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Home My WebLink About1989-12-18 EC MEMO [1]MEMORANDUM TO: Election Commission Members FROM: Patricia H. Crow, City Clerk DATE: December 18, 1989 SUBJECT: FOLLOW-UP OF BREAKFAST MEETING ON DECEMBER 12, 1989 Attached are copies of letters which were prepared at your direction on December 12th. The one letter was transmitted to Mayor Van Dyke and members of Council on Thursday, December 14th; the other, to Mr. Haidon, was mailed on December 13th. I will keep you posted if and when a response to either one is received. I believe you inquired as of Resolution Nos. 72 and issues for EPBA and EEA. each Resolution. to the wording on the ballot. Attached are copies 73 which establishes the wording on the wage impasse I've marked the ballot wording which is on page 2 of Lou has sent out inquiries to potential judges, asking them to advise us by December 29 if they are available. The deadline for appointing judges is January 15th. Keep your fingers crossed that most of them will be available on the 30th. Enclosed is an election calendar and you will notice I've scheduled a meeting for January 11th for the Election Commission to meet to certify the ballot and judges appointments -4:30 p.m., Ernie Anderson Conference Room in the Library. Please let me know ASAP if this is not a good date. C~ity of Englewood December 13, 1989 Mr. William G. R. Haidon 4685 South Logan Street Englewood CO 80110 Dear Mr. Haidon: 3400 S. Elali Stre et Englewood, Colo ra d o 80 11 O Phone (303)761-1140 In response to your telephone conversation with me several days ago, please be advised that the Englewood Election Commission has been provided copies of the protest filed by you with the City Clerk on November 16, 1989. As Ms. Crow informed you at the time of filing, she forwarded your protest to the City Attorney. Mr. DeWitt informed Ms. Crow the matter would properly be addressed by the City Council, and he then provided copies of your protest to the Council members, and the matter was discussed with Council at their November 20th regular meeting. For a complete report on the outcome of that discussion, I would recommend that you contact Mr. DeWitt. However, I sense from our conversation and from the protest itself that you are of the opinion the Election Commission should conduct a hearing in this regard. If that is your intent, it will be necessary for you to request a hearing in writing, stating specifically your concerns and charges. Please be assured the Election Commission members are more than willing to hear what you and others of the community have to say. We may not have the specific powers to reverse decisions made by City Council, but we are certainly willing to hear the matter and render our opinion in this regard. ENGLEWOOD ELECTION COMMISSION /J;<.-&~/ VJ~ l:f-(f_a.fN Melody Kollath, Chairman cc: Englewood City Council Roger Fraser, City Manager Rick DeWitt, City Attorney December 12, 1989 Mayor Van Dyke, Council Members, Council Members-elect Englewood, Colorado 8011 O Dear Mayor Van Dyke, Council Members, and Council Members-elect: During the past municipal election (Nov 7, 1989), we had two occasions to meet with Mr. Rick DeWitt to address procedural concerns of the Election Commission. Our first meeting was prior to our addressing City Council on October 2, and was at Mr. DeWitt's request. We thought the purpose of the meettng was to clarify our responslbllltles during an election. Instead, we found the meeting to be of a confrontational nature. Our second meeting with Mr. DeWitt was on December 1 at our request. At this meeting we were requesting clarification of our duties and responsibilities. We wanted to make sure that we would know how to handle future situations which might arise . This was important to us as a number of things had come up during this past election for which we were not prepared . As a group, we feel that Mr. DeWitt failed to provide us with the direction which we requested. He did send us a letter with reference only to Mr. Haidon's protest which we received on December 8, 1989. A copy of the letter is enclosed for your information. We feel that it is indicative of the type of communication which we have had in our meetings . As members of the Election Commission appointed to the Commission by City Council , we have decided to address our concerns to you. The course of the commission depends upon firm advice from the City. We feel that we serve to meet the needs of Englewood residents and would like to do that to the best of our abilities. In