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MEMO
TO: Patricia Crow, City Clerk
FROM: Rick DeWitt, City Attorney
DATE: December 20, 1989
RE: EPBA Protest of Ballot Wording
My suggestion to you is that the Election Commission set a
hearing date on this subject.
bb
TO: Rick DeWitt, City Attorney
FROM: Roger Fraser, City Manager
DATE: December 20, 1989
SUBJECT: Special Election
I have reviewed the correspondence from Tom Buescher regarding the
wording of the ballot involving the impasse with the Englewood Po-
lice Benefit Association to the extent that the ballot wording re-
flects the active recommendation of the Board of Career Service
Commissioners. I believe we should hold firm in our position on
that wording. I will be glad to discuss this with you at your
convenience.
RF/sb
MEMORANDUM
TO: Patricia Crow, City Clerk
FROM: Rick DeWitt, City Attorney
DATE: December 21, 1989
RE: EPBA Protest.
On previous occasion, I have recommended that the Election
Commission hold a hearing on the subject. At the present time
parties are negotiating a resolution to this issue. If this
matter is resolved to the satisfaction of the EPBA and the City
there will obviously be no need for a hearing before the Election
Commission. If it is not possible to resolve this matter, there
maybe a need to resolution this matter under Section 10, which
states: "The Council may adopt by ordinance such rules and
regulations in respect to elections including by reference any
laws of the the State of Colorado not inconsistent with the
provisions of this Charter or the State Constitution, as may be
recommended by the Election Commission." Obviously the Election
Commission has the authority to recommend rules and regulations
as they believ appropriate.
nf
City of Englewood
OFFICE OF THE CITY ATTORNEY
Rick DeWitt , C ity Attorney
Charles C . Grimm , Assistant City Attorney
Danie l L. Brotzman , Ass istant City Attorney
O r."')~ 19C·J
L l; IJ --I v
December 21, 1989
Thomas Buescher, Esq.
1563 Gaylord Street
Denver, Colorado 80206
Regarding: Proposed Resolution Impasse Question.
3400 S. Elati Street
Englewood , Colorado 80110
Phone (303) 761-1140
Please find enclosed City of Englewood's proposal regarding your
client's objection. I understand that you have discussed this
briefly with Roger Fraser. Please call as soon as possible and
Fax a response.
With respect to the Election Commission, it looks like we may be
able to settle this matter without a hearing before the
Commission. Lets leave that option open, in the event that an
unforseen event occurs.
Enclosure
cc: Roger Fraser ~
Patricia Crow
Englewood City Council
Stan Damas, Esq.
nf
RESOLUTION NO.
SERIES OF 1990
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
POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER OF POLICE LODGE #22
AND SUPERSEDING RESOLUTION N0.72, SERIES OF 1989.
HHEREAS, the Englewood Police Benefit Association/Fraternal
Order of Police Lodge #22, has notified City Council of its
dissatisfaction with the Career Service Board's recommendation
concerning the mandatory subjects of collective bargaining; and
WHEREAS, Resolution of December 4, 1989, on this subject
was protested and after negotiation and in the spirit of harmony,
the Englewood Police Benefit Association/Fraternal Order of
Police Lodge #22, and the City Alli~inistration have resolved the
controversy on the wording of the ballot; and
WHEREAS, pursuant to Section 137:6 of the Home 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 Police Benefit Association/Fraternal Order of Police
Lodge #22, and the Career Service Board as follows:
CITY OF ENGLEWOOD FINAL OFFER -The City's final offer
rejected the Senior Patrol Officer pay.
THE ENGLE~"700D POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER
OF POLICE LODGE #22, FINAL OFFER
The Englewood Police Benefit Association, Fraternal Order
of Police Lodge #22, final offer requested 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.
CAREER SERVICE BOARD RECOMMENDATION
The Career Service Board recommendation rejected the
proposal for Senior Patrol Pay.
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 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
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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 pay.
THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER
OF POLICE LODGE #22, FINAL OFFER
The Englewood Police Benefit Association, Fraternal
Order of Police Lodge #22, final offer requested 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.
CAREER SERVICE BOARD REC0~~1ENDATION
The Career Service Board recommendation rejected the
proposal for Senior Patrol Pay.
Section 3.
superseded.
Resolution N0.72, series of 1989 is hereby
ADOPTED AND APPROVED this 8th day of January, 1990.
Susan Van Dyke, Mayor
ATTEST:
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. , Series of 1990.
Patricia H. Crow
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