HomeMy WebLinkAbout1999 Ordinance No. 080' .
•
•
•
/).r1f,-1 J 10 b vi
BY AUTHO RITY
ORDINANCE NO .~
SERIES OF 1999
COUNCIL BILL NO . 82
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE MODIFYING TITLE 3, CHAPTERS lN, SECTIONS 8 AND 10 ; CHAPTER
2, CHAPTERS 3, 4 AND 5 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , RELATED TO
CHARTER MODIFICATIONS CONCERNING THE CAREER SERVICE BOARD.
WHEREAS , the voters of Englewood modified the Englewood Charter in 1995 , concerning
the Career Service Board ; and
WHEREAS, the Englewood's Career Service system was modified from a Career Service
Board to a Hearing Officer; and
WHEREAS, the Englewood Municipal Code needs to reflect changes to the Englewood
Home Rule Charter;
Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 3,
Chapter lN, Section 8, of the Englewood Municipal Code 1985, to read as follows :
3-lN-8: MERIT APPEALS:
A . Matters Of Appeal: Because of the importance of certain subjects covered by this merit
system, there is provided an additional channel of appeal to the Ca:reCf· Service BoS:Fd
HEARING OFFICER.
Any full-time, permanent, classified employee may appeal to the Booffi HEARING
OFFICER to determine only whether there was proper application of these merit
system principles with respect to: 1) whether an employee was selected or advanced on
the basis of his/her relative ability, knowledge and skills, or 2) whether the employee's
job has been properly classified in the established classification plan of this merit
system. The Booffi HEARING OFFICER is without jurisdiction to hear or determine
any employment discrimination complaints. Any allegations of employment
discrimination shall be made to the l1:dministFati\'e Services Di:recto:r CITY MANAGER
within ten (10) days of its occurrence. The City Manager or designee shall hear the
matter at Step IV of the complaint procedure .
B. Merit Appeal Procedure: A merit appeal must be made in writing within five (5) days of
the selection, advancement, or classification decision and filed with the Adm:inist:rative
Se:rvices Di:recto:r CITY MANAGER.
Within ten (10) days of filing a merit appeal, the employee shall review and discuss it
with the 1\dminist:rative Se:rvices Di:recto:r CITY MANAGER or designee to informally
resolve the appeal. If resolved, it shall be reduced to writing and signed by the
appellant.
If the appeal is not resolved by the 1\dminist:rative Services Di:recto:r CITY MANAGER
OR DESIGNEE, the employee, within ten (10) days of the i'\dmiRist:rative Services
Di:recto:r 's CITY MANAGER'S decision, may FILE AN appeal in writing to the Boa:rd
WITH THE CITY CLERK REQUESTING A HEARING BEFORE A HEARING
OFFICER. The appeal shall ex pla in the nature of the dispute (including applicable
ordinance provisions), what a ttempts the employee took to resolve the appeal and the
requested remedy.
The Board shall s et the appeal for hearing within thirty (60) days of its receipt. WHEN
A REQUEST FOR A HEARING BEFORE A HEARING OFFICER IN CONNECTION
WITH A MERIT APPEAL IS FILED WITH THE CITY CLERK, THE CITY CLERK
SHALL, WITHIN FIVE (5) DAYS , NOTIFY THE CITY COUNCIL AND THE CITY
COUNCIL SHALL APPOINT A HEARING OFFICER FROM THE PANEL
APPOINTED UNDER SECTION 3-1N-9(C) OF THIS MUNICIPAL CODE TO HEAR
THE APPEAL.
THE HEARING SHALL BE CONDUCTED BY THE HEARING OFFICER IN
ACCORDANCE WITH THE HEARING PROCEDURE SPECIFIED IN SECTION 3-
1N-9(D) OF THIS MUNICIPAL CODE. The Board HEARING OFFICER shall first
determine whether the subject matter of the a ppeal is within that permitted by
Charter and these regulations. Any record below s hall be a part of the record before the
Board or Hearing Officer . The hearing held by the Board shall be fundamentally fail-
and comply at least with that proces s established in Section 1 10 2 7 of this Munieipal
Gede,.
STANDARDS TO BE APPLIED BY HEARING OFFICER: Within twenty (20) days
after the conclusion of the heariTlg;4.fle-Befild shall issue its decision. Upon review , the
Hearing Officer or Board shall hold the action below to be a proper application of the
relevant ordinances unless it THE HEARING OFFICER determines:
1. Ther e was misapplication of existing merit system regulations PROCEDURES
governing the a ction of selection r advancement on the basis of the employee's
relative ability, skills, and knowledge, or there was misapplication of existing
merit system regulations PROCEDURES governing job classification; AND
2. In the exercise of any professional judgment, the DECISION OF THE
1\dmirristrativc Ser'lices Dil'eetor CITY MANAGER OR DESIGNEE UNDER
THE MERIT SYSTEM .ab u s ed his/her dis cretion. THE TERM "ABUSE OF
DISCRETION'' IN THIS SECTION SHALL MEAN THAT THE ACTION WAS
TAKEN WITHOUT ADEQUATE INFORMATION, NOT FOUNDED ON
REASON OR RATIONAL JUDGMENT, OR DONE ON A WHIM OR IMPULSE
WITHOUT ADEQUATE ANALYS IS .
