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Home My WebLink About1981-01-26 (Special) Meeting Agenda• City Council Meeting-Special January 26, 1981 • • .. • .. CITY COUNCIL MEETING January 26, 1981 • • • RESOLUTION H 6, 7, 8, 9, 10, ORDINANCE # ~· 19, 20, 21, 22, 23 0 0 • I • • • . ' ( • • • • City of Englewood l-100 s ll.tll !llfl •j •l Eng lew oOd . Colorado 80 110 Phone (303) 761 ·1140 I, Janice L. Watkins, Deputy City Clerk and Recording Secretary for the City Counc i l of the City of Englewood, Colorado, do hereby certify that the following is, to beat of my knowledge, a true, accurate and complete verbatim transcript of dialogue with Larry Leydon and the Englewood City Council at the City Council meeting of January 26, 1981. (~ y · / ' ¥tJ_:)7&_CJL ~--.:Z_cJ ?Ll!J2 .J_) __ _ /Janice L. Watkins State of Colorado ) ss County of Arapahoe Signed and sworn to before me this / _; 'i-1 day of ----~~..L_:_ _ _:. -----· 1981. SEAL .,.-' , ./ / ( ~-I ( -/-"' ··----L~L--&...;--//-'-' : . ...!...:_, ------ Notary Public • > ~ "'I -,. ,.. '. , ...... uJ I • • • • • • VE RBATIM T RAN SC R IPT Of DI ALOG UE WITH LAR RY LEYDO N AND THE ~:NGLt·}..IOOD CITY COUNCI L AT THE CITY COU NCIL 11 EETI NG OF J AN UAR Y 26, 1981. Co un c il M e n~b e r Bradshaw : Mr. Leydon. Mayor Otis: Ah, down to about four minutes now, sergeant. Larry Leydon: This won't take long. I'm Larry Leydon. I live ~t 3795 South Logan in Englewood. You've heard a dialogue fro• previous Car e er Service Board me1abers. Alot of it I agree with. They're talking alot about co~unication problema with old dialogue and they're going to clean this up and I agree with them. If we have the oppor- tunity to have this kind of dialogue that they encourage us to have. Well, it's just like Cathy says, there 's soae new language in this new charter that she's con- cerned about. That's some of the things we'r e con- cerned about. You know, if we can have this kind of dialogue and you'll guarantee us this kind of dialogue with people I have no objections because I don't think anybody on this City Council right now says I don't have the right as a citizen or the right as a citizen in Englewood because I live in Englewood or that I don't -1- • I • • • Council Member • • .. • lose my right because l'm a poli ce oflicer . Yet, but becaus e I came and talked before this City Co un cil four months ago I have now a federal law suit pending because I was prejudiced and discriminated against for talking to you people. Now if this is what the city fathers are going to permeate and we can't talk to you and y e t they're saying we want this kind of dialogue then it's not going to work. If you aren't going to let us talk to you for some changes or probl~ms co•e up with this new dialogue and we're afraid to talk to you people because we going to be discriainated against it won't work. If we can't go to the City Council or go to the Career Service Board and air our grievances as citizens of this country, residents of this city, and e~pl o y e~~ of this city then it will never work and that's my co n- cern. Thank you very much. Fitzpatrick: Your honor, ~o ahead Jim, I apologize. Council Member Higday: Leydon : I'm not sure I follow, follow, what you said. courage the dialogue - I do encourage - -2- You en- I • • • Higday: Leydon: Kigday : Leydon : Higday: Leydon: Higday: Leydon: Higday: City Manager McCown : • • - You ar~ for it - From th~ employees . But you are ataing that as a result of dialogue on this subject so~e four ~onths back you now h ave a law suit pe nding against you. I have a law suit pending against the City becaus e they discriminated against ~e. Oh, against the City. And it's on tape. You filed a suit against the City. Yes, I did. OK, OK. I think it should be very clear, Sergeant Leydon, though that that expression of a law suit and who discriminated against you and for what reasons and so is truly your opinion and not necessarily the opinion of others. -3- • I • • L e ydon : Council Member Neal : Higday : Fitzpatrick : Otis : Fitzpatri c k : Leydon: • • • • What I 'm saying, if it is true and i t c an b e pro v e d , becaus e I tal k ed to th is Ci t y Counc i l t h a t I wa s b r o u~ht down on not by t he city f a ther s b ut b y my o wn p~o p le then nobody's going to talk to you again a nd y o u 'll never get any i nput and I th ink that'a bad. Mr. Mayor. 1'-lr, llh, gentleman here has an o pp o r tun ity to or has made certain allegations and, ah, has pr es s e d those a ll e gations in court and I don't thin k th i s is t h e proper pl a ce to bring it up. Nope, but I sure would like to know mo r e a bou t it . Mr. Mayor - Make it quick. I just have one statement I want to make. First off, there'a nobody in this, of the employees all this City is employ ee s including this Council. Council ~ay be a different method the way he applies for employment but they still are employees of the City. And among any groups the only way a city operates is by communi- cation and dialogue. And without it, it's a lost cause. Thank you very much. -4- • I • • ' ' • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLO RA DO January 26, 1981 ftJ__, The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 26, 1981, at 5 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Otis. The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was to consider an ordinance proposing charter changes in the Career Service system. Mayor Otis reminded everyone that Council had another meet- ing at 6 :00 p.m. and asked that everyone keep their comments brief. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • January 26, 1981 Page 2 • • • AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTICLE XV CONCERN- ING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM AC T - 1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18 , ON FINAL READING. Council Member Keena seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137:2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD ''WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORDS. Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137:5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INSTEAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AITER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning, 2951 South Franklin, former Chairperson of the Career Service Board, appeared before Council. Ms. Henning stated some of the changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact that certain Charter and Code provisions contradicted each other, contained unclear language and poor definitions, and these pro- visions did not address the problems in the employee relations field. Ms. Henning urged Council to put the changes on the ballot. I • • ' • • January 2 6 , 1 98 1 Page 3 • • .. Don Weber, 289 3 South Ogden, current Chairperson of the Career Service Board, appeared before Council. Mr. Web er stated the Board can not operate fairly und e r the present Charter and Code and asked that Co uncil put the ch a nges on the ba llot . Bob Brundage , 4140 South Huron, member of the Career Service Boar d, appea r ed bef ore Co unci l. Mr. Br undage stated the Board has found it difficult to operate and that the pro - posal should be passed for th e convenience and protection of employees to whom the Board must be f air. Jo E llen Turner, 4630 South Cherokee, member of the Career Service Board, appeared before Council. Ms. Turner stated the present Charter provisions are ambigious and i nef fe cient . The interests of the employees, the City, and the citizens wou ld best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she left the City's em- ployment four months ago and as a result she has chosen n o t to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of th e proposed amend- ments. Dave Goodman, attorn e y for Car ee r Service Board on t he matter of Charter changes appeared before Counc il . Mr. Goodman stated he was impressed with Council's abil i ty to e ntertain so many open hearings and t o have solicited so many opinions from so many employees f r om t he emplo yee organizat ions. Mr. Goodman stated Council's work and ef f ort in this regard was appreci ated by him. Larry Leydon, 3795 South Logan, appea red befor e Coun - cil. Mr. Leydon stated alot of dialogue ha s been said b y the Career Service Board members a bout communication problems w ith old dialogue and efforts to clean it up. Mr: Leydon stated he agreed if the opportunity presented itself . Mr. Leydon stated he agreed wi t h Board Member Pokraka concerning questi ons o f the language. Mr. Leydon stated if his organiz ation could be guar- anteed of having dialogue with people, he had no objections. He stated no one on the City Council had the righ t to say that he did not have the ri ght as a citizen or the right of a citizen of Englewood, or lost his right because he was a police officer to speak out; but alledged tha t because he came to talk before the Council four mo nths ago he had a federal lawsuit pending because he was prejudiced and discriminated against for talking to Council . • I • • • January 26, 1981 Page 4 • • • City Manager McCown stated Mr . Leyden's expression of the lawsuit and who discriminated against him and for wh at rea- sons was purely Mr. Leyden's opinon and not necessarily the opinion of others . Council Member Neal advised Council this was not the proper place to hear Mr. Leyden's allegations. Council Member Fitzpatrick stated City employees were inclusive of Council and among any groups the only to operate was by communicati'on and dialogue . COUNCIL MEMBER BILO MOVED TO VOTE ON THE AMENDMENTS AS ONE UNIT. Council Member Keena seconded the motion. Council Member Higday queried the amendment that would prohibit an employee or member of employee's imme diat e fa mily to serve a memb er of the Board s i nce it was not a le gal matter. Mr. Higday stated he preferred to vote on the amendments separately. Upon a call of the roll, the vote on the motion to vote on the amendments as one unit resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the amendments as one unit resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll , t he vote on the original mo-tion resulted as f ollows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • t • January 26, 1981 Page 5 .. • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEET- ING. Mayor Otis adjourned the meeting without a vote at 6 :02 p.m. • I . • ' • • l • SPECIAL MEETING: • • .. • COUNCIL CHAMBERS CITY OF ENGLE~OD, COLO RADO Januar y 26, 198 1 I~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 26, 1981 , at 5 :30 p.m. Mayor Ot i s, presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Otis. The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick , Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was to consider an ordinance proposing charter changes in the Career Service system, Mayor Otis reminded everyone that Council had another meet- ing at 6 :00 p.m. and asked that everyone keep their comments brief. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY • COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • • January 26, 1981 Page 2 • • - AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECI AL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOS ED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOW S: CURRENT ARTICLE XV CO NCERN- ING ENGLE WOOD EMPLOYEE REL AT I ONS AND CAREER SERVICE SYSTEM ACT - 1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIO NS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18 , ON FINAL READING. Counc il Member Keena seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137:2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD "WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORDS. Council Member Bradshaw s econded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INST EAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AFTER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning, 2951 South Franklin, former Ch airperson of the Career Service Board, appeared before Council. Ms. Henning stated some of t h e changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact that certain Charter and Code provisions contradicted each other, contained unclear language and poor definitions, and these pro- visions did not address the problems in the employee relations field. Ms. Henning urged Council to put the changes on the ballot • • I . • • January 26, 19 81 Page 3 • • .. Don Weber, 2893 South Ogden, current Chairperson of the Career Service Board, appeared bef ore Council. Mr. Weber stated the Board can not operate fairly und e r the present Charter and Code and asked t hat Council put the changes on the ballot. Bob Brundage, 4140 South Huron, member of the Career Service Bo ard, appeared befor e Council. Mr. Brundage stated the Board has found it difficult to operate and that the pro- posal should be passed for the convenience and protect i on of employees to whom the Board must be fair. Jo Ellen Turner, 4630 South Cherokee , member of the Career Service Board, appeared before Council. Ms. Turner stated the present Charter provisions are ambigioua and ineffecient. The interests of the employees, the City, and the citizens would best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she left the City's em- ployment four months ago and as a result she has chosen not to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of the proposed amend- ments. Dave Goodman , attorney for Career Service Board on the matter of Charter changes appeared before Council. Mr. Goodman stated