engle\vo:>d Er.l!?loyees Association asked for a 6.5% across-the-board
increase over the 1989 wages for all enployees covered by the Englewood
:ET:q?loyees .?..ssociation contract.
CAREER SERVICE BOARD RD:XH•!EtIDATION -The Career Service Board
~eccnrnended an across-t.'!-)e-board salary increase of 2.7 percent over 1989
wages effective January 1, 1990.
Na;·1, THEREFORE, BE IT RE.SOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLE\·mo, coLORZ\00, AS FOLLCWS:
"' Section 1. There is hereby sul:rnitted to the qualified electors of the
City of Englewood, Colorado, at a special election to be held in conjunction
with the the general election en Noverr.ber 7, 1989, the question of the arrount
of pay raise aut.'!-)orized for t'!-)e Englewood Drployees Association, AFSQ.IB Local
303, contract for the year 1990.
Section 2. The voting machines and paper ballots for said election
shall carry t.'!-)e fallowing designation vmich shall be the sul:rnission clause,
and you are allowed to select one of the following; the one receiving the
highest nU!l'ber of votes vd.11 be deerred approved:
\
Select one of the following three:
CITY OF ENGLEl>roD'S FINAL OFFER: City recarrrends an across-the-board
pay increase over 1989 wages of 2.()% for the year 1990 for Englew:>od
Eirployee Association, AFSOiE Local 303, erployees O)Vered by contract.
El~D E7'-1PLOYEES ASSOCIATION, AFSCME LCCAL 303, FINAL OFFER -The
Englewood Employees Association, AFSCME Local 303, r.embers request an
across-the-board pay increase of 6.5% over the 1989 wages for the year
1990 effective January 1 , 1990.
CAREER SERVICE 00.?\RD REXXl-MENDATION -The Career Service Board
recorrmends an across-the-board increase of 2.7% over the 1989 wages for
Englewood Employees Association, AFS01E Local 303, m::mbers O)vered by
contract.
AOOPTED AND APPROVED the 5th day of September, 1989.
an Van Dyke, Mayor
(
I, Patricia H. C:rCM, City Clerk for the City of Englewood, Colorac:b,
hereby certify the foregoing is a true O)py of Resolution No. 'Zfo, Series of
1989. ~ ,L.f-/}
~~ ~&~~r
Patricia H. C:rCM
~
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RFSOLUI'ION NO. 5o
SERIES OF 1989
A REOOLurION C.r..LLING FOR A SPEX:IAL ELECTION PURSUANT TO SEX:.'TION 137:6,
"IMPASSE RESOLUTION PROCEDURE" ESTABLISHED BY THE Ha1E RULE CHARTER OF THE
CIT'.i OF ENGLEWX>D, RELATING TO THE ENGLil-roD POLICE BENEFIT ASSCX:.IMION/
FRATERNAL ORDER OF POLICE LO::x;E #22.
WHEREAS, The Engl~d Police Benefit Association/Fraternal Order of
Police Lodge #22, has notified City Council of its dissatisfaction with the
Career Service Board's recorrrrend.ation concerning the mandatory subjects of
collective bargaining; and
WHERE.?>.S, pursuant to Section 137: 6 entitled "Impasse Resolution, 11 City
Council hereby sul:!nits to a vcte of the qualified electorate of the City the
final offer of the City of Engl~d and The Englewood Police Benefit
Association/Fraternal Order of Police Lodge #22, and the reconm:ndation of the
Career Service Board, of which one of the three may be selected:
CITY OF ENGLE\-\OJD FIN..~L OFFER -The City's final offer is a 2.0 percent
acrcss-the-board increase over 1989 wages for all Police Officers
effective January 1, 1990.
THE ENGLEWCX:>D POLICE BENEFIT ASSOCIMION, FRATERNAL ORDER OF POLICE
LOIX;E #22, FINAL OFFER
Item 1 -The rredian wage as determined per the current contract
under Article lO(b) with a guaranteed minimum (floor) of 2.0°,4 and a
ma.x.imum (ceiling) level of 4. Q'%.