The &affl HEARING OFFICER sha ll fo r:.ward to the City Council its HIS/HER
decision which shall state the problem , the applicable p olicy or regulation
PROCEDURE , the rea sons for ap p lying t h e policy and t h e decision of whether the
regulations PROCEDURES were properly a pplied. The Council promptly shall
SHALL PROMPTLY forward the decisio n to City administration with appropriate
· remedial instruct ions.
JUDICIAL REVIEW: JUDICIAL REVIEW SHALL BE SUBJECT TO THE SAME
STANDARDS AND PROCEDURES SPECIFIED IN SECTION 3-1N-9(F) OF THIS
MUNICIPAL CODE.
2
.'
•
•
•
•
•
•
Section 2 . The City Council of the City of Englewood, Colorado hereby repeals Title 3,
Chapter lN, Section 10 , (CAREER SERVICE BOARD -Hearings), in its entirety, of the
Englewood Municipal Code 1985.
Section 3 . The City Council of the City of Englewood, Colorado hereby repeals Title 3,
Chapter 2, (CAREER SERVICE BOARD) in its entirety, of the Englewood Municipal Code
1985.
Section 4. The City Council of the City of Englewood, Colorado hereby amends Title 3,
Chapter 3, Section 1, of the Englewood Municipal Code 1985, to read as follows:
CHAPTER 3: APPEALS f .. ND HE.\RING OFFICER:
3-3-1: GRIEVANCE APPEAL:
The sole and exclusive remedy for any full-time, classified employee whose position falls
within an appropriate bargaining unit for any matter not directly related to classification
and/or testing, or suspension, demotion or discharge and which is an alleged violation of the
applicable collective bargaining agreement, is through the grievance procedure of the
collective bargaining agreement which covers the respective appropriate bargaining unit.
The final step of any gFievance pFoceduFe contained in any collective baFgaining agFeement
shall be a gFievance appeal to the GaFccF SeFVice BoaFd.
If the employee files such gFievance appeal with the BoaFd within the time limit set foFth in
the applicable collective baFgaining agFeement, the BoaFd OF its designated HeaFing OfficeF
shall set a heaFing to be commenced within thiFty (60) calendaF days of the filillg of the
complaint. Within twenty (20) calendaF days of the conclusion of said heaFing, the BoaFd OF
its designated HeaFing OfficeF shall make its findings a matteF of FecoFd, affiFming,
modifying OF FeveFsing the action. The BoaFd's decision in tlris matteF shall be final.
Section 5. The City Council of the City of Englewood, Colorado hereby repeals Title 3,
Chapter 3 , Section 2 , in its entirety, of the Englewood Municipal Code 1985.
' '·'
Section 6. The City Council of the City of Englewood, Colorado hereby repeals Title 3,
Chapter 3, Section 3 (HEARING OFFICER); in its entirety, of the Englewood Municipal
Codel985. · '·,, .. '
. r .
Section 7. The City Council ofthe :City"6f Englewood, Colorado hereby .amends Title 3,
Chapter 4, of the Englewood Municipal Code 11985, fo.. reaa ~as follows: .
3-4-1: POLICY STATEMENT: From the -effectiVJe' date'of'this Chapter, exclusive
recognition of an employee organization to,represent-employees in an appropriat.e bargaining
unit shall be accomplished only by .election in1the :manner,set forth herei.m The~ CITY
COUNCIL SHALL DESIGNATE.A HEARING .OfFlCER WHO.shall·he responsible for
overseeing all elections of an employee-organization which seeks exciusiye,recognition.as the
certified employee organization in an appropriate bargaining unit; Retitions for ,an election
may only be submitted for selection, AND retention, OF A CERTIFIED EMPLOYEE
0 RGANIZA TI 0 N 0 R FOR clarification .oi. amendillent.of an.'APJ>ropria te:ffinPloyee ·: ·
bargaining unit. -; ._:i _.., ... -.. ·c ~ '!;":.:• ··.-.. '. ·, .r:.;
. -_; ~.
3-4-2: PETITION FOR SELECTION OF EMPLOYEE ORGANIZATION: A petition for
selection of a certified employee organization may be filed by the City when pFesented 1.vith a
demand foF Fecognition, OF by an employee or group of employees who qualify for inclusion in
3
an appropriate bargaining unit, or by an employee organization claiming to represent
employees in an appropriate bargaining unit for the purpose of collective bargaining.
3-4-3: PETITION FOR RETENTION OF EMPLOYEE ORGANIZATION:
A petition for retention of a certified employee organization may be filed by an employee or
group of employees who qualify for inclusion in an appropriate bargaining unit or another
employee organization wishing to decertify an existing certified employee organization. Said
petition shall be for the then certified bargaining unit. When deemed appropriate by the
Beard HEARING OFFICER, a petition for retention may also be treated as a petition for
selection.