he was impressed with Council's ability to entertain so many open hearings and to have solicited so many opinions from so many employees from the employee organizat ions. Mr. Goodman stated Council's work and effort in this regard was appreciated by him. Larry Leydon, 3795 South Logan, appeared before Coun- cil. Mr. Leydon stated alot of dialogue has been said by the Career Service Board members about communication problems with old dialogue and efforts to clean it up. Mr.' Leydon stated he agreed if the oppor tu nity pr esented itself . Mr. Leydon stated he agreed with Board Member Pokraka concerning questions of the language. Mr. Leydon stated if his organization could be guar - anteed of having dialogue with people, he had no objections. He stated no one on the City Council had the right to say tha t he did not have the right as a citizen or the right of a citizen of Englewood, or lost his right because he was a police officer to speak out; but alledged that because he came to talk before the Council four months ago he had a federal lawsuit pending because he was pr eju diced and discriminated against for talking to Council . I • • • January 26, 1981 Page 4 • • • City Manager McCown stated Mr. Leyden's expression of the lawsuit and who discriminated against him and for what rea- sons was purely Mr. Leyden's opinon and not necessarily the opinion of others. Council Member Neal advised Council this was not the proper place to hear Mr. Leyden's allegations. Cou ncil Member Fitzpatrick stated City employees were inclusive of Council and among any groups the only to operate was by cotii!IUnicati'on and dialogue. COUNCIL MEMBER BILO MOVED TO VOTE ON THE AMENDMENTS AS ONE UNIT. Council Member Keena seconded the motion. Council Member Higday queried the amendment that would prohibit an employee or member of employee's immediate family to serve a member of the Board since it was not a legal matter. Mr. Higday stated he preferred to vote on the amendments separately. Upon a call of the roll, the vote on the motion to vote on the amendments as one unit resulted as follows: Ayes : Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the amendments as one unit resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * I • • • January 26, 1981 Page 5 .. • • • ING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEET- 6 :0 2 p.m. Mayor Otis adjourned the meeting without a vote at • I . . 0 • • SPECIAL MEETING : • • - COU NCIL CHAMBERS CITY OF ENG LEWOOD , COLO RADO January 26, 1981 The City Council of the City of Englewood, Arapahoe County , Colorado, met in special session on January 26, 1981, at 5 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Otis. The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Mayor Ot i s stated the purpose of the special meeting was to consider an ordinance proposing charter changes in the Career Service system. Mayo r Ot is reminded everyone that Counc i l had another meet- ing at 6 :00 p.m. and asked that everyone keep their comments br ief. ORDINANCE NO. 18 SERIES OF 198 1 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCI L MEMBER BRADSHAW • I • • • January 26, 1981 Page 2 • • - AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTICLE XV CONCERN- ING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT - 1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, ON FINAL READING. Council Member Keena seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD "WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORDS. Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INSTEAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AITER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning, 2951 South Franklin, former Chairperson of the Career Service Board, appeared before Council. Ms. Henning stated some of the changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact that certain Charter and Code provisions contradicted each other, contained unclear language and poor definitions, and these pro- visions did not address the problems in the employee relations field. Ms. Henning urged Council to put the changes on the ballot • • I . • • • January 26 , 1 98 1 Page 3 • • .. Don Weber, 2893 South Ogden, current Chairperson of the Career Service Board, appeared before Council. Mr. Weber stated the Board can no operate fairly under the present Charter and Code and asked that Co uncil put the changes on the ba l lo t . Bob Brundage, 4140 South Huron, member of t h e Caree r Service Board , appeared befor e Council. Mr. Brundage stated the Board has found it difficult to operate and that the pro- posal should be passed for the convenience and protection of employees to whom the Board must be f air. Jo Ellen Turner, 4630 South Cherokee, member of the Career Service Board, appeared before Council. Ms. Turner stated the present Charter provisions are ambigious and ineffecient. The interests of the employees, the City, and the citizens would best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she left the City's em- ployment four months ago and as a result she has chosen not to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of the proposed amend- ments. Dave Goodman, attorney for Career Service Board on the matter of Charter changes appeared before Council. Mr. Goodman stated he was impressed with Council's ability to entertain so many open hearings and to have solicited so many opinions from so many employees from the employee organizations. Mr. Goodman stated Council's work and effort in this regard was appreciated by him. Larry Leydon, 3795 South Logan, appeared before Coun- cil. Mr. Leydon stated alot of dialogue has been said by the Career Service Board members about communication problems with old dialogue and efforts to clean it up. Mr: Leydon stated he agreed if the opportunity presented itself. Mr. Leydon stated he agreed with Board Member Pokraka concerning questions of the language. Mr. Leydon stated i f his organization could be guar- anteed of having dialogue with people, he had no objections. He stated no one on the City Council had the right to say that he did not have the right as a citizen or the right of a citizen of Englewood, or lost his right because he was a police officer to speak out; but alledged that because he came to talk before the Council four months ago he had a federal lawsuit pending because he was prejudiced and discriminated against for talking to Council • I • • l • January 26 , 1981 Page 4 • • • City Manager McCown stated Mr. Leyden 's expression of the lawsuit and who discriminated against him and for what rea- sons was purely Mr. Leyden's opinon and not necessarily the opinion o f o thers . Council Member Neal advised Council this was not the proper place to hear Mr. Leyden's allegations. Council Member Fitzpatrick stated City employees were inclusive of Council and among any groups the only to operate was by coliiTIUnicati'on and dialogue . COUNCIL MEMBER BILO MOVED TO VOTE ON THE AMENDMENTS AS ONE UNIT. Council Member Keena seconded the motion. Council Member Higday queried the amendment that would prohibit an emp loyee or member of employee's i mmediat e family to serve a member of the Board since it was not a legal matter. Mr. Higday stated he preferred to vote on the amendments separately. Upon a call of the roll, the vote on the motion to vote on the amendments as one unit resulted as follows: Ayes : Nays : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the amendments as one unit resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • ' I ( • January 26 , 1981 Page 5 '. • • • COUNCIL HEHBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEET- ING. 6 :02 p.m. Mayor Otis adjourned the meeting without a vote at • I . • • • • • • CO CIL CHAMBE RS {C0 CITY OF EN GLEWOOD, COLO RA DO J anuar y 26, 1981 SPECIAL MEETING : The City Council of the City of Englewood, Arapah oe County, Colorado, met i n special session on January 26, 19 8 1 , at 5 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Otis. The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was to consider an ordinance proposing charter changes in the Career Service system. Mayor Otis reminded everyone that Council had another meet- ing a t 6 :00 p.m. and asked that everyone keep their comments brief. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • • January 26, 1981 Page 2 • • - AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERN - ING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT - 1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, ON FINAL READING. Council Member Keena second ed the motion . COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137:2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD "WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORDS. Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INSTEAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AFTER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning, 2951 South Franklin, former Chairperson of the Career Service Board, appeared before Council. Ms. Henning stated some of the changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact that certain Charter and Code provisions contradicted each other, contained unclear language and poor definitions, and these pro- visions did not address the problems in the employee relations field. Ms. Henning urged Council to put the changes on the ballot • • I • • ( • January 26, 19 8 1 Page 3 ,. • • Don Weber, 2893 South Ogden, current Chairperson of the Career Service Board, appeared before Council. Mr. Weber stated the Board can not operate fairly under the present Charter and Code and asked that Council put the changes on the ballot. Bob Brundage, 4140 South Huron, member o f the Career Service Board , appea red befor Council. Mr. Brundage stated the Board has found it difficult to operate and that the pro- posal should be passed for the convenience and protection of employees to whom the Board must be fair . Jo Ellen Turner, 4630 Sou th Cherokee, member of t he Career Service Board, appeared before Council . Ms. Turner stated the present Charter provisions are ambigious and ineffecient . The interests of the employees, the City, and the citizens would best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she left the City's em- ployment four months ago and as a result she has chosen not to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of the proposed amend- ments. Dave Goodman, attorney for Career Service Board on the matter of Charter changes appeared before Council. Mr. Goodman stated he was impressed with Council's ability to entertain so many open hearings and to have solicited so many opinions from so many employees from the employee organizat i ons. Mr. Goodman stated Council's work and effort in this r e gard was appreciated by him. Larry L eyden, 3795 South Logan, appeared before Coun- cil. Mr. Leyden stated alot of dialogue has been said by the Career Service Board member s about communica tion problems with old dialogue and efforts to clean it up. Mr ." Leyden stated he agre ed if the opportunity presented itself . Mr. L eyden stat ed he agreed w ith Bo ard Member Pokrak a concerning questi ons of the language. Mr. Leyden stated if his organization could be guar - anteed of having dialogue with people, he had no objections. He stated no one on the City Council had th e right to say that he d id not have the right as a citizen or the right of a citizen of Englewood, or lost his right because he was a police officer to speak out; but alledged that because he came to talk before the Council four months ago he had a fede ral lawsuit pending because he was prejudiced and discriminated against for talking to Council. I • • • • Janu ary 26, 198 1 Page 4 • • - City Manage r McC o wn s ated Mr . Leyden's e x pr ssion of th e laws ui t a nd wh o discr i mina ed against him and for wh at r a- s ons was pure ly Mr . Leyd o n's opinon and not neces sa r ily the op i nion of o t h ers. Coun cil Mem b er Nea l advised Co u n cil this was not th e pro per place to hear Mr . Leyden 's a l lega t i on s . Co u nci l Member F i tzpat ri ck stated City emp l oye es were i nclusive of Counc i l a nd among any g roups th e only to op e r a te was by commun i cat1on and d i alogue . COUNCIL ME MB ER BILO MO VE D TO VOTE ON THE AME NDME NTS AS ONE UNIT . Co uncil Me mb e r Ke ena seconded the moti on. Co u n cil Membe r Hi gd ay qu e r i e d t h e ame ndment that would p rohibi t an e mp loye e or me mb e r o f e mp loyee 's immed iat e family to serve a member of the Board since it was not a l egal matter. Mr. Higday stated he preferred to vote on the amendments separately. Upon a call of the roll , the v ote on the motion to vote on the amendments as one unit resulted as follows: Ayes: Nays : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Ot i s. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the amendments as on e unit resulted as follows: Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Up on a ca l l of the ro ll, th e vote on the original mo-t i on re s u lt e d a s f o llows : Ayes : Nays : Council Members Higday, Neal, F itzpatrick, Keena, Bi lo , Bradshaw, Otis. None. The Mayo r d e clare d the motion carried. * * * * * * • I • • ,.. • ' '( • January 26, 1981 Page 5 . . • • • ING. COUNCIL MEMBER HIGDAY t«::VED TO ADJOURN THE SPECIAL MEET- 6:02 p.m. Mayor Otis adjourned the meeting without a vote at • I . . • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO January 26, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 26, 19 8 1 , at 5 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Otis. The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was to consider an ordinance proposing charter changes in the Career Service system. Mayor Otis reminded everyone that Council had another meet- ing at 6 :00 p.m. and asked that everyone keep their comments brief. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • • Jan u a r y 2 6, 19 8 1 Page 2 • • - AN ORD I NAN CE SU BM ITT I NG TO A VOTE OF THE QUAL I FI ED ELECT ORS OF THE CITY OF ENGLEWOOD , COLORADO , AT A SPE CIAL ELECTION TO BE HELD ON MARCH 24, 198 1, PROPOS ED AMENDMEN T TO THE CHARTER OF THE CITY OF ENGLEWOOD , AS FOL LOW S : CU RRENT ARTICLE XV CONCERN- I NG ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT - 19 72 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, ON FINAL READING. Counc i l Member Keena seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD ''WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORDS. Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INSTEAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AITER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning, 2951 South Franklin, former Chairperson o f t he Career Service Board, appeared before Council. Ms. Henning s tated some o f the changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact t hat certain Charter and Code provisions contradicted each other, c ontained unclear language and poor definitions, and these pro- v isions did not address the problems in the employee relations f ield. Ms. Henn i ng urged Council to put the changes on the ballot • • I • • January 26, 1981 Page 3 • • .. Don Weber , 2893 South 0 den, current Chairperson of the Career Service Bo ard, appear d before Council . Mr . Web er stated the Board can not operate fairly under the present Charter and Code and aske d that Council pu the changes on the ballot. Bob Brundage , 4140 South Huron, member o th Career Service Board, appeared before Council. Mr. Brundage stated the Board has found it difficult to operate and that the pro- posal should be passed for the convenienc e and p r ot ection of employees to whom the Board must be fair. Jo E l len Turner, 4630 Sou h Cherokee, member of the Career Service Board, appeared before Counc il . Ms. Turner stated the present Chart er provisions are ambigious a nd ineffecient. The interests of the employees, the Cit y, and the citizens would best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she lef t the City's em- ployment four months ago and as a result she has chosen not to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of the proposed amend- ments. Dave Goodman, attorney for Career Service Board on the matter of Charter changes appeared before Council. Mr. Goodman stated he was impressed with Council's ability to entertain so many open hearings and to have solicited so many opinions f rom so many employees from the emp loyee organizations . Mr. Goodman stated Council's work and effort in th is regar d was appreciated by him. Larry Leyden, 3795 South Logan, appeared befor e Cou n- cil. Mr. Leydon stated alot of dialogue has been said by th e Career Service Board members about communication problems with old dialogue and efforts to clean it up . Mr: Leyden stated he agreed if the opportunity presented itself. Mr. Leydon stated he agreed with Board Member Pokraka concerning questions of the language. Mr. Leyden stated if his organiz at ion could be guar - anteed of having dialogue with people, he had no objec tions . He stated no one on the City Council had the right t o say th a t he did not have the right as a citizen or the right of a citizen of Englewood, or lost his r ight because he was a police officer to speak out ; but alledged that because he carne to talk before the Council four mo nths ago he had a federal lawsuit pending because he was prejudiced and discriminated a g ainst for talking to Council. • I • • • • January 26, 1981 Page 4 • • • City Manager McCown stated Mr. Leydon's expression of the lawsuit and who discriminated against him and for what rea- sons was purely Mr. Leydon's opinon and not necessarily the opinion of others. Council Member Neal advised Council this was not the proper place to hear Mr. Leydon's allegations. Council Member Fitzpatrick stated City employees were inclusive of Council and among any groups the only to operate was by communicatfon and dialogue. COUNCIL MEMBER BILO MOVED TO VOTE ON THE AME NDMENTS AS ONE UNIT . Council Member Keena secon ded the motion . Council Member Higday que r ied the amendment that would prohibit an employee or member of employ e e's immediate family to serve a me mbe r o f t he Board s i nce i t wa s not a le ga l mat t er. Mr. Higday sta t ed he preferred t o vo te on th e amendmen ts separately. Upon a ca ll of the roll , the v ote on the motion to vote on the amendments as one uni t resulted as follows : Ayes : Nays: Counc i l Members Neal, Fitzpatr ick, Keena, Bilo , Bradshaw, Ot i s. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the amendments as on e uni t resulted as follows: Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a ca l l o f the rol l, the vote on the o riginal mo- tion r e s ulted as f o l lows : Ayes : Nays : Council Members Hi gday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * I • • ' ( • January 26 , 1981 Page 5 . . • • • ING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEET- 6:02 p.m. Mayor Otis adjourned the meeting without a vote at • I . . ·In ( • • • • COUNCIL CHAMBERS CITY OF ENGLEioK)()D, COLORADO January 26, 1981 I~ SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 26, 1981, at 5 :30 p.m. Mayor Ot i s , presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Ot is . The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: was to Career Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins Mayor~is stat:d :he*pu:po:e :f the special meeting consider an ordinance proposing charter changes in the Service system. Mayor Otis remi nded everyone that Council had another meet- ing at 6 :00 p.m. and asked th a t everyone keep their comm en ts brief. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • 0 J • J anuary 26 , 1 981 Page 2 • • • AN ORDINANC E SUBM ITTI NG TO A VOTE OF THE QUALIFI ED ELECT OR S OF THE CI TY OF ENGLEWOOD , COLORADO , AT A SPEC IAL ELECTION TO BE HELD ON MARCH 24, 198 1 , PROPO SE D AMENDMEN T TO THE CHARTER OF THE CITY OF ENGLEWOOD , AS FOL LOWS : CURRENT ARTICLE XV CONCERN- ING ENGLEWOOD EMPLOYEE RE LATIONS AND CAREER SE RVICE SYSTEM ACT - 1972 I S REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, ON FINAL READING. Council Member Keena seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD ''WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORD S . Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INSTEAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Me~ ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AFTER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning , 2951 South Franklin, former Chairperson of the Career Service Board, appeared before Council. Ms. Henning stated some of the changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact that certain Charter and Code provisions contradicted each other, contained unclear language and poor definitions, and these pro- visions did not address the problems in the employee relations field. Ms. Henning urged Council to put the changes on the ballot • • I . • 0 • January 26 , 1 98 1 Page 3 • • • Don Weber, 2893 S o uth Ogden, current Chairperson of the Career Service Board , appear d before Council . Mr . Weber stated the Board can no operate f a irly under the present Chart r and Code and asked t hat Co unc i l put t he changes on the ba llo • Bob Br undage, 4140 South Huron, member of th e Care er Service Board, appeared befor e Counc il . Mr. Bru n dage stated the Board has found it difficult to operate and that the pro- posal sh ould be passed for th e convenience and protection of employees to wh o m the Board must be fair . J o E l len Turner, 4630 South Cherokee, member of the Career Service Board, appeared be fore Council. Ms. Turner stated the present Ch a r ter provisions are ambigious a nd ineffecient. The interests of the employees, the Cit y, and the citizens would best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she left the City's em- ployment four months ago and as a resu lt she has chosen not to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of the pr oposed amend - ments. Dave Goodman , attorney for Career Service Board on the matter of Charter changes appeared before Council . Mr. Goodman stated he was impressed wi th Council's abil ity to entertain so many open hearings and to have sol icited so many o pinions f rom so many employees from the employee organizations. Mr. Goodman stated Counc i l's work and ef fo rt in th i s regard was appreciated by him. Larry Leydon, 3795 South Logan, appeared be fore Coun- cil. Mr. Leydon stated alot of dialogue ha s been said by the Career Service Board members about communicat ion problems w ith old dialogu e and efforts to clean it u p. Mr.' Leyd on stated h e agreed if the opportunity presented itself . Mr. Leyd on stated h e agr e ed with Board Member Pokraka concerning questions of t he language. Mr. Leydon stated if his organization could be g uar - anteed of having dialogue with people, he had no o b jections. He stated no one on the City Council had the right to say that he did not have the r ight as a citizen or the righ t of a citizen of Englewood , or lost his right because he was a pol ice officer to sp eak out; but al ledged that because he came t o talk before the Council four months ago he had a feder al lawsuit pending because he was prejudiced and discriminated against for talking to Council. I • • • January 26, 1981 Page 4 • • - City Manager McCown stated Mr. Leydon's expression of the lawsuit and who discriminated against him and for wha t rea- sons was purely Mr. Leydon's opinon and not necessarily the op inion of others . Council Member Neal advised Council this was not th e proper place to hear Mr. Leydon's allegations. Council Member Fitzpatrick stated City employees were inclusive of Cou nci l a nd among any groups the only to operate was by coDIIIUnicati"on and di alogue . COUNCIL MEMBER BILO MOVED TO VOTE ON THE AMENDMENTS AS ONE UNIT. Council Member Keena seconded the motion. Co u ncil Member Higday queried the amendm ent that would prohibit an employee or member of employee's immediate family to serve a member of the Board since it was not a legal matter. Mr. Higday stated he preferred to vote on the amendments separately. Upon a call of the roll , the vote on the motion to vote on the amendments as one unit resulted as follows : Ayes: Nays: Council Members Neal. Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll , the vote on the amendments as one uni t resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the ro ll, the vote on the original mo- tion resulted as follows : Ayes : Nays : Council Members Higday. Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • January 26, 1981 Page 5 • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEET- ING. 6:02 p.m. Mayor Otis adjourned the meeting without a vote at • I . . ~ID • • .. • ~--~ ((~ "'-'. 17l ~z --~ &..~ " 1< u If f ._;; , ;Cj {'I I, ) I ; (!< '-" RI LL CALL • ·__f'. dJ" ,')')~ J Moved Seconded Hl gday Neal Fltzpatnck Keena Bllo Bradshaw Ot1s 't (/:2 'lU£ ~ }) } c.. C t 'L(./)(_ ~~·tel~-;_ ;!J t !;~ M~ Aye Nay • ' ...... (.{_ • l (, L< r It I.._ ,.J 6.. n "-<--~: J1.' ;-'7' }p ~ _;--~ Ab s e n t Ab s ta in I . . • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav V"' Neal 1.-- F i tzpat r1 ck 1.-- Keena i-- 8110 1.-- Bradshaw L-- OtiS ~ • • • I • • • • • • .. - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fl tzpatn ck v--Keena 8110 .......... Bradshaw OtiS /t:L I • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Absta in Higday Neal Ft tzpatrt ck v l<eena Btlo v Bradshaw Otts I • • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain I • • • • • • .. • ROLL CALL Mo v e d Seconded Aye Na y Ab sent Ab stain F1 tz atn ck Keena 8 0 ......-Bradsh- Oti S t I I ( C/1 ) --..2 L IV ,_ ./ l) I • • • • • • .. • ROLL CALL Hoved Seconded Aye Nay Absent Abstain Hlgday Neal F1tzpatr1ck ~ Keena Bllo y-Bradshaw OtiS ;7 / )' t. I I • • • • • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick _v-Keena Bllo t-Bradshaw OtiS I • • • • • • .. - ROLL CALL Moved Seconded Aye Na y Ab sent Abstain HiQdav Neal Fitzpatrick Keena 8110 Bradshaw Otis I ~ I ) , Y cr ,I } _.,., ,, ) ) I .J . J ) J ; (/ I d t1J ) J ' 1 ,. 0 J/_,,t/' c:f "'"' .I ~'--'J 1, f I -)J 1 1-+-1 .... / r-(/ L 1"\' 0'./ rL ~ ( --· v ~l J/ 11 <."-~ r d ( / I d I ./ 1 . 1 -.,/,A ,. ~...;f(/ ~ '(1 / I J '...) ,. ( .t t~-_ .v • /"1 / ,I I I L { ,. " ' ' .~ ()1 l c )J ..... / I < I ) I...; ./ .I I l .I I •j ( ,...-;I "/." ....... "' ) ~ u/.' I It 0 . .~.;. tf'/J/ '[ ; (r' ,; e. I /· / I II ,, I" (. / 11 ' ( )'- I • • // ;;, / .I 1 ,1( ( ... / -;I.;) /.J..< '() -- 1 >·1 / }l ~:.,;.) -~ ) , c=. L "C,/1-UJ (,A_.· ........ . / :.~ /.. -' tU .. / ,L../ tl /~.t ..;c._....> // • • ;1 yJ \....././ ;. ' ./ Moved ' ( J (_, • • .. • ROLL CALL Seconded A ye N Hi gday Neal Fi tzoatri ck Keena Bi lo Bradshaw OtiS ' •) \I /-=--f)./.. "/I I ~, G t1-' l' ..,~ '' If, ay Absent ' 0 "\ -r Abstain __,./ u. 1 /.I I {lt 1 e:'-- .// • //U ~LI (f > / v ' ~.~ 1 , 1 _., ,/ t( :...._... ; ::..-.-~ (../ 1 / ,. / ~~ 1/ IJ.. I ) l', ~,;el-l a ,. -t u. ~~•I' ~/"'-'-'"' .--/; / j' ~ /1 I~ 'Y11. ' c I ) I ~ ~ /...t1 .r::t. I " ,-A /I ~I. /;, I J / ,.~, ,.