order to do that, however, we do need the full cooperation of the city administration. Since we feel that the City Attorney has not provided that direction, we request that you do so . If you wish to discuss this matter, we will make ourselves available to you . At the direction of the Englewood Election Commission, ~~x~~ Melody L. Kollath Cha1rman MEMORANDUM TO: Melody Kollath, Election Commission Chairman Ken Bull, Election Corn.mission .Member Betty Wilson, Election Commission Member Patricia Crow, City Clerk FROM: Rick DeWitt, City Attorney DATE: December 4, 1989 RE: Memo from William G. Haido n. You have inquired, of this office, what approach should be taken in response to t h e statement from William G. Haidon. Mr. Haidon seems to be c on testing a provision in the Horne Rule Charter. Without more information, I do not know how the Election Commission can determine the appropriate course of action. It is my suggesti o n that the Election Commission send a letter to Mr. Haidon, asking him: 1. Whether he wa n ts a hearing on the subject . 2. Have him pro vi de as much elaboration as he can on his protest. The responsibilities o f the Commission are as set forth in Sections 10 and 11, of t h e Ch arter. At the present time, I am reluctant to advise, wit h respect to whether Mr. Haidon's protest c o mes within Sections 10 and 11. I do not want the Electi o n Co mmission to be circumv ented by Mr. Haid o n with respec t to i t s jurisdiction. c c : Mayo r Van Dyke Eng lewood City Co un cil Ro ge r Fraser nf RESOLUTION NO. SERIES OF 1989 A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE RESOLUTION PROCEDURE, ESTABLISHED BY THE HOME RULE CHARTER OF TI-IE CITY OF ENGLEWOOD, RELATING TO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER OF POLICE LODGE #22. HIIEREAS, the Englewood Police Benefit Association/Fraternal Order of Police Lodge #22, has notified City Council of its dissatisfaction with the Career S e rvice Board's recommendation concerning the mandatory subjects of collective bargaining; and WHEREAS, pursuant to Section 137:6 of the Home rule Charter, the City Council her e by submits to a vote of the qualified electorate of the City the final offer of the City, the Englewood Police Benefit Association/Fraternal Order of Police Lodge #22, and the Career Service Doard as follows: CITY OF ENGLEWOOD FINAL OFFER -The City's final offer rejected the Senior Patrol Officer cl a ssification. THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER OF POLICE LODGE #22, FINAL OFFER The establishment of Senior Patrol Officer pay with a salary increase of 2.0 percent over the Class 1 Patrol Officer at the beginning of the sixth year of service. The salary will increase anoth e r 2.0 percent at the beginning of the ninth year, twelfth and fifteenth years for a total of an 8.0 percent 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 2.0 percent salary increase. Officers in their ninth, tenth or eleventh year will receive an additional 4.0 percent salary increase. Officers in their twelfth, thirteenth or fo_urteenth year will receive an additional 6.0 percent salary increase, and officers in their fifteenth year or above, an additional 8.0 percent salary increase. After the increase at the beginning of the fifteenth year, no additional step increase will be received through retirement. CAREER SERVICE BOARD RECOMMENDA'l'ION 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 comparable to the wages and benefits available to police officers in comparable municipalities. -1 - Furthermore, given the City's pessimistic financial outlook, it would be inappropriate to adopt the senior patrol proposal which essentially increases the maximum pay for Englewood Police Officers an additional 8.0 percent over current levels. The evidence simply does not warrant any increase that substantial to address the concerns identified by the Association. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. There is hereby submitted to the qualified electors of the City of Englewood, Colorado, at a special election to be held January 30, 1990, the question of the amount of pay raise authorized for The Englewood Police Benefit Association, Fraternal Order of Police Lodge #22, contract for the year 1990 as it pertains the establishment of Senior Patrol Officers pay. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause, and voters are allowed to select one of the following, the one receiving the highest number of votes will be deemed approved: CITY OF ENGLEWOOD FINAL OFFER -The City's final offer rejected the Senior Patrol Officer classification. THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER OF POLICE LODGE #22, FINAL OFFER The establishment of Senior Patrol Officer pay with a salary increase of 2.0 percent over the Class 1 Patrol Officer at the beginning of the sixth year of service. The salary will increase another 2.0 percent at the beginning of the ninth year, twelfth and fifteenth years for a total of an 8.0 percent 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 2.0 percent salary increase. Officers in their ninth, tenth or eleventh year will receive an additional 4.0 percent salary increase. Officers in their twelfth, thirteenth or fourteenth year will receive an additional 6.0 percent salary increase, and officers in their fifteenth year or above, an additional 8.0 percent salary increase. After the increase at the beginning of the fifteenth year, no additional step increase will be received through retirement. -2 - '• !j I: . ~ CAREER SERVICE BOARD RECOMMENDATION 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 comparable to the wages and benefits available to police offic ers in comparable municipalities. Furthermore, given the City's pessimistic financial outlook, it would be inappropriate to adopt the senior patrol proposal which essentially increases the maximum pay for Eng lewood Police Offic ers a n additional B.O percent over current levels. The evidence simply does not warrant any increase that substantial to address the concerns identif i ed by the Association. ADOPTED AN D APPROVED this 4th day of December, 1989. Patricia H. Crow, City Clerk Dyke, Ma or I !. / I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the foregoing is a true copy of Resolution No . .µ,_, series of 198n . . /} Jef',,__.,__:_-,--c:e~~-u-=-~-X~(/-~_ Patricia H. Crow -3 - '·. RESOLUTION NO. SERIES OF 1989 1_3 A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE RESOLUTION PROCEDURE, ESTABLISHED BY THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD, RELATING TO THE ENGLEWOOD EMPLOYEES ASSOCIATION. HIIEREAS, the Englewood Employees Association has notified City Council of its dissatisfaction with the Career Service Board's recommendation concerning the mandatory subjects of collection bargaining; and WHEREAS, pursuant to Section 137:6 of the Horne rule Charter, the City Council hereby submits to a vote of the qualified electorate of the City the final offer of the City, the Englewood Employee Association, AFSCME Local 303, and the recommendation of the Career Service Board, of which one of the three may be selected. CITY OF ENGLEWOOD FINAL OFF ER -The City's final offer is a 2.0 percent across-the-board increase over 1989 wages for all employees covered by the Englewood Employees Association contract. ENGLEWOOD EMPLOYEES ASSOCIATION, AFSCME LOCAL 303, FINAL OFFER -The Englewood Employees Association asked for a 6.5 percent across-the-board increase over the 1989 wages for all employees covered by the Englewood Employees Association contract. CAREER SERVICE BOARD RECOMMENDATION -The Career Service Board recommended an across-the-board salary increase of 2.7 percent over 1989 wages effective January 1, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby submitted to the qualified electors of the City of Englewood, Colorado, at a special election to be held on January 30, 1990, the question of the amount of pay raise authorized for the Englewood Employees Association, AFSCME Local 303, contract for the year 1990. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause, and voters are allowed to select one of the following, the one receiving the highest number of votes will be deemed approved: , I I ' .. ITY OF ENGLEWOOD FINAL OFFER -The City's final offer is a 2 0 percent across-the-board increase over 1989 wages for a 1 employees covered by the Englewood Employees sociation contract. ENGLEWOOD EMPLOYEES ASSOCIATION, AFSCME LOCAL 303, FINAL OFFER -The Englewood Employees Association asked for a 6.5 percent across-the-board increase over the 1989 wages for all employees covered by the Englewood Employees Association contract. CAREER SERVICE BOARD RECOMMENDATION -The Career Service Board recommended an across-the-board salary increase of 2.7 percent over 1989 wages effective January 1, 1990. ,. oPTED AND APPROVED this 4th day of December, 1989. ~«~ Jvl. a~ ~L., .. db~ -~ Susan Van Dyke, Mayor ,ij Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk for the City of Colorado, hereby certify the foregoing is a true copy Resolution No. /Q-• Series of ln{2 . 1hcc/l. ~. Patricia H. Crow Englewood, of