3-4-4: TIME FOR FILING PETITIONS:
A petition for selection or retention of a certified employee organization may be filed at any
time, provided (a) a valid election for selection or retention has not been conducted in the
same appropriate bargaining unit within the preceding twelve (12) months; or (b) there is not
then in existence a current and valid collective bargaining agreement. In the event there
exists a current and valid collective bargaining agreement, a petition, to be timely , must be
filed with the Beard CITY CLERK more than three hundred thirty (330) calendar days , but
not more than three hundred sixty (3 60) calendar days prior to the expiration date of the
effective collective bargaining agreement. A collective bargaining agreement that is
prematurely extended or a collective bargaining agreement that has been negotiated and
ratified prior to the expiration of the then current collective bargaining agreement, will not
bar the filing of a petition; provided said petition is filed more than three hundred thirty
(330) calendar days , but not more than three hundred si..xty (360) calendar days prior to the
expiration of the then current collective bargaining agreement.
3-4-5: SHOWING OF INTEREST ON PETITION FOR SELECTION OR
RETENTION:
A petition for selection or retention must be signed by at least thirty three percent (33%) of
the full -time, cl assifie d employees in an appropriate bargaining unit expressing a particular
request with regard to repres ent ation ~
3-4-6: PETITIONS FOR CLARIFICATION OR AMENDMENT: A petition for
clarification or amendment of an existing appropriate· bar-gaining unit may be filed at any
time by t he City or an employee organizati on; provided, however, that only one petition for
clarification or 'amendment may be: filed by ·the same party with respect to the same
bargaining unit in any· one calendar year ... No election shall be allowed or conducted for
clarification or amendment. The BoaFd, OF at its discrntion, a A Hearing Officer appointed by
the BoaFd, CITY COUNCIL shall conduct a hearing on the petition for clarification or
amendment consistent with ' Section 3 -4, 11 . The-BoaFd's decision FOLLOWING THE
HEARING , THE HEARING . OFFICER SHALL MAKE A REPORT WHICH SHALL
CONSIST OF FINDINGS OF FACT AND A RECOMMENDATION TO THE CITY
COUNCIL, AND THE CITY COUNCIL'S DECISION shall be effective on the date it is
rendered and collective bargaining contracts shall contain language consistent with this
Section. · · .
3-4-7: FORMS: An appropriate form or forms for the filing of the enumerated petitions
shall be available at the office -of the Dif'ectot' offLdministFative SeFvices . CITY CLERK.
3-4-8: PROCESSING OF PETITIO N: A petition for selection or retention of a certified
employee organization or a petit ion for clarification or amendment of an existing appropriate
4
•
•
•
•
•
•
bargaining unit must be filed with the BefH:'€l: CITY CLERK. A copy of said petition shall be
simultaneously served upon t he City MANAGER and/or the current certified employee
organization, if any . The BoaFd OF, at its diseFetion , a A Hearing Officer appointed by the
Booffi, CITY COUNCIL shall process the petition and establish all necessary rules and
procedures for conducting an election if an el ec tion is to be conducted. If an election is to be
conducted, the BoaFd OF its designated Hearing Officer shall schedule a, pre-election
conference with the City and the employee organization(s) involved , to be held within five (5)
calendar days after the petition has been filed with the BefH:'€l: CITY. An attempt ·shall be
made to enter into a consent election agreement at the pre-election conference . Such
agreement shall include a description of the appropriate unit, the. time and place for holding
the election and the payroll period to be used in determining the employees within the
appropriate unit that shall be eligible to vote. Such consent election shall be conducted
within twenty-one (21 ) calendar days of the agreement under the direction and supervision of
the City Election Commission. Upon motion duly eanied by the BoaFd APPROVAL BY THE
DESIGNATED HEARING OFFICER, the time for conducting the consent election may be
extended at the request of the City, petitioner, HeaFing OffieeF or other interested parties for
an additional period not to exceed twenty-one (21) calendar days .
3-4-9: PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON
SELECTION OR RETENTION:
A. If the parties are unable to enter into a consent election agreement, the BoaFd , within
five (5) ealendaF days of the pFe election eonfeFenee , may designate a HeaFing OffieeF to
eonduet a pFe eleetion heaFing. W within seven (7) calendar days of the pre-election
conference , the BoaFd OF Hearing Officer shall schedule a hearing to be held within
fourteen (14) calendar days of the pre-election conference. The .BoaFd OF Hearing
Officer duly appointed shall do and perform the following functions:
1. Establish, after notice and hearing to both parties, fair and equitable election
rules and procedures designed to insure freedom of choice to all employees in the
appropriate bargaining unit to determine whether they wish to be represented
for purposes of collective bargaining in such a manner .that the choice shall be
free of restraint, coercion and significant misrepresentation of facts . ·;
2. At the hearing proVided for in paragraph A ab.ave: the B'oaFd OF the Hearing
Officer shall deteFmine if MAKE A R&PORT THAT .SHALL CO.N8_IST OF.".
FINDINGS OF FAGT:A.NDARECOMMENDATION AS TO WHETHER tb'ere
exists an appropriate bargaining ttnit.-I:n making such rieteFlll;ination ,,the BoaFd
eF-FINDINGS AND RECOMMENDATION, the Hearing Officer .,shall,rely on· the
following factors: • p ·: ,~ ..