( J I ~ " / I , I -~~ " I .-1 ,) CJ t ,,.__ I /I . .. !..-. .J(.... 1 Jl':)-" " ) ...-VJ, r '>1" / ) l !::. /'I ./ II t. , ..) ./ ,, - I • • • • .. • RO LL CAL L Moved Seconded Aye Nay Absent Abstain Higday Neal Fl tzpatre ck - Keena Bllo Bradshaw OtiS / .J.~) I ,_ /~ -· " / -7/) "e;, ,.- d ~- ~ jj I/ A v ( ) C1 '-~-c ) I '; ( ('\ f j I ·-~ ~Ot_./ /A ~ / ,_/.. (/ ~ v I I / J r / 0 J -•..) ":./../ r ) -""'-'; v t'l ~ (./ .I f, '-A I L i . \. r } ~ / L ,# '-"'1 r) • • I. /); , , ------- -.-1 ;..__ ,// J .// f /1 ./' .... I .j, ,_ ~, /44 1 --- I • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday Neal Fitzpatrick Keena Bllo Bradshaw OtiS ..) (t A ) _:1 --; ) *? c/ I .t ) I I /11 I /) ( - '11 ,• > .... / c2-V-(.f_..:-.;v ..) }))cf.!..-''/ _! ' 'rJ / ; ,J J t ')-- 'j ,1 (/ /(J / ' "a. .) ./ ) ~.("-' _j f I -+-'J) 1/ '\) { v 1 / -, -( ( ( L( ,.(_ ~')~ I • • • • .. • ROLL CALL l'lo ve d Seconded Aye Nay Absent Abstain Hlgday Neal Fitzpatrick Keena Bllo Bradshaw OtiS I . . • • • • , . • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav - Neal " F1tzpatnck 1 .{../ Keena I c..-B1lo I Bradsh-~ Otis • I • • • • • lJ- • . . • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal l F1 tzpatri ck I Keena I Bilo I Bradshaw \ Otis '- UT'H...L I d.__.. C<J a_ ~~ !I • • I . • • • ?"-x l n • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain Hlgday \ Neal I Fitzpatrick I Keena I Bllo I Bradshaw I OtiS \ I • • • • • • 5 :30 P.M. 1. • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 26, 1981 / J fj u-J Call to order, invocation, pledge of allegiance, and roll call. Ordinance on Final Reading. {a) Ordinance submitting to a vote of the qualified electors of the City of Englewood, Colorado, at a special election to be held on March 24, 1981, proposed amendment to the Charter of the City of Englewood, as follows: current Article XV, con- cerning Englewood Employee Relations and Career Service System Act -1972 is repealed and adopted in place thereof is Englewood Labor Relations and Career Service System -1981. (Copies enclosed.) 2. Adjournment. /\ J' I , /~· (' /ll,t_ ··1 ,//_ r.(-c. -,'- Andy McCown City Manager • I • • • • ORDINANCE NO. SERIES OF 19 8-1-- • • - BY AUTHORITY lA COUNCIL BILL NO. 1 8 INTRODUCED BY COUNC IL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF TH E CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS REPEALE D AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at a special election to be held on March 24, 1981 proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210 of Colorado Revise d Statutes 1973, as amended, Article XV, Englewood Employee Relation s and Career Service System Act -1972, of the Home Rule Charter of the City of Englewood is hereby repealed and adopted in place thereof is the following: • I • • • ( • • • • • - ARTICLE XV Englewood Labor Relations a nd Career Service System -19 8 1 137 :1 Statement of Policy -Labor Relations It is the public policy of the people of the City of Englewood to promote harmonious, peaceful and cooperative re- lation•hips between the elected and appointed officials of the City and the members of the classified service and to ~rotect 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 g9vernment of the City of Englewood, 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 tor resolving impasses in such bargaining, as here- inafter provided. The establishment of this method of resolv- ing 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 recognition of the desirability of ·maiutai.n.ing a balance in the I labor mana1ement relationship, must be denied the right to strike, -2- • I • • • • • • .. - §137:2 Def i n i tions As utilized in th is Art icle o f the Charter, the following d efinition• •ball be observed: (a) Appointing Authority. The Appo i nt i n g Autho~ity is the Ci ty llan-..er. (b) Peraanent. A full-t~e classified employee who has succea•fully completed a probationary period in a classi f i e d position ·after orisinal appointment or promotion by the appointing authority. A permanent employee is subject to the protection of the Career Service Byatem. (c) Claasified ·service. All full-time permanent classif- fied po•itioiJitbat are included within the Career Service System. (d) Employer or City Employer. The Mayor, and members of the City Council, City Manager and his or her designees for pur- poses of collective bargaining. (e) Contractual Employment. Employment relationship not a part of the Career Service System for a set period of time for special projects or programs or for other managerial and profes- sional assistance. (f) Confidential Employee. An employee who is privy to d ec isions or who bas access to information of City management a!fectin& employee relations or whose functional responsibilities or knowledse of the .City affairs makes memberships or participa- tion in the affairs of an employee organization incompatible or inconsistent with their official duties of employment. For pur- ' poses of this definition it is conclusively· pre$1.111led that any individ:- -3- • I • • • • • • • ual employee in th e City Manager's of fice o r in h e Employee Re la- tions Department or in the City Attorney 's off ice is a confid entia l employee. (C) Confidential Secretary. One p e r son in t he o ffice of each depart.ent, board or commission and City Council as d e sig- nated ~y the City Manager. (b) Managerial Employee. Tbe City Manager, department he ad s and assietant department beads. (i) 8upervi.ar. An individual having tbe authority, consis- tent with other provisions of this Article, in the interest of the employer to hire, fire, transfer, suspend, lay-off, recall, promote, discbarce, assicn, reward, discipline or evaluate other employees, or to adjust their grievances, or effectively to rec- commend any of the foregoing if, in connection with the foregoing, tbe exerciae of sucb authority is not of a merely routine or cler- ical nature, but, rather, requires the use of independent judgment. (j) City Rights. Tbe City shall have, in addition to a·ll powere, duties and ricbts established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; (i) Determine the overall mission of the City as a unit of government. (ii) To maintain and improve the efficiency and effective- ness of City ·operations. (iii) To determine the service~ to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. -4- • I • • D • • • • • (iv) To determine the overall methods, proce ~~es, means, job classifications o r personnel by which City operations are to be conduc ted . (v) To direct, supervise, hire, promo te, transfer, assign, schedule, retain or lay-o ff employees. (vi) To suspend, discipline, discharge , and demote for cause, all full-time permanent c lassified employees. (vii) To relieve employees from duties becau se o f lack of work or funds, or under conditions where the Cit y determines continued work would be inefficient or non- productive. (viii) To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective ·bargaining acre-ent. (ix) To take any and all actions to carry out the mission of the City in cases of emergency. (x) Nothinc contained herein shall preclude the City from conferring with its employees for purpose o f d e- veloping policies to effectuate or implement any of the above-enumerated rights·. All of the powers, duties and rights as enumerated above shall be within the exclusive right of the City except as limited or modified· by· a · collective bargaining agreement. (k) Employee Rights. A full~time classified em- ployee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: (i) To form, join, support or participate in, or to -5- ____ ,.;_ _________ . -----.. -.. --.--....--.---·-···---......-·.-~·:o.·t ~f,. .... • I • • • •• • • .. - retrain from forming, joining, support:tng, or par ticlpal:in g in any employee organizat ion or its lawful activities; and (ii) Bargain collectively through t heir certi fied empl oyee repreaentative. (iii) No employee shall be interferred with, restrained, co~rced or discriminated against because o f the exercise o f these ri~hts nor shall the right of an individual employe e to diacuss employment. concerns with tbe· City be infringed upon. · (1) ~. The Career Service Board. (m) Appropriate Employee BarB/a'ilfi·ng· Un .it ·cor Appropriate Bargaining Unit). An employee unit designated by the Board to be appropriate tor tbe .purpose of collective bargaining , In deter- minin~ the ~ppropriate bargaining unit the Board shall have no 1 authority to include any employee other than a full~time classified employee. Any full-time classified - • employee may be considered tor inclusion in the appropriate bar- gaininc unit except: (1) Any elected official or person appointed to fill a vacant elected position, or any Board or commission mem~ ber .or judge, or any person appointed to a position by City Council. (ii) City Manager, assistants to the City Manager and employees of the City Manager•s office, Department Heads, City Attorney and employees o! the City Attorney~s office ·and confidential secretaries. (iii) Managerial and supervisory 'employees. (iv) Confidential employees. (v) Any part-time, temporary or contractual employee, -6- • I • • •• • • • - (vi) Any employee hired !or specia l pro jec s or pro- grams or through the use of outsid e f undin g so urces . (n) Employee Organization. Mean s a ny lawful organization which bas as one of its primary purpose s represent i ng full-t ime classifi.ed employees in thei.r employment relation with / the City; provided, however, that said organizat ion has no re- striction on membership based on age, r ace , color, creed, sex, handicap, or national origin, (o) Certified Employee Organization (or Certi fied Employee Representative). An ~ployee organization that has been certi- fied by the Board as representing the employees in an appropri- ate bargaining unit as a result of obtaining a majority vote in the appropriate unit pursuant to a Board conducted election. No organization shall be eligible to be the certified employee or- ganization if it admits to membership or is directly affiliated with an organization that admits to membership persons who are supervisor• or who act in a supervisory capacity with respect to employees of the City of Englewood as defined in this Article. No organization shall be eligible to be the certified employee organization or certified employee representative with respect to poli~e officers of the City if such organization admits to membership employees of any employer, public or private, other than police officers, except that such employee organization may affiliate itself with other org.anizations who admit such other employees to membership, so long as the certified employee organ- ization· remains locally autonomous.· (p) bclusive· ae·c ·ognit·i ·on 'o'f· ·a:n· EaipToyee· Organi·zation, The certification ot an employee organization by the Career Service Board that the organization shall represent all em- ployees in an appropriate unit as determined by the Board for the purpose of collective bargaining. -7- • I • • • • - ·. (q ) Stri k e . Co ncert ed activity resulting in f ailure to r e- •. por t to duty, or the absence from one's position, or the stoppage of work, or the abstinence in whole o r in part from the f ull and proper perforaance of the duties or emp loyment with the e mployer, or unauthorized deviation from normal o r pro per work duties or • activities. (r) Classified Employee. A certi f ied .ern p loyee a p po inted to an allocated position within the classif ied sys tem . The Council ••Y adopt additional appropriate definitions to effectuate the policies of this Article of the Cha r ter • . ----·----·----- §137:3 Bar1ining Rights Only full-time classified employees in.•an .. appro- priate bar1ainiDI unit have the right to bargain collectively with the City throu,h their certified employee representative toward~ •ecurinl a collective bargaining agreement. Only an employee organization that has been certified by the Board shall be entitled to engage in ·collective bargaining with the City. .In certifying an employee orgainization as representing the employee• in an appropriate bargaining unit, the Board or its deBignated hearing officer shall consider ( in addition to any other requirement as set forth herein) the following factors: (a) The unit that will insure employees the fullest freedom and the exercise of rights granted under this Article , -8- • I • • •• • • • • (b) The community of interest o f t he employees . (c) The history of the employee r elatio ns in the unit, among other employees of the City, and in similar public employ- meot. (d) The effect of the unit on ·the eff icient operation of the public aervice and sound employee relations. (e) The effect on the existing clas~ification structure of dividing a aingle classification among two or more units. §137:4 Terms of the Collective Bartta·ining Agreement The obligation to meet at reasonable times and negotiate in good faith ahall commence on or prior to May 15 of any applica- ble year in which the Bargaining Agreemept expires or 'in which collec~ve bargaining is otherwise proper. The Collective Bar- gaining Agreement between the City and the certified bargaining represent.ative shall consist of any and all · terms actually agreed upon by the parties~ which terms are not otherwise inconsistent with the Ordinances or Charter .of the City, The Collective Bar- gaining Agreement shall be for a term of not less than one (1) year nor more than three (3) years, provided that all Collective Bargaiping Agreements entered into shall be effective on a January 1 date udshall terminate on a December 31 date. -9- • I • • • I • • • • §137 :5 Subjects for Collective Ba~ga i n in g (a) Mandatory Subjects. The City and the certified em ployee repreaeptative shall have the mutual obligation to negotiate a nd bargain in good faith over the following mandatory s u b jects : Wages, hours, vacation, insurance (con tribution levels and levels of benefits only), holidays, l ea v e of absenc e , dues deduction, grievance resolution proce dure (in c lud in g costs and expenses associated therewi th), non-State or Federally regulated or mandated pension or retirement provisions (contribution levels only) , over-time pay formulas, work uniform provisions, acting pay, longe v ity, transfer procedure, procedures for suspension, demotion, and discharge, and education incentives. That the maintenance of benefits shall also be c o nside r ed a mandatory subject under this sec tion for the period covering up to and including De c e mber 31, 1984 , after which it will become a oermissive subiect. (b) Ron-Negotiable Subjects. The (allowing subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining' Any subjec~ pre-empted by State or ~ederal law or by City Charter; State or Federally regulated or mandated pension provisions; .administration of insurance programs, selection of insurance carrier including self-insurance; matters dele- gated by Charter to any Board or Commission of the City; all matters relating to classification, recruitment, hiring, examination and certification of appointment to a position and-·career Service Board Appeals based thereupon; promotions out of the bargaining unit, (c) Permissive Subjects. Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. -10- • I • • • • • §137:6 !!passe Resolution In the event the parties are unab le to reach agreement on all mandatory subjects to be contained i n the Collective Bargain- ing Agre..-nt on or before July 1 of the year in which the p arties have met and bargained over these subjects, impasse shall be declared with each party separately submitting to the Board an impasse a~teaent which contains that party's final offer regarding any mandatory .subject upon which the parties are at impasse. The Board .. y, at ita diacret.ion, appoint or employ one or more fact- finder• to aal!i•t it. ~y August 10, the Board shall issue writ·ten finding• of fact and recommendations for resolution of the 1nandatory subjects in dispute. Said findings and recommendations shall be served upon the Certified Employee organization, the City and the City Council and ahall be final and binding upon the parties unl ess , within five (5) working days after receipt of the findings .and recoaaendations, the parties are able to reach agreement over ·the terms of the new Collective Bargainin~ Agreement.. In the event the partie• are able to ·reach said agreement and have so notified the Board within this five (5} working day period, the Board's fi~ding s and recoJIIIlendations shall be null and void. All fees and expenses of the fact-finding process, .including the making; but not: the transcription, of a record and assistance .of counsel to the Board shall be ahared equal:!.y by the City and the Certified Employee Organization. -11-I • • • • • • --------------- §1 37:6 Impasse Resolution If either par.ty is dissatisfied wi th the Boa rd's final find- ings. and reco11111endations, the party or parties may subl\li t a \~ri t- ten notice of dissatisfaction to City Council within t wenty (20) calendar daya of. the date of issuance of ·the Board's finding and recommendations. Only the provision or provisions submitted to the Board for !.paaae resolution, which provision or provisions are the basis for diaaatiafaction, may be contained in the notice to City Council. Within thirty (30) calendar days after receipt of this · notice of diaaatiafaction, City Council shall call a special elec- tion by Ordinance or resolution submitting the matter to a vote of the qualified electorate of the City. The final offers of the City and Certified Employee Organization and the Board's recommendations on the iaaue(a) contained in a notice of dissatisfaction shall be submitted as alternative single measures to a vote of the qualified elector• of the City. The qualified electors shall elect either the position of the City, the position of the Certified Employee Organization, or the Board 1 s recommendation. The position or recommendation receiving the highest number of votes shall be deemed approved. Said election shall be consistent with the provisions o f Article II', Section 14 of the City Ch.arter. All cost and expenses of any publication or special election shall be borne by ·the City. -12- • I • • • • • • §137:7 Strikes Prohibited (a ) The protection of the public h eal th, safe ty and we l!ar demands that neither the ce rt ified e mployee o rganization, nor any em ployee organization, nor aoy employees of the City , nor any p e rson acting in concert with them, will cause , sanction, or t ake p art in any strike . (b) In the event a certified employee ·repre sent ative e n- gages in any conduct which falls within the def i n i tion o f "strike", herein, 8Ucb violation shall be cause for the City to terminate the collective bar~aining agreement with said certified employee representative and/or withdrawal of recognition of the ce ~tified employee representative upon giving written notice to that effect to the chief representative of said certified employ&e represen- tative or employee organization, in addition to whatever other remedie• aay be ·available to the City at law or in equity. (c) 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 the immediate dis- charge of said ·.employee, in addition to whateve1· other reme dies may be available to the City at law or in :equity. The City s h a ll not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in viola- tion of said section. It is expressly recognized that the Ci ty has the right to selectively discipline, up to and including discharge, any employee or employees whose conduct falls within the definition of said section without having to discipline all employees whose conduct falls within the definition of said section. -13- • I • • • • • - §137:8 City Ordinances Tbe Council aball adopt appropriate Ordinances to effectu ate the policiea of tbis Article of the Char ter. Sl38:~ Car .. r Service System The appointing Authority sha~l prepare and submit to City Council for adoption a •career Service System• which shall apply to all full-time classified employees of the City of Englewopd (herein the •city•), excluding any elected official or person appointed to fill a vacant elected position, any Board or Cown- ission Member,· Judge, City Manager, employees of the City Manager's office, Department Heads, City Attorney, employees of the City Attorney'• office, confidential secretaries, and persons appointed to a position by Council. Prior to final enactment by City Council of any ordinance adopting such system, or of any ordinance amending the same, such ordinance or amendment shall be submitted to the Board of Career Service Commissioners for recommendations and the Board shall, prior to forwarding to City Council such reco- mendations, after appropriate public notice, hold a public hear- ing thereon. The Board shall have forty-five (45) calendar days from the date of submission to forward such recommendations to the City Council. -14- • I • • • • • • Sl38 :2 Merit Principles ~he Career Service System shall include a _propriate Adm in i- strative Procedures which embody the following Merit Principles applicable to these employees as set forth i n §130.1 o f the Ch arter: I. Recruiting, selecting, and advancing applicants and employ e e~ on the basis of . their relative ability, kno\..rledge and skills , includi119 open consideration of qualified applican.ts for appOintment. Actual employment and promoti~n to be made f rom eligibility lists based on open, competitive examinations. II. ~he eatabl!.bment and maintenance of a classification plan baaed on job analysis and utilized for administrative· decisi on saaking on compensation, selection, employee development, career adv~cement, upward mobility and other personnel prog r a m ac~ivities. III. ~he establishment and maintenance of an employee train.ing program designed to improve performance. IV. The establishment and maintenance of a job rela1:ed employee performance appraisal system, desi.gned t:o asse ~;s the adequa c y of individual employee performance in relation to performance requirements, for employees t~ recognize theix-O\'i.n 'performance improvement needs, and as a basis for personmd action including promotion, reorganizing a11d rewarding superior per-.. formance and correcting inadequate pe_rformance or separating employee• in cases ,of continued inadequate perfor,nance. v. Permanent full .time classified employees will not be subjec~ .to aeparation except for just cause or such reasons as cur- tailment of. work, lack of funds or other legitimate reasons. -15- • I • • • • • I §138 : 3 Career Service Board • The Council shall create a Career Service Board (here i nafter the "~ard"), which shall consist of five (5) me mbers, a ll of whom reaide within the City and possess t he integr i ty and i mpa r- tialit)' to protect the public interest, a s well a s t h e in t erest of the City and its full-time permanent classified employee s. Members of the Board shall be appointed, elected and selected, as followa: a. Two (2)_members of the Board· shall be appointed by the City Council for terms of four (4) years. b. Two (2) members of the Board shall be elected by dir~ct secret ballot by all full-time permanent classified employees of the City for terms of four (4) years. c. One (1) member of the Board shall be selected by the four (4) members previously appointed by the Council and/or elected by the full-time permanent classified employees. Said member shall be selected by a majority vote of the ~aid four (4) members and shall serve for a term of four (4) years from the date of selection. This fifth member shall be the designated Chairperson of the Board. With the selection of the fifth mem- ber, the Board shall be duly constituted and each member shall serve durinK his or her respective terms of office or until his or her resicnation, removal or recall as hereinafter provided. d. 'Whenever possible, the terms o ·f the office of the members shall be ataccered. -16- • I • • • • - (e) Members of the Board shall hold no other appointi ve or elective municipal office during their tenur s Boa r d members. (f) No employee of the City sh all b e an ex-otfic1o memiJt:'r of the Board. (g) No employee or member o f em ployee 's immediat family shall be a memb e r of the Board. Council ahall enact appropriate Ordinances p roviding for the foregoing and further providing for t he removal of any Board memb er for continued neglect of duties or ma'lfeasance in office and shall further provide the necessary procedures for nomination, election, and recall of those Board members elected by the full- time permanent classified employees. The provisions of any such ordinance ahall be administered by the C~ty Election Commission as established in this Charter. Sl38:4 Dutiea and Powers of the Career Service Board The Board shall have the following duties and powers: (-a) To hear merit appeals of any full-time permanent classified employee concerning the proper application of the Administrative Proc.edures adopted pursuant to §138:2 of the Charter governing Merit principles with respect to: (i) Selction and advancement on the basis of the employee's relative ability, knowledge and skills; and (ii) The establishment and maintenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibil ity to hear or determine if a person were denied appointment or if a full-ti .. permanent classified employee .were denied promotion for ( reasons of alleged discrimination based upon race, religion, age, sex, handicap or national origin. -17- • • I • • • • • • (b) To grant exclu siv e recognition to a n employee organ~ a tion to represent full-time cla ssifi ed emplo yees of an appro- priate bargaining unit for purposes o f c ollective bargaining. (c) Purauant to Section 137:6 of this Article , to conduc t h earings and issue find i ngs of f act and r e comme n dations f or resolution of mandatory subjects of bargaining upon whi c h the parties are at impasse. (d) To act as the final authority with respect to approvi n g appropriate employee bargaining units·. (e) . To supervise elections for selection or retention o f certified employee organizations and to certify the results of such elections. (f) To hear and decide contested matters involv ing .Petition s for selection or retention of a certified employee organization and petiti9ns for clarification or amendment of an existing appropriate bargaining unit. (g) To hear and determine whether any proposal or demand is a mandatory subject for bargaining within the me aning of . §137.5(a) of this Charter. (h) To hear disciplinary appeals for any full-time perma - nent classified employee with respect only to whether that employ- ee's suapension, demotion, or discharge was for cause which relates to the performance. of duties, personal conduct, or any other factor detrimental to the City and/or any other just and reasonable cause. -18- I • • • • • - (i ) To hear and determine grievance appeal£; for any f u ll- time classified employee whose position falls \~i t hin an appr o- priate bargaining unit for any