Item 2 -The establishrrent of Senior Patrol Officer pay with a
salary increase of 2.()3 over the Class 1 Patrol Officer at the beginning
of the sixth year of service. The salary will increase another 2.0'fe, at
the beginning of the ninth year, twelfth and fifteenth years for a total
of an 8. rf/o increase, in addition to normal pay raises, over a period of
ten years.
Effective 1/1/90, 'to bring officers to the proper point on
this scale, officers in their sixth, seventh or eighth years will
receive an additional 2.()3 salary increase. Officers in their ninth,
tenth or eleventh year will receive an additional 4.()3 salary increase.
Officers in t.~eir twelfth, thirteenth or fourteenth year will receive an
additional 6.r:f/o salary increase, and officers in their fifteenth year or
above, an additional 8. 03 salary increase. After the increase at the
beginning of the fifteenth year, no additional step increase will be
received through retirerrent.
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. '
CAREER SERVICE BOARD REXXM-1ENDATIOO
1. Effective January 1, 1990, and consistent with the City's
payrcll periods, employees covered by this contract shall be paid
according to the following salary schedule which includes a 2.0'%,
wage increase:
Monthly Yearly
Probationary $2,146 $25,752
Police Officer III $2,360 $28,320
Police Officer II $2,596 $31,152
Police Officer I $2,855 $34,260
2. Effective May 1, 1990 and consistent with the City's payroll
periods, employees covered by t.'1e police contract shall be paid an
additional increase representing the difference between the rates
set forth above and those necessary to pay employees at a rredian
wage as determined by the sarre rrethodology set forth in the current
contract between the City of Englewood and The Engle'nQC>d Police
Benefit Association section lO(B) and is provided that in no event
will the employees receive a raise in salary rate of less than the
2.0% for the entire 1990 year, nor will the increase in salary rate
exceed 4. 0°,k during 1990, and that the deadline for collecting data
shall be November 15, 1989, and the deadline for verifying data
shall be Noverrber 30, 1989. The parties shall determine whether
they are in agreerrent on t.'1e data or in disagree:rrent by December 1,
1989. As set forth in t.'1-ie current contract, should a dispute arise
between the City arid the Association concerning the accuracy of the
wage survey data, the dispute shall be subject to the grievance
procedure contained in t.'1is contract.
3. On t.'11e question of the senior patrol pay, the Board finds that
the evidence presented does not justify the establishrrent of the
senior patrol pay. The record reflects that the wages and benefits
of Englewood patrol officers are roughly comparable to the wages and
benefits available to police officers in comparable m.inicipalities.
Furtherm::ire, given the City's pessimistic financial outlook, it
would be inappropriate. to aaopt the senior patrol proposal which
essentially increases .the maxi.mum pay for Englewood police officers
an additional 8. Cl°k over current levels. 'llle evidence simply cbes
not warrant any increase that substantial to address the concerns
identified by the Association.
NCM, THEREFORE, BE IT RESOLVED BY THE CITY CXX.JNCn. OF THE CITY OF
~DI COLORADO I AS FOLLa-5:
Section 1. There is hereby sul:mitted to the qualified electors of the
City of Engl~, Colorado, at a special election to be held in conjunction
with the the general election on November 7, 1989, the question of the am:::>unt
of pay raise authorized for The Englewood Police Benefit Association,
Fraternal Order of Police Lodge #22, contract for the year 1990.
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Section 2. The voting machines and paper ballots for said election
shall carry the following designation which shall be the sul::rni.ssion clause,
and you are allowed to select one of the following; the one receiving the
highest nurrber of votes will be deerred approved:
Select one of the following three:
CITY OF ENGLEW:X)D FrnAL OFFER -The City's final offer is a 2.0 percent
across-the-board increase over 1989 wages for all Police officers
effective January 1, 1990.