' I
a. The unit that will insure employees the fullest.freedom .and the· exercise .
of rights granted under this Title and under the .City Charter. ' ! \,, ... r
' ~; . . ; (f/~ .. ,; 1
b . The community of iriterestnfthe1em:pl@Yees:-.,· ..:.-:· r . ";
... t ;.
,, ' ·1 i ':·· .. . ' ' ; '' ' f ... ' :· i: r; ' '~ " '
c. The history of the employee relations in the unit, among other em,;p.l@ye;~s
of the City, and in similar public employment.
· r· · 1 '', )} ':.~L ~-:i C ~c.r ... ,.,_ ! , ~~t ... ~.-·~,\~5\-iI :"··~-.
d . The effect oLthe--unit· on.the efficie:at-operation of:the p;ublk seryice udi
sound employee relations.
I r .: I
; = .. I l;. _. I l . ' : . ) • ~ ' •; ; I
5
B .
e. The effect on the existing classification structure of dividing a single
classification among two (2) or more units.
3. In addition to deto·mining if IF THE HEARING OFFICER MAKES A FINDING
AND RECOMMENDS THAT there exists an appropriate bargaining unit, the
BetH'€I: er Hearing Officer shall also determine the following issues:
a. Whether there is a sufficient showing of employee interest to justify an
election.
b. Whether a question of representation exists.
c. Whether the employee organization named in the petition is qualified.
d. Whether there are barriers to an election in the form of an existing
contract or prior election.
e. Whether the election is otherwise proper under the Charter or ordinances
of the City.
The Botil'd OF Hearing Officer shall issue written findings and recommendations within
ten (10) calendar days of the close of the hearing which shall contain reasons therefor
as to any and all of the matters at issue, SUCH WRITI'EN FINDINGS AND
RECOMMENDATIONS SHALL BE PRESENTED TO THE CITY COUNCIL FOR
ACTION NO LATER THAN THE SECOND REGULAR COUNCIL MEETING
FOLLOWING THE RECEIPT OF THE HEARING OFFICER'S FINDINGS AND
RECOMMENDATIONS , THE CITY COUNCIL SHALL VOTE TO EITHER ACCEPT
OR REJECT THE RECOMMENDATIONS OF THE HEARING OFFICER. IF THE
CITY COUNCIL APPROVES A RECOMMENDATION OF THE HEARING OFFICER
THAT THERE EXISTS AN APPROPRIATE BARGAINING UNIT AND AN
ELECTION SHOULD BE HELD, THE COUNCIL SHALL SET as well as
Feeommendations on the time and place of holding an election and the payroll period to
be used in determining the employees within the appropriate bargaining unit that
shall be eligible to vote-; AND The Feeommendation shall also eontain a statement, afteF
appFopFiate eonsultation with the Eleetion Commission, that the Election Commission
shall supervise and co.nduct the election by secret ballot. not latei· than twenty one (21)
ealendaF days from the date of the Feeommendations ,,
. .
In the event the Heatillg OffieeF's findings and Feeommendations o::re otheF than to
eonduet an eleetion, an appeal on the issue may be taken to the BoaFd by the affeeted
paity OF paFties on the findings and Feeomineridations of the HeaFing OffieeF . Said
appeal must be ill: wFiting and filed with the BoaFcf, with appFopFiate notice and a eopy
of the appea'.l to ·the interested pa'Fties , within seven (7) ealendaF days of the issuance of
the findings and Feeommendations denying an eleetion. The BoaFd shall heaF said
appeal within seve.n ("Z) ealendai: days theFeafte:r in aeeoFdanee 'Hith the appeal
p£~eedu:res set fOi-th ill a 'a aD th:rough ·H; but heFe the Boatd's final deeision shall be
. made qf feeoFq., qffi:rming, JROdifying OF FeveFsing .the find~ngs and Feeommendations of
th'e I:ieating O'fileeF within five (8) · ealendaF 'days o.f the date the appeal is heaFd by the
BoaFd . Iii. the e'i'erit the' Board\s 'deeision provides foF eondueting an eleetion, said
eleetion shall be h 6ld J.B. aee'of.danee with subseetion B abO'VC \Vithin twenty one (21)
ealendaF days of its final deeision .
l. ;
6
•
•
•
•
•
•
3-4-10: OBJECTIONS TO ELECTIONS:
A. Any party and the Election Commission official supervising the election may challenge,
for good cause, the eligibility of any person participating in the election. The ballots of
such challenged persons shall be impounded. Immediately upon the conclusion of the
election, the Election Commission shall ca use to be furnished to the parties a tally of
the ballots. Within five (5) calendar days after the tally of ballots has been furnished,
any party may file with the &frf'tl CITY CLERK a written statement of objections to
the conduct of the election or conduct affecting the results of the election, which shall
contain a short statement of the reasons therefor. Any party may at this time also file
objections to the findings and recommendations of the Hearing Officer which were
rendered covering those matters set forth in Section 3-4-9A and B. Copies of such
objections shall immediately be served upon the other parties by the party filing them.