matter no t directly related to classification and/or testing, or suspen s ion, demotion or discharge, and which is An alleged violation o f the applicable collective bargaining agreement. (j) To appoint <1 hearing officer (with demonstrable ability in labor and employee relations) to make findings and recommendations to the Board for its final approval with respect to the following: disciplinary appeals, grievance appeals, and any hearing or pre~election conference as ·~ay be directed by Ordinance with respect to petitions for selection or retention of a certified employee organization or a petition for clarifica- tion or amendment of an existing appropriate bargaining unit. (k) To take such actions as the Board deems necessary to effectuate the policies of this Charter amendment and any Ordi- nances adopted pursuant hereto. (1) The Board is authorized, following notice and hearing, to adopt reasonable rules and procedures not inconsistent with the provisions of this or any other Charter or Ordinance provi- sions which are necessary in the performance of its duties. Council shall enact appropriate. Ordinances governing the standards and procedures with respect to any of the foregoing duties and powers of the Board. Council may also enact appro- priate ordinances to provide special assistance to the Board as may be necessary or desirable. -19- • I • • ( • • ,. • Section l31a5 BFPBCTIVE DATE -:-VES TE D RIGH'l'S (a) The proviaions of this Charter amendment shall become effective.vithin twenty (20) days after their approval b y the qualified electors of the City and the filing ·of . certified copies ~f aaid amendments with the Secretary of State of the S tate of Colorado,and with the Director of Finance, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado. (b) The pxoviaions of this amendment shall not be construed to destroy any property right, contract right, or right of action of any nature or· kind, civil or crimdnal, vested in or against the municipality under and by virtue of any provision of law heretofore existing or otherwise accruing to the municipality; but all such rights shall vest in and inure to the municipality or to any person or persons asserting any such claims against the municipality as fully and as completely as though the within Charter amendaent had not been adopted. Such adoption shall never be construed to affect any such right existing between ·the municipality and any other person or persons. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: • FOR AMENDMENT NO. 1 AGAINST Shall the Home Rule Charter of the City of Englewood, Colorado, Article XV, be repealed and readopted to provide the following amendment: -20- • I • • • • .. .. ENGLEWOOD LAB OR RELA T IONS AND CAREE R SERV ICE SYSTEM -1961 AMENDMENT -To Article XV o f the Charter of the City of Englewood concerning the Caree r Service System and collective bargaining rights for c ertai n City emplo y e es; prohibiting City employees and emp l oyee org anizat i ons from engaging in any strike; provi di n g a Caree r Se r vice Board to administer and/or hear and d e t ermine certa in Career Service System and Labor Rel ation s matte r s a n d disputes; providing certain Career Service Sy s t e m and Labor Relations definitions; provid i ng the ri g ht of certain City employees to bargain collective ly throug h certified employee organizations o f their own choosin g concerning wages, hours, vacations, holidays, and certain other terms and conditions of employment and excludin g certain subjects from collective bargaining; pro viding a method for resolving impasses in such bargaining, including submission for fact finding to the Career Service Board and submission to the qualified electors of the City for vote on certain unresolved issues; providing certain factors and procedures for determin- ing appropriate units for the purpose of collective bargaining; providing a Career Service System applic a ble to certain City employees and embodying certain merit principles. Section 3. A special election is called to consider the fore- going amendment to the Charter of the City of Englewood, along with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one special election is called to consider multiple questions. Section 4. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time re- quired by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certi f ied as required by law. Introduced, read in full and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981. -21- • I • • • r • • • .. • Read by title and passed on final reading on the day of ____ , 1981. Published by title as Ordinance No . ______ , Serie s of 1981, on the day of , 1981. Mayor Attest: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R. Higbee -22- • I • • ( • I . ORDINANCE NO. SERIES OF 198_1 __ • • - BY AUTHORITY lA COUNCIL BILL NO. 18 INTRODUCED BY COUNCI L MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF TH E CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS REPEAL ED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at a special election to be held on March 24, 1981 proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval o f the qualified electors of the City of Englewood, and the certification thereof t o the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210 o f Colorado Revise d Statute• 1973, as amended, Article XV, Englewood Employee Relation s and Career Service System Act -1972, o f the Home Rule Charter of the City of Englewood is hereby repealed and adopted in place thereof is the following: • I • • ( • • • - ARTICLE XV Englewood Labor Relations and Career Service System -19 81 137:1 Statement of Policy -Labor Relations It is the public policy of the people of the City of Englewood to promote harmonious, peaceful and cooperative re- lation•hips between the elected and appointed officials of the City and the members of the classified service and to ~rotect 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 g9vernment of the City of Englewood, and City employees, there is hereby provided, for full time classified employees in an appropriate barga ining 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 here- inafter provided. The establishment of this method of resolv- ing 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 recognition of the desirability of mainta.in.tng a balance in the I labor management relationship, must be denied the right to strike, -2- • I • • • • - §137:2 Definitions As utilized in this Article o f the Chart er, t he .follo wing definitioaa ahall be observed: (a) Appointin& Authority. The Appo inting Au t boz:ity is the City Manager. (b) Permanent. A full-time classified employee who bas successfully completed a probationary period in a classi fied positioa ·after ori&inal appointment or promotion by the appointing authority. A permanent employee is subject to the protection of the Career Service System. (c) Classified ·service. All full-time permanent classif- fied poaitioJB that are included within the Career Service System. (d) -.ployer or City Employer. The Mayor, and members of the City Council, City Manager and his or her designees for pur- poses of collective bargaining. (e) Contractual Employment. Employment relationship n ot a part of the Career Service System for a set period of time for special projects or programs or for other managerial and profes- sional assistance. (f) Confidential Employee. An employee who is privy to decisions or who bas access to information of City management affecting employee relations or whose functional responsibilities or knowledce of the .City affairs makes memberships or participa- tion in tbe affairs of an employee organization incompatible or r inconsistent with their official duties of employment. For pur- poses of thie de!:tnitioo it is cooclusi.vely· p~ that any individ,- -3- • • I • • • ( • • • .. - ual employee in the City Manager•s office or in t e Employee Re la- tions Department or in the City Attorney's office i s a confident i a l employee. (c) Confidential Secretary. One person in t he o ffice of each depart.ent, board or commission and City Council as d es ig- nated ~Y the City Manager. (b) Managerial Employee. The City Manager, department he ads and assistant department beads. (i) Supervisor. An individual having the authority, consis- tent with other provisions of this Article·, in the interest of the employer to hire, fire, transfer, suspend, lay-ott, recall, promote, discharge, assign, reward, discipline or evaluate other employees, or to adjust their grievances, or effectively to rae- commend any of the foregoing if," in connection with the foregoing, the exercise of such authority is not of a merely ro~tine or cler- ical nature, but, rather, requires the use of independent judgment. (j) City Rights. The City shall have, in addition to ~11 powers, duties and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; (i) Determine the overall mission of the City as a unit of government. (1i) To maintain and improve the efficiency and effective- ness of City ·operations. (i1i) To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. -4- • I • • 0 • I • • • (iv) To determine the overall methods, pr oceb~es , means, job classifications or personnel by \"hich City operations are to be conducted. (v) To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off employ ees. (vi) To suspend, discipline, discharge, and demote for cause, all full-time permanent c lassifi e d employees. (vii) To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or non- productive. (viii) To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective ·bargaining acre-•nt. (ix) To take any and all actions to carry out the mission of the City in cases of emergency. (x) Kotbinc contained herein shall preclude the City from conferring with its employees for purpose of de- veloping policies to effectuate or implement any of the above-enumerated rights·. All of the powers, duties and rights as enumerated above shall be within the exclusive right of the City except as limited or modified · by· a collective bargaining agreement. (k) Employee Rights. A full-time classified em- ployee who is not a confidential employee, a managerial employee, (' or a supervisor shall have the right: • (i) To form, join, support or participate ·in, or to -5- ____ _;,._.;.;..... ___ . _____ _..,_. ____ . -···-........ ---.... --.~··~,,..,...., • I • • ( • • • .. • ref ra i n f rom f orming , joining, sup port i ng, or participa~ing i n any employee organ izat i on or its lawful activities; and (i i ) Bargain collectively t hrough heir certified empl oye e representative. (iii) Bo employee shall be interferred with, r e s trained, coerced or discriminated against b ecause of the exercise of these rights nor shall the right o f an ind ividual empl o yee to discuss employment concerns with t~e· City be infringed upon. · (1) ~. The Ca.reer Service Board. (m) Appropriate Employee Ba'rg·a 'ilfi·ng· un·it ·(or Appropriate Bargaining Unit). An employee unit designated by the Board to be appropria.te for t~e purpose of collective bargainipg. In deter- mining the ~ppropriate bargaining unit the Board shall have no authority to include any employee other than a full~time classified employee. Any full-time classified· employee may be considered for inclusion in the appropriate bar- gaininc unit except: (1) Any elected official or person appointed to fill a va.ca.nt elected position, or any Board. or co~ission mem~ ber .or judge, or any person appointed to a position by City Council. (ii) City Manager, assistants to the City Manager and employees of the City Wanager•s office, Department Heads, City Attorney a.nd employees of the City Attorney~s office ·and confidential secretaries. (iii) Managerial and supervisory 'employees. (iv) (v) Confidential employees, Any part-time, temporary or contractual employee, -6- . .. ' . ·-·---:-:=====::::::=:=:..::..:======:::: • I • • ( • • • - (vi) Any employee h i red for spec i al projects or pro - grama or through the use o f outsid e f u n d in sources. (n) Employee Organi z ation . Means a ny lawful organization which bas as one of its primary purpose s rep r esenting full-·t:ime classified employees in their employment r elatio n wi th / the City; provided, however, that said o r ganization has no re- striction on membership based on age, r ace, color, cree d, sex, handicap, or national origin. (o) Certified Employee Organization (or Cer ti f i ed Em p l o yee Representative). An ~ployee organization that has been certi- fied by the Board as representing the employees in an appropri- ate bargaining unit as a result .of obtaining a majority vote in the appropriate unit pursuant to a Board conducted election. No organization shall be eligible to be the certified employee or- ganizatio~ if it admits to membership or is directly affiliated with an organization that admits to membership persons who are supervisors or who act in a supervisory capacity with respect to employees of the City of Englewood as defined in this Article. No organization shall be eligible to be the certified employee organization or certified employee representative with respect to poli~e officers of the City if such organization admits to membership employees of any employer, public or private, other than police officers, except that such employee organization may affiliate itself with other org.anizations who admit such ot:her employees to membership, so long as the certified employee organ- ization· remains locally autonomous.