THE El~-IDD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER OF POLICE
LOrGE #22, FrnAL OFFER
Item 1 -The rnedian wage as determined per the current contract
under Article lO(b) with a guaranteed mininrum (floor) of 2.0'/'o and a
maximum (ceiling) level of 4.0'/'o.
Item 2 -The establishment of Senior Patrol Officer pay with a
salary increase of 2.0'/'o over the Class 1 Patrol Officer at the beginning
of the sixth year of service. The salary will increase another 2.0'/'o at
the beginning of the ninth year, twelfth and fifteenth years for a total
of an 8. rf'/o increase, in addition to nonnal pay raises, over a period of
ten years.
Effective 1/1/90, to bring officers to the proper point on
this scale, officers in their sixth, seventh or eighth years will
receive an additional 2.rf'/o salary increase. Officers in their ninth,
tenth or eleventh year will receive an additional 4.0"/o salary increase.
Officers in their twelfth, t.lll.rteenth or fourteenth year will receive an
additional 6.rf'/o salary increase, and officers in their fifteenth year or
above, an additional 8. rf'/o salary increase. After t.'1e increase at the
beginning of the fifteenth year, no additional step increase will be
received through retirem=nt.
CAREER SERVICE BOARD REX:XM•IBNDATION
1. Effective January ·.l, 1990, and consistent with the City's
payroll periods, employees covered by this contract shall be paid
according to the following salary schedule which includes a 2.0%
wage increase:
M::mthly Yearly
Probationary $2,146 $25,752
Police Officer III $2,360 $28,320
Police Officer II $2,596 $31,152
Police Officer I $2,855 $34,260
2. Effective May 1, 1990 and consistent with the City's payroll
periods, employees covered by the police contract shall be paid an
additional increase representing the difference between the rates
set forth above and those necessary to pay errployees at a nedian
wage as detennined by the same methodology set forth in the current
contract between the City of Englewood and 'nle Englewood Police
Benefit Association section lO(B) and is · provided that in no event
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will the erployees receive a raise in salary rate of less than the
2.Cf7o for the entire 1990 year, nor will the increase in salary rate
exceed 4.Cf7o during 1990, and that the deadline for collec~ing data
shall be Noverrber 15, 1989, and the deadline for verifying data
shall be November 30, 1989. The parties shall determine whether
they are in agreerrent on the data or in disagreerrent by Decarber 1,
1989. As set forth in the current contract, should a dispute arise
between the City and the Association concerning the accuracy of the
wage survey data, the dispute shall be subject to the grievance
procedure contained in this contract.
3. On the question of the senior patrol pay, the Board finds that
the evidence presented does not justify the establishment of the
senior patrol pay. The record reflects that the wages and benefits
of Englewood patrol officers are roughly carrrparable to the wages and
benefits available to p:ilice officers in comparable m.inicipalities.
Furthermore, given the City's pessimistic financial outlook, it
v.x:>uld be inappropriate to adopt the senior patrol proposal which
essentially increases the maximJm pay for Englewood p:ilice officers
an additional 8. Cf'/o over current levels. 'fue evidence simply does
not warrant any increase that substantial to address the concerns
identified by the Association.
AOOPTED .AND APPROVED the 5th day of Septerrber, 1989.
~;t~ J/ !!tu/
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado,
hereby certify the foregoing is a true copy of Resolution No • .:i£2., Series of
1989. ': /)
!dditua.,,..7/ c~
Patricia H. Crow
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MEMO
TO:
FROM:
DATE:
RE:
Englewood Election Commission
Patricia Crow, City Clerk
Rick DeWitt, City Attorney
September 20, 1989
EPBA v. City and Election Commission
In reply to your inquiry as to the liability of the Election
Commissioners and you individually, please be advised that there
is no personal liability.
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