The party filing objections shall also furnish to the &frf'tl CITY CLERK and all other
parties a summary of the evidence available to it to support the objections .
B. If no objections were filed within the time set forth above, and if any challenged ballots
are insufficient in number to affect the results of the election , the Beaffi-CITY CLERK
shall forthwith issue to the parties a certification of the results of the election,
including certification of the certified employee organization, where appropriate.
c. If objections are filed , or if challenged ballots are sufficient in number to affect the
results of the election, the BoaFd may CITY CLERK SHALL REPORT THE
OBJECTIONS TO THE CITY COUNCIL WHICH WILL designate a Hearing Officer
within fifteen (15) calendar days of the election to conduct a post-election hearing.
Nothing herein shall be interpreted as precluding the same Hearing Officer serving in
both the pre-election and post-election hearing. Within five (5) calendar days after the
appointment, the Hearing Officer shall schedule a hearing on the objections and/or
challenged ballots to be held within twenty (20) calendar days of his appointment. The
Hearing Officer's findings and recommendations on all matters in dispute shall be
issued within ten (10) calendar days after the close of the hearing. ! ... n appeal from the
HeaFing OffieeF's findings and Feeommendations may be taken plll'suant to Seetion
6 6 6D thf'ough H. THE CITY COUNCIL SHALL REVIEW.AND TAKE ACTION ON
THE HEARING OFFICER'S FINDINGS ANo RECOMMENDATIONS AT THE
COUNCIL MEETING FOLLOWING RECEIPT OF SUCH FINDINGS AND
RECOMMENDATIONS. IF THE CITY COtJNc'IL DETERMINES THAT THE
OBJECTIONS TO THE ELECTION ARE -susi'l\.f:NED: THE . COUNCIL SHALL
DETERMINE WHATACTIQ~J ff A~, SijOULD ,BE H·~P>LEMENTED. .. _
. ---.f ' ~f ···=·~; ·. -.:·:.~, ·-: .. · , :r-~
In the event a HeaFrng Offi~ef' _i~. 1'ot SR fif!~~~~n!3;pe_d, th_e.~oa!~..._s.hall sep.edule)ts,,own
heaFing within twenty fi?9 (4~) e~endaF day~ aficF)he_ 91peti~, and ~hall issue a final
deeis_ion on all matteFs if,l: dispute wi~hi:n .to~ (lQ) ·e~endJll; slfiys ~ft,er t_hg .rlos_e of the
heaFmg. ·· · · ·
• .: ~ • ,--~ ·.:· • • • ·-. : 1 a f : · ·• --n--:-.. : '!: · "':·1 -• ;
L
·:t":' ·...f :)~ :) •' ·:h ·; ~~:.t _::·7 ___ .. _ ¥• 1 ; ··-'.:-_.,: ~ ... ! .:,.
Whether a petition was properly filed and is otherwise proper under this Title
and under the Charter of the City of Englewood.
7
2. Whether the amendment or clarification is consistent with the concept of
appropriate employee representation units as contained in subsection 3-4-9A2.
B. The Bo!ll'd's final decision OF the Hearing Officer 's written findings and
recommendations shall be issued within ten (10) calendar days after the close of
hearing and contain reasons therefor as to any or all of the matters at issue. The
Hearing Officer's findings and recommendations !ll'e subject to appeal in accoFdance
with subsections 6 6 6D thf'ough H. SHALL BE ACTED UPON BY THE CITY
COUNCIL AT ITS NEXT REGULAR MEETING FOLLOWING RECEIPT OF SUCH
FINDINGS AND RECOMMENDATIONS.
Section 8. The City Council of the City of Englewood, Colorado hereby amends Title 3,
Chapter 5, Sections 1through4, (NEGOTIATIONS AND IMPASSE RESOLUTION
PROCEDURES; STRIKES), of the Englewood Municipal Code 1985 , to read as follows:
3-5-1: STATEMENT OF POLICY: It is the public policy of the people of the City to
promote harmonious, peaceful and cooperative relationships between the elected and
appointed officials of the City and the members of the classified service and to protect the
public by assuring, at all times, responsible, orderly and uninterrupted operation of
government services and where necessary to provide for and regulate such matters of local
concern. Since unresolved disputes in the public service are injurious to the public and to the
government of the City and City employees, there is hereby provided, for full-time, classified
employees in an appropriate bargaining unit, the right to bargain collectively concerning
certain subjects with the City as employer through a certified employee organization and a
method for resolving impasses in such bargaining as hereinafter provided. The establishment
of this method of resolving such impasses shall be deemed to be a recognition of the propriety
of providing an alternative mode of settling disputes where public employees, as a matter of
public policy, and in recognitiorr of the desirability of maintaining a balance in the labor
management relationship , must be denied the right to strike.
3-5-2: E,NTITLEMENT TQ BA~G.t\.IN WITH THE CITY: Only full-time, classified
employe~s\n an appr,opriate bargaining unit have the tight to bargain collectively with the
City through their certified employee representative towards securing a collective bargaining
agreement. Only an employee organization that has been certified by the CAREER
SERVICE Bo-ard PRIOR TO NOVEMBER, 19'9'5 OR THEREAFTER BY THE CITY
COUNCIL shall be entitled"to engage·1n ·co1Ieetive bargaining with the City.