· ( p) bel u81 've Re·c ·ogn·it·i ·on cit" ·a.n· "EIIipToyee· Organ"i"za t ion , The certification ot an employee organization by the Career Service Board that tbe organization shall represent all em- ployees in an appropriate unit as determined by the Board for the purpose of collective bargaining. -7- • -· I • • • • • • (q) Strike . Conc erted a ctivity resul t ing in f a ilure to re- por t to duty, o r t h e absence fro m one's pos i tion, or the stoppage o f work. (r) Cl-assified EIIIPloyee. A certified .em p l o yee a ppointed t o an allocated position within the classi fi ed system. The Council aay adopt additional appropriate definitions to effectuate th~ policies of this Article o f the Charter. --·-·~----- §137:3 Barcining Rights Only full-time classified employees in.•an .. appro- priat~.barcaininc unit have the right to bargain collectively with the City through their certified employee representative towar~ aecurinc a collective bargaining agreement. Only an employee organization that bas been certified by tbe Board shall be entitled to engage in collective bargaining with the City. In certifying an employee orgainization as r eprese nting the employees in an appropriate bargaining unit , tbe Board or its designated bearing officer shall consider ( in addition to any other requirement as set forth herein) tbe following factor s: (a) The unit that will insure employees the fullest freedom and the exercise of rights granted under this Article. -8- • I • • 0 • • • • ,. • (b) The community of interest o f t h e empl oyees. (c) The history of the employee relation s i n t ll e unlt , among other employees of the City, and in s~ila r public e mploy- ment. (d) The effect of the unit on ·the efficient operation o f the public service and sound employee relations. (e) The effect on the existing .clas~ification structure of dividing a eiDgle classification amo~g two or more units. ---·------- §137: 4 Terme of the Collective BarJain·ing Agreement The obligation to meet at reasonable times and negotiate in good f~ith ehall commence on or prior to May 15 of any applica- ble year in which the Bargaining Agreemept expires or oin which collect1ve bargaining is otherwise proper. The Collective Bar- gaining Agreement between the City and the certifieq bargaining represent-ative shall consis~ of any and all · terms actually agreed upon by the parties, which terms are not otherwise inconsistent with the Ordinances or Charter .of the City. The Collective Bar- gaining Agreement shall be for a term of not less than one (1) year nor more than three (3) years, provided that all Collective Bargaiping Agreements entered into shall be effective on a January 1 date &Ddshall terminate on a December 31 date. -9- • I • • • • • • §137:5 Subjects for Collective Bargaining (a) Mandatory Subjects. The City and tl1e certified employee represeptative sha11 have the mutual obligation to negotiate and bargain 1n good faith over the following mandator~ su~jects: Wages, hours, vacation, insurance (contr1but1on levels and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funeral . . leave, dues deduction, grievance resolution procedure(including costa and expenses associated therewith), non-State or Federally regulated or aandated pension or retirement provisions (contribution levels only), over-time pay foraulaa, work uniform provisions, acting pay, longevity, transfer procedure, procedures for suspension, demotion, and discharge, and education incentives. That the aaintenance of benefits shall also be considered a aandatory subject under this section for the period covering up to and including December 31, 1984, after which it will become a oermissive subiect. (b) •on-Megotiable Subjects. The tollowing subjects shall be excluded ~roa collective bargaining as non-negotiable sub~ects of bar9aiDinga Any subjec~ pre-empted by State or ~~derAl law or by City Charter, State or Federally regul~ted or manda~ed pension provisions, .a&ainistxation ot insurance ~rogrAma, selection of iDaurance carrier including self-insurance; matters dele- gated by Charter to any Board .or Commission of the City; all .. tters relating to cla,ssificat.iim, recruitment; hiring, exaaination and certification of appoi.ntme.nt to a, position an~'Career Servi~e Board Appeals based thereupon~ promo~ions out of the bargaining unit, (c) Permissive Subjects. Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. -10- • ., I • • r ( 0 • ( • • • ,. • Sl37:6 x.paase Resolution In the event the parties are unab le to re a ch agreemen t on all mandatory subjects to be contained in the Collective Bargain- ing Agre..-nt on or before July 1 of the year in which the parties have met and bargained over these subjects, impasse shall be declared with each party separately submit'ting to the Board an impasse a~taaent which contains that party's final offer regard i n g any mandatory .subject upon which the parties a re at impasse. The Board .. y, at ita diacret.ion, appoint or employ one or more fact- finders to asttiat it. ~y August 10, the Board shall issue writ·ten: findings of fact and recommendations for resolution of the mandat ory subjects in dispute. Said findings and recommendations shall be served upon the Certified Employee organization, the City and the City Council and shall be final and binding upon the parties unl ess , within five (5} working days after receipt of the findings .and recoa.endations, th,e parties are able to reach agreement over ·the terms of the new Collective Bargaininc;r Agreement.. In tl1e event ·the parties are able to·reach said agreement and have so notified the Board within this five (5} working day period, the Board's fi~ding s and 'reco11111endations shall be null and void. All fees and expenses of the fact-finding process, .including the making; but not the . transcription, of •·record and assistance .of counsel to the Board shall be shared equal~y ·by the city and the Certified Employee Organization. -11-I • • • • .. - S l 37:6 Impasse Resol ution If either party is dissatis f ied wi th the Board 's final find- ings and recoanendations, the party or parties 1 dY subr~it a wri t- ten notice of dissatisfaction to City Council within t wenty (20} calendar days of. the date of issuance o f the Board 's fi nd ing and recommendations. Only the provision or prov;isions s ubmitted t 'o th e Board for iapasse resolution, which provision or provisions are the basis for dissatisfaction, may be contained in the notice to City Council. Within thirty (30) calendar days after receipt of this notice of dissatisfaction, City Council shall call a special elec- tion by Ordinance or resolution submitting .the matter to a vote of the qualified electorate of the City. The final offers of the City C: and Certified Employee Organization and the Board's recommendations on the issue(s) contained in a notice· of dissatisfaction shall be submitted as alternative single measures to a vote of the qualified electors of the City. The qualified electors shall elect either ( • the position of the City, the position of the Certified Employee Organization, or the Board's recommendation. The position or recommendation receiving the highest number of votes shall be deemed approved . Said election shall be consistent with the provisions o f Article II, Section 14 of the City Charter. All cost and expenses of any publication or special election shall be borne by ·the City. -12- • I • • 0 ( • • - §137 :7 Strikes Prohibited (a) Tbe protection of the public h ea lth, s afe ty and we l!are demands that neither the certified emplo yee o rganizat ion , nor any employee orcanization, nor any employees of the Cit y, nor an y person actina in concert with them, will cause, s anction, o r take part in any strike. (b) In the event a certified employee representative en- gages in any conduct which falls within the definition o f "strike", herein, eucb violation aball be cause for the City to terminate tbe collective bar~aininc agreement witb said certified employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of said certified employee represen- tative or employee organization, in addition to whatever other remediea aay be ·available to the City at law or in equity. (c) In the event an employee or employees engage in any_ conduct which falls within the definition of "st1·ike", herein, such violation shall constitute just ·Cause for the immediate dis- charge 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 required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in viola- tion of said section. It is expressly recognized that the City has the right to selectively discipline, up to and including dischar1e, any employee or employees whose conduct falls within the definition o! said section without having .to discipline all ( employees whose conduct falls within the definition of said section. -13- • • I • • ( • • • §137:8 City Ord i nan ces Tbe Couacil shall adopt appropriate Ordin ances to effectuat e the policies of tbis Article of the Charter. Sl38:~ Car .. r Service System The appointing Authority shall prepare and submit to City Council for adoption a •career Service System" which shall apply to all full-time classified employees of the City of Englewo?d (herein the •city•), excluding any elected official or person appointed to fill a vacant elected position, any Board or Comm- (: ission Member,. Judge, City Manager, employees of the City Manager's office, Department Heads, City Attorney, employees of the City Attorney's office, confidential secretaries, and persons appointed to a position by Council. Prior to final enactment by City Council of any ordinance adopting such system, or of any ordinance amending the same, such ordinance or amendment shall be submitted to the Board of Career Service Commissioners for recommendations and the Board shall, prior to forwarding to City Council such reco- mendations, after appropriate public notice, hold a public hear- ing thereon. The Board shall have forty-five (45) calendar days from the date of submission to forward such recommendations to ( the City Council. -14- • • I • • ( • • - ---------- Sl38 :2 Merit Principles The Career Service System shall include uppropriate Admini- strative Procedures which embody the following Merit Principles applicable to these employees as set forth in §136 .1 o f the Ch arter~ I. Recruiting, selecting, and advancing applicants and employ ees on the basis of .their relative ability, kno\.rledge and skills , including open consideration of qualified applica~t~ for appc)intaent. Actual employment and promotion to be made from eligibility lists based on open, competitive examinations. II. The eat.J)liahment and maintenance of a classification p.lan baaed on job analysis and utilized for administrative. decisi on aaking on compensation, selection, employee developr11ent, career adv~cement, upward mobility and other personnel prog ram {. ac~ivitiea. ( • III. 'l'he eatcliahment and maintenance of an employee train.ing program designed to improve performance. IV. The establishment and maintenance.of a job related employee perfo:anance appraisal system, designed t:o asser.s the adequacy of individual employee performance in .relation to performance requirements 1 for employees t<:' recognize t :heir O\>'.TI ·per.formance improvement needs 1 and as a bo.sis for personn<~l action including promotion, r~organizing al)d rewarding superior per- formance and corre.cting inadequate p~rformance or separating employee a in cues ,of continued inadequate performance. v. Perm&nent full .time classi~ied employees will not be subjec~ .to separation except for just cause or such reasons as cur- tai~nt of work, lack of funds or other legitimate reasons. -15- • I • • ( • • • - §138 :3 Career Service Board The Council shall create a Career Se1·vice Board (hereinafter the "~ard"), which shall consist of fiv e (5) members, all of whom reaide within the City and possess the integ rity and impar- tia lit~ to protect the public interest, as well as the interest of tbe City and ita full-time permanent classified employees. Wembera of the Board shall be appointed, elected and selected , as followa: a. Two (2) member• of the Board· shall be appointed by the Ci t .y Council for terms of four ( 4) years. b. Two (2) members of the Board shall be elected by dir~ct secret ballot by all full-time permanent classified employees of the City for terms of four (4) years. c. Oae (1) •ember of the Board shall be selected by the four (4) •a.bers previously appointed by the Council and/or elected by the full-time permanent classified employees. Said member shall be selected by a majority vote of the said four (4) members and shall serve for a term of four (4) years from the date of selection. This fifth member shall be the designated Chairperson of the Board. With the selection of the fifth mem- ber, the Board shall be duly constituted and each member shall serve durin~ bis or her respective terms of office or until his or her resicnation, removal or recall as hereinafter provided. d. Whenever possible, the terms o ·f the office of tbe members shall be ataaaered. . -16- • I • • • • • - (e) Members of the Board shall hold no other appointive or elective municipal office during their tenure as Board members. tf) No employee of the City shall be a member of or an ex officio member of the Board. Council ahall enact appropriate Ordinances providing for the foregoing and further providing for the removal of any Board member for continued neglect of duties or malfeasance in office and shall further provide the necessary procedures for nomination, election, and recall of those Board members elected by the full- time peraanent classified employees. The provisions of any such ordinance shall be administered by the c1ty Election Commission as established in this Charter. 