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Home My WebLink About1989-12-22 EC MEMO-~--...... , ...... __ MEMORANDUM TO: Roger Fraser, City Manager FROM: Rick DeWitt, City Attorney DATE: December 22, 1989 RE: EPBA Resolution Impasse Question. Please find enclosed EPBA'S attorney Letter basically accepting our proposal of December 21, 1989. In addition he has asked for "effective 1/1/90,11 to be added, which I believe to inconsequential in this regard. As you can see he would like to withdraw his request to the Election Commission for a Hearing. I recommend you approve this proposal. I can then prepare the necessary documentation for the EPBA and the City to withdraw the matter from the Election Commission. If Council approves the matter is concluded. Attachment cc: Mayor Van Dyke nf City Council Members City Council Elect Patricia Crow ~ --' • ,._, • ._. • _,_, .&. .&.,./ • .&...J I -....nUL-1 ' L.,.J t_I L_~\_,I -i ~r.. r '- BRAUER. BUESCHER, VALENTINE, GOLDHAMMER .t KELMAN, P.C. WAL'?Zl C. BRAUER 1ll 1HOMAI I. tUllCKER DBNNtl i. V AIJIHTINB . IOIBPH W. OOU>HAMMEk II.UH M. kBLMAN AITOR.NEVS AND COUNSELORS AT LAW IS63 GAYLORD STREET . DENVER , COLORADO 80206 303.333.7751 Decernb'IP't''21, 1989 VIA FACISIMILE (789-1125) Rick Da Witt, Esq. city Attorney Office of the City Attorney City of Englewood 3400 s. Elati Street Englewood, co 00110 Re: Englewood Police Benefit Association -Ballot Wording Dear Rick: I have reviewed the proposed resolution you faxed to me today and ~poken with my client about it. With one minor change, the resolution is acceptable. The second paragraph of the Association's final offer which has been deleted referenced the effective date of our proposal. While I am sure there is no misunderstanding between the A~soeiation and the city on the January 1 1 1990 effective date of this proposal if it is approved, we would feel more comfortable if that effective date was put into the ballot langua9e so that there can be no misunderstanding on the part or the voters. Therefore, I think the easiest way to accomplish this would be to add the phrase "effective 1/1/90 11 after the word "requested" in the second line of Association's final offer as contained in the resolution. If this change is acceptable you can simply give me a call and let me know. Assuming that the City Council goes along with this proposed resolution we would withdraw our request to tha Election Commission since we will have accomplished our goal or neutral language. As I told you, the Association does not want delay the January 30 date of the special election, it wants only proper ballot wording. TBB/kmh opeiu #5 af 1-oio cc i Gordon Madonna w/ encl. Very truly yours, ?-22--- Thornas B. Buescher 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. WHEREAS, 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 Administration 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 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, effective January 1, 1990, 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 -1 - 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, effective January 1, 1990, 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. 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 -2 -