' t ': .-~ • ·'. •· •; f• .::-. •'· .I
3-5-3: SCOPE OF THE'COLLECTIVE BARGAINING AGREEMENT: The collective
bar.gaining agreement"l5etween the .City aij.d the,.certifi&ctbargaining representative shall
consist of any and all teim.s· actually agreed' upon~W the parties, which terms are not
otherwise inconsistent with tp.e ordinances or Charter of the City. The collective bargaining
agreeID:e iit·shall:be'for a'term ofndt less i han one year; nor more than three (3) years;
'provide~d ; that all collective 'ba'.rgailiing agre·~me"Ilts ehterred into shall be effective on a
January '1 'date and shall terminlite o~ a"'D'eceriiber 31 date.
i (~.:~ i· T.
3-5-4: COMMENCEMENT OF NEGOTIATIONS: The obligation to meet at responsible
tim'es anti' n~g?~ial~ tfi: ~oo~_faith s~aTI ccimm_ence oii '_or prior to May 15 of any applicable
year 'in which the 153.igiuninf(agreement exprres .. o'r'mwhkh"collective bargaining is
otherwise ·pr~p'er 'ul1c1Wtliis Tiue:Tilis robllgat'ibn slial'l be mitiated by a request from either
the City ot'the certifiecremployee 'fepfesenlati-¢-e whic'h··ot;_tlines the specific subjects upon
which bargaining shall be s6ugflt:'Eitliet paffy, fi9weve't, shlill oe permitted to raise
additional subjects for bargaihing fu thelt'fust cbunter proposal. Only those mandatory
8
•
•
•
•
•
•
ECONOMIC subjects so raised and upon which the parties are at an impasse may be
referred to the Beftf'€i: ARBITRATOR for impasse resolution .
Section 9 . The City Council of the City of Englewood, Colorado hereby repeals Title 3,
Chapter 5, Section 5 (SUBJECTS FOR COLLECTIVE BARGAINING), in its entirety, of the
Englewood Municipal Code 1985 . ·
Section 10 . The City Council of the City of Englewood, Colorado hereby amen<\s a:nd
renumbers Title 3 , Chapter 5, Section 6, of the Englewood Municipal Code 1985, to read as
follows:
3-5-6 5: RATIFICATION OF AGREEMENT:
A. By the City . A collective bargaining agreement shall not be effective between the
parties or binding upon the City until such time as the City Council approves and
ratifies the terms of said collective bargaining agreement. Upon tentative agreement
with the authorized representative of the City or upoa resolutioa through impasse, the
City shall forthwith present said agreement to City Council for its approval and
ratification, and shall make every reasonable effort to secure said approval and
ratification.
B. By the Certified Employee Organization. Upon tentative agreem~nt with the City er
upoa resolutioa through impasse, the certified employee organization and its officers
shall forthwith present said agreement to its members for their approval and
ratification, and shall make every reasonable effort to secure said approval and
ratification .
Section 11. The City Council of the City of Englewood, Colora<;J.o hereby amends and
renumbers Title 3 , Chapter 5, Section 7, of the Englewood Municipal° Code 1985, to read as
follows:
3-5-1 6: IMPASSE RESOLUTION: IMPASSE RESOLUTION SHALL BE .. . .
CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE QiTY CHARTER,
•• j l -~ • ! f
SECTION 137:6. 0_ , . ,1
IR the eveat the parties are unable to r~aeh agreem~:e;t oa ail maBdatory suajeets to be
eoataiaed iR the eolleetive aw;g~g agr-~emeat o~ Ol', aefyre July 1 of the year IR whi;eh the
parties have met aRd aargeiaed ever these SUBjeets, either party may deelare impasse U~OR
serli:Bg W'rittea aetiee ef the i;mp_asse to .. th~ otheF Ptl!'ty withia four E4)1ealeadaF day~ ef the ,·
deelaratioR of impasse. IR tlte e'+'efit the _partie~ hav? aeeR URaa~e to ref.l;eh agreem9a~ ay Jul?'
1, the follo·NiRg impasse Fesolutiea pFoeeS,ures shall .immediately e0;mmef}ee.. '. · ..
. ·, / · ' -' •.'. . -I(. · ( I
• ~ . ._ • J .:,. • {1 1 :t . v· ... .. . . ,J. / l .: •
l'r.-\Vithia five (0) ealeadar: ~ays _,of the imp~sse ,,. eae~ p~~~Y . s~a)l .sep#l'a~el~.~'1Bmi:¥J Po t¥e ;
Board aa impasse statemeat whieh eoa;t11i=e:s theiF :f'inttl e;ffers regM"tjiag aay me;fiQ:atciry
' l , • I , 1 ,,t .. ., ,,..,. I, .. J ,l • .,, f, JI
suajeets upoB whieh the parties arp at i~p_as~e . 'It~e,~oar_~a~~ ~~e ;Bp _ar~ pRly ~~iJ; ..
thea sead to each party a eepy of the otheF party's impasse statemeat.
. . , •• 0 , ..... ~ ·1 ... -'J '::_"''! r1 _ .. 1-f1+~ ..... / .. tt!C':"·,_,'.~ ·l.·~;<.r-
B:-WithiB tea (10) cale~dar days ef,xe_eeipt .?f the .£a:~~y's iB;l.Jl,t:l~s_e 13tato_~"~• J~e ~~E\r; ;,
shall sehedule dates for faet fl.adifl:g J:ieat;iHg OH.?~9 -~:P,fl;S~fi ~upjorts, ap:-p J n: ~9 crreif~ .. '
shall the first day o~ the faet fiH~g hearia~ ~o~~tmce ~ater fh~~~a.,(}O) .~al)e_B:4a~;·, ·
days from the date ef Feccipt .of the imp;a~s,e t¥atement.s of: BO~l} p{:lrti:es . i\t •t~e first
hearing date , the B~a.rd shal] sehed.u1e additio~al hearing date13, if ~eE;QJSSf!:fY .. lB: ao .,
event shall the hcaxings ae eoacluded lateF thaa Augus t' 1. .. , . ·. . ·:, .,,: ., · ·
, I l , •" • ~ • ~J. ... ~ .,;, ,\ : ~ ~ I.
9
G,-i'\t the fact finding hearing, both pa:Ftics , th:Fough thci:F :Fcspcctivc rcp:Fcscntativcs, may
p:Fcscnt such evidence and testimony as the Board deems Fclcvant and matc:Fial. The
Boa:Fd shall only considc:F mandato:Fy subjects upon 'Nhich the pa:Ftics a:Fc at impasse
and which a:Fc contained in the final offc:F, submitted in the timely impasse statements.
Rules of evidence shall not be st:Fictly applied, and the hca:Fing , to the CJEtcnt possible ,
shall be conducted in an info:Fmal fashion.
~ By .A ... ugust 10 , the Botl1'd shall issue w:Fittcn findings of fact and :Fceommcndationo foF
:Fcso lution of the mandatory subjeets in dispute. Said findings and :Fceommendations
shall be scn·cd upon the cc:Ftificd employee o:Fganization , the City and City Council.
Said findings and :Fccommcndations shall be final and binding upon the pa:Ftics unless ,
witffi.n-fi~) wo:Fking days aftc:F :Fcccipt of the findings and :Fccommcndations, the
~e-te-f<..~t O¥CF the tc:Fms of the new collective ba:Fgaining
agreement. In-t.£€. event tfie-1*!'"tics arn able to reach said agreement and have so
notified th~thin this five (5) working day pc:Fiod , the Boa:Fd's findings and
recommendations shall be null and void .
£-All fees and expenses of this foot finding p:Foccss , including the making, but not the
t:Fansc:Fiption, of a rnco:Fd and assistance of counsel to the Boa:Fd shall be shared equally
by the City and the certified employee o:Fganization .
¥,.... :If~-sfie4-..Nith the Boa:Fd's final findings and :Fccommcndations, the
p-urty OF partie s may submit a w:Fitten notice of diosatisfoction to the City Council
within twcnt>f (20) ealcnda:F days of the date of issuance of the Boa:Fd's findings and
:Fecommendations . Said notice shall be a b:Fief and concise :Feeommendation of the
specific p:Fovision OF p:Fovisions 'Nhich the dissatisfied pa:Fty dcsi:Fes to have included in
the collective ba:F g aining agreement. Only-~vision OF p:Fovisions submitted to the
Boa:Fd for impasse :Fesolution, 1Nhich p:Fovision OF p:Fovisions weFC the basis fo:F
dissatisfaction, may be contained in this no tice to the City Council.
G.-Within thi:Fty (8 0) calendar days aftc:F :Feceipt of this notice of dissatisfaction, the City
Council shall call a spe-eial Municipal election by o:Fdinance o:F .:Fcs olution, submitting
the matte:F to a vote of the :Fcgiste:Fed electorate of the City. The final offc:Fs of the City
and ce:Ftificd employee o:Fganization and the Boa:Fd's :Fccommendations on the issue(s)
contained in a notice of di'SSatisfoetion shall be submitted as altei-native single
· m.eaou:Fes to a vote of :Fegiste:Fed electo:Fs of the (;ity. The :Fegiste:Fed eleeto:Fs shall elect
eithe:F t he position ~f the City, the position of the cc:Ftified employee-o:Fganization, OF
the Boa:Fd's :Fecommendation .. Thc position OF rccomm0lldation ·Fccei¥ing the highest
· muabe:F of votes shall be deemed app:Foved. Said election shaU be held consistent with
the p:Fovisions of Article II, Section 14 of the City Cha-rte:F.
H:--.All costs 01· CJEpenses of any pl:lblication or special election shall be bo:Fne by the City.
_,f
·,_.· -''
.,. : .. ,
•' •! .• ',
•• 1 ...
. ,
IO
•
•
•
•
•
•
Section 12. The City Council of the City of Englewood, Colorado hereby amends and
renumbers Title 3, Chapter 5 , Section 8, of the Englewood Municipal Code 1985, to Fead as
follows:
3-5-8 7: STRIKES PROHIBITED:
A.
B.
c.
The protection of the public health, safety and welfare demands that neither the
certified employee representative, nor any employee o.rganization, nor any employees of
the City, nor any person acting in concert with !hem, will ca,use,-sanction or take part
in any strike. , ·. '-·
,-.-.:.
In the event a certified employee representative1engages in any conduct whiQh falls
within the definition of "strike" herein, such violation shall be (;a-use fo:i;: the City to
terminate the collective bargaining agreement with said certified. eliUployee ,, "
representative and/or withdrawal of recognition of the .certified employee , : .
representative upon giving written notice to that effect to the Ghief representative of
said certified employee representative or employee organization, in addition to
whatever other remedies may be available to the City at•law or in equity. £aid aetioa of
the City is subject to the "GFievanee fippeal", Section g g 1, of this Title .
In the event an employee or employees engage in any conduct which falls within the
definition of "strike" herein, such violation shall constitute .just cause for immediate
discharge of said employee, in addition to·whatever·other remedies may be available to
the City at law or in equity. The City shall not be requited to pay any employee any
portion of his/her salary or fringe benefits while engaging in aGtivity in violation of this
Section. It is expressly recognized that the City has the right to. selectively discipline,
up to and including discharge, any employee or empl0yees ·who~e conduct falls within
the definition of this Section without having to,discipline all employees whose conduct
falls within the definition of this Section. An -employeecor employees meetly affeeted by
aa aetion of TERMINATED OR DISCIPLINED BY the City under this Section shall
have the right to grieve said DISCIPLINAR'll action thf'e:u-ga the "GFievanc.e f..,Ppeal",
£eetioa 6 6 1, OF whcFe ap.pFopriate , threti.gh ,tlile -!!Discij)linary Appeals", Se.etior:b
3-lN-9. .,.t ·' ~ . ..., . 17·
-~. .,., ; ..... J. --1· ·-: ~---·~·,.-. : -1: .. -.. i::·:.-
Section 13. Title Safety Clauses .. The City Co.lilneil--hereby finds; <letermines, and -'
declares that this Ordinanc.e is -promulgated under the general police power -of the City of
Englewood, that it is pFomulgated .,for the health, safet-¥, and welfai:e-i.&f the,irublic,.·andcthat
this Ordinance is necessacy for the:-preservation of health and safety.and for the protection of
public convenience and welfare .. -The City.Council further ~dete:milines 0th.at-the Ordilll:ance
bears a rational relation to the -proper legi'slative -bbject soilglit-to bC'"..:e btained. --,4 -
Section 14. Severability. ·If any clause , sentence, paragraph, or part .. of·this·fud.i:aance or.•
the application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate
the remainder of this Ordinance or it application to other persons or circumstances .
Section 15. Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to
the extent of such inconsistency or conflict.
Section 16 . Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
11
'•
modify , or change in whole or l:i}·part any penalty, forfeiture , or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall be
treated and held as still remaining in force for the purposes of sustaining any and all proper
actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or
. '. lia bility:as v1e"il as for the purjJ6se· cif sustaining any judgment, decree , or order which can or
ma.y be ren_dered, entered, or made in such actions, s uits, proceedings, or prosecutions .
Section 17. Penalty . The Penalty Provision of E.M. C. Section 1-4-1 shall apply to each
and every violatio~ ofthi; o~clinance: . . .
""' ~ ~ ~ ' .
. ' ' ~
Introduced, read in full , and passed on first reading on the 6th day of December, 1999.
Published in full as a Bill for an Ordinance. 'bµ t he 10th day of December, 1999.
Read by title and p fl.sse d on final reading on the 2~th day of December, 1999.
Published by title as Ordinance No . <6..Q_, Series of 1999 , on the 24th day of December,
1999.
.. -~(Jl~Afli~· ... ~.,-.....-A""'" ,,,,,/
Thomas J. ~Mayor
' . i ~
. ~ ._ ..
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that
the above and foregoing is a true cop); ?f the Ordinance passed o al reading and
published by title as Ordinance No.~. Series of 1999.
12
•
•
•
•
•
.,
•
•
COUNCIL COMMUNICATION
Date Agenda Item Subject . '
, ...
·Municipal Code Revisions
December 6, 1999 10 av Title Ill , ( ..
. ..
' ..
Initiated By staff source
..
Human Resources Department Sue Eaton, Director of Human Resources
...
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ' ,. . l.
The Englewood Municipal Code currently refers to the Career Sefrvice Board, an · entity that was
eliminated via a 1995 Charter amendment.
RECOMMENDED ACTION
Staff recommends Council adopt a bill for an ordinance approving the attached Code revisions. The
revisions relate to the replacement of "Career Service Board" references with the term "Hearing
Officer".
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The recommended changes are encompassed in the Code sections..r.elating to Merit and Disciplinary
appeals. Employees frequently access these sectio ns , and continued reference to til e "Career Service
Board" causes inconsistency with current practice .
FINANCIAL IMPACT . ~1 . ·, . "
None .
LIST OF ATTACHMENTS
I ' i '
Proposed Bill for an Ordinance