5138:4 Duties and Powers of the Career Service Board The Board shall have the following duties and powers: (a) To hear merit appeals of any full-time permanent classified employee concerning the proper application' of the Adm1niatrative Proc.edures adopted pursuant to 5138:2 of the Charter governing Merit principles with respect to: . . (i) Selction and advancement on the basis of the employee's relative ability, knowledge and skills; and (11) The establishment and mai.ntenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibility to hear or determine if a person were denied appointment or if a full-ti .. permanent classified employee .were denied promotion for reasons of alleged discrimination based upon race, religion, age, sex, handicap or national origin. -17- • • I • • • • r • • • . . • (b) To grant exclusive recognition to a n employee organi- ation to represent full-time classified employee s o f an app r o - priate bar9aining unit for purposes of collectiv e bargain i ng. (c) Pursuant to Section 137:6 of this Article, to conduc t hearings and issue findings of fact and recommendations for resolution of mandatory subjects of bargaining upon which the parties are at impasse. (d) To act as the final authority with respect to approving appropriate -ployee bargaining units. (e) . To supervise elections for selection or retention of certified employee organizations and to certify the results of such elections. (f) To hear and decide contested matters involving _petitions 8 for selection or retention of a certified employee organization and petiti9ns for clarification or amendment of an existing appropriate bargaining unit. (g) To hear and determine whether any proposal or demand is a mandatory subject for bargaining within the meaning of Sl37.5(a) of this Charter. (h) To hear disciplinary appeals for any full-time perma- nent classified employee with respect only to whether that employ- ee's suspension, demotion, or discharge was for cause which relates to the performance_ of duties, personal conduct, or any other factor det~imental to the City and/or any other just and reasonable cause. -18- • I • • • • • (i) To hear and determine grievance appeals for any full- time classified employee whose position fa l l s wiLhin an appro - priate bargaining unit for any matter not di~ectly related to classification and/or testing, or suspension, demo tion or discharge, and which is an alleged violation of the applicable collective bargaining agreement. (j) To appoint a hearing officer (with demonstrable ability in labor and employee relations) to make findings and recommeDdationa to the Board for ita final approval with respect to the following:_ disciplinary appeals, , and any hearing or pre~elect~on conference as.may be directed by Ordinance with respect to petitions for selection or retention of a certified employee organization or a petition for clarifica- tion or amendment of an existing appropriate bargaining unit. (k) To take auch actions as the Board deems necessary to effectuate the policies of this Charter amendment and any Ordi- nances adopted pursuant hereto. (1) The Board is authorized, following notice and hearing, to adopt reasonable rules and procedures not . inconsistent with the provisions of this or any other Charter or Ordinance provi- sions which are necessary in the performance of its duties. Council shall enact appropriate. Ordinances governing the standards and procedures with respect to any of the foregoing duties &Dd powers of the Board. Council may also enact appro- priate ordinances to provide special assistance to the Board as may be necessary or desirable. -19- • • I • • • • .. - Section llla5 BFPBCTIVE DATE :-VES TED RIGH 'l'S (a) The proviaiona of this Charter amendment s h all become e!!ectiv..within twenty (20) days after their approva l by the qualified elector• o~ the City .and the filing of certified copies ~f .. 14 ..andaenta with the Secretary of Stat of the S tate of Colorado,aa4 with the Director of Finance, ex-o fficio City Clerk-Treaauz.r o~ the City of Englewood, Colorado . (b) ~ pzoyiaiona of this amendment shall not b construed to deatr07 ~ p~rty right, contract right, or right of action of any nature or kind, civil or criminal, vested in or gainst the municipal.ity wwter and by virtue of any provis ion o f law heretofore exiati.n9 or otherwise accruing to the municipality; but all aucb rivhta aball vest in and inure to the municipality or to any peraon or persons asserting any such claims against the municipality as fully and as completely as though the within Charter a.en~nt had not been adopted. Such adoption shall never be construed to affect any such right existing between the municipality and any other person or persons. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: • FOR AMENDMENT NO. 1 AGAINST Shall the Home Rule Charter of the City of Englewood, Colorado, Article XV, be repealed and readopted to provide the following amendment: -20- • • I • • • • • • ENGLEWOOD LABOR RELATIONS Al-m CAREER SERVICE SYSTEM -1981 AMENDMENT -To Article XV of the Charter of the City of Englewood concerning the Career Service Syst~n and collective bargaining rights for certain City emplo yees; prohibiting City employees and emp loyee organizations from engaging in any strike; providing a Career Service Board to administer and/or hear and determin e certain Career Service System and Labor Rel ations matters and disputes: providing certain Career Service System and Labor Relations definitions; providing the right of certain City employees to bargain collectively through certified employee organizations o f their own choosin g concerning wages, hours, vacations, holiday s, and certain other terms and conditions of employment and excluding certain subjects from collective bargaining; providing a aethod for resolving impasses in such bargaining, including submission for fact finding to the Career Service Board and submission to the qualified electors of the City for vote on certain unresolved issues; providing certain factors and procedures for determin- ing appropriate units for the purpose of collective bargaining: providing a Career Service System applicable to certain City employees and embodying certain merit principles. Section 3. A special election is called to consider the fore- go1ng amendment to the Charter of the City of Englewood, along with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one special election is called to consider multiple questions. Section 4. The proper .officials of the City of Englewood shall give not1ce of said general municipal election, which notice shall be published in the manner and for the length of time re- quired by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981. Read in full and passed as amended on the 26th day of January, 1981 as a Bill for an Ordinance. -21- • ,I I I • • • • • • ,. Published in full as amended as a Bi l l for an Ordinance on the 28th day of January, 1981. Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of January, 1981, published in full as a Bill for an Ordinance on the 7th day of January, 1981, read in full as amended as a Bill for an Ordinance on the 26th day of January, 1981, published in full as amended as a Bill for an Ordinance on the 28th day of January, 1981. Gary R. Higbee -22- I • • • ORDIHAHCE NO. SERIES OF 198y---- • • - BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE , CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS REPEALED • AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at a special election to be held on March 24, 1981 proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210 of Colorado Revised Statutes 1973, as amended, Article XV, Englewood Employee Relations and Career Service System Act -1972, of the Home Rule Charter of the City of Englewood is hereby repealed and adopted in place thereof is the following: • I • • • • • - ARTICLE XV Bnclewood Labor Relatione and career Service System -·1981 137:1 Stat ... nt of Policy -Labor Relations It 1• the public policy of the people of the City of Englewood to promote harmonious, peaceful and cooperative re- lationehipe bet ... n tbe elected and appointed officials of the City and the aembera of the classified service and to .~rotect the public by assurinc, at all times, responsible, orderly, and uninterrupted operation of covernment services and where necessary, to provide for and reculate such matters of local concera. Since unresolved disputes in the public service are injurioue to the public, and to the g~vernment of tbe City of Englewood, 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 aa employer through a ·certified employee organization and ·a method tor resolving impasses _in such bargaining, as bere~ inafter provided. The establishment of this method of resolv- ing such.impassee 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 recognition of the desirability of ·maintaintng a balance in the I labor manacement relationship, must be denied the right to strike, -2- • • I • • • • • • 8 1 37 :2 Def1D1t10D8 As utilized in this Article of the Charter, the following definitiODa ab&ll be observed: (a) Appo1Dt1D1 Authority. 'l'be Appointing Autho:t:ity is the City lllanacer. (b) Pe~ent. A full-time classified employee wbo baa successfully complet~d a probationary period in a classified poeitiaa ·atter ori•inal appoint•ent or promotion by the appointing authorit~. A per.anent employee is subject to the protection of the Career Ser.ice System. (o) Classified ·service. All full-time permanent clasaif- fied poeitio~that are included within the Career Service System. (d) B!floyer or City Employer. The Mayor, and members of the City Council, City Manager and hie or her designees for pur- poses of collective bargaining. (e) Contractual Employment. Employment relationship not a part of the Career Service System for a set period of time for special projects or programs or for other managerial and profes- sional assistance. (f) Confidential Employee. An employee who is privy to decisions or who has access to information of City management affecting employee relations or whose functional responsibilities or knowledge of the .City affairs makes memberships or participa- tion in the affairs of an employee organization incompatible or inconsistent with their official duties of employment. For pur- poses of tb1a definition it is coaclusi.vely· prec;uned that any i.Ddivid,- -3- • I • • • • • • • ,. • ual a.plo~ee in tbe City Manacer•s office or in the Employee Rela- tione Depart.eat or in tbe City Attorney•a office is a confidential employee. {g) Coati-atial Secretary ; ODe peraon in tbe office of eacb dep~nt, board or commission and City Council &a deats- nated ~, tbe Cit~ Manacer. (b) M&Dyerial Blllploree. Tbe City Manager, department heads and aaaiatant depart .. nt beads. (i) Supervisor. An individual having tbe authority, conais- tent witb other proviaiona of tbia Article, in tbe interest of tbe a.plo~er to bire, fire, tranafer, suspend, lay-off, recall, promote, diacbarge, aaatsn, reward, discipline or evaluate otber employee&, or to adjust their grievances, or effectively to rae-. . commend any of tbe foregoing if, in connection with the ~oregoing, the axerciee of auch authority is not of a merely routine or cler- ical nature, but, rather, requires the use of independent judgment. (j) Citt Ricbts. The City shall have, in addition to ~11 powera, duties and righta established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; (1) Determine the overall mission of the City as a unit of government . (ii) To maintain and improve the efficiency and effective- ness of City ·operations. (iii) To determine the service~ to be rendered, the operations to be perfo~ed, the technology to be utilized, or the aattera to be budgeted. -4- • --------------------~ I • • ~ .. Jn ( • • • - (iv) To detenaine the overall methods, processes, .. &De, job claaeificationa or pereonnel by which City operation• are to be conducted. (Y) TO direct, .uperviae, hire, promote, transfer, ~liD, eehedule, retalD or lay-off employees. (vi) To euapend, diecipline, diecbarge, and demote for cause, all full-time permanent cla~sified employees. (vii) To relieve .. ployeea from duties because of lack of work or funds, or under conditions where tbe City dete~1Dee continued work would be inefficient or non- productiYe. (viii) To take whatever other actions may be necessary to carry out the wiabes of the public not otherwise epecified herein or limited by a collective · bargaining acre .. nt. (b) To take any and all actions to carry out the •1ee1on of the City in cases of emergency. (x) ~othing contained herein shall preclude tbe City from conferring with its employees .for _purpose of de- veloping policies to effectuate or implement any of the above-enumerated rights·. All of the powers, duties and rights as enumerated above shall be within the exclusive right of the City except as limited or modified· by· a collective bargaining agreement. (k) Employee Rights. A fullpttme classified em- ployee wbo is not a confidential employee, a managerial employee, or a supervisor shall have tbe right: (i) To form, join, support or participate ·in, or to -s- .. --··'---· __ ..;_ ______ __;,_..;.;.. ______________ , __ I • I • • • • ( • • .. • refrain from forminc, joioinc, support~ng, or participating io &DJ employee oraanization or its lawful activities; and (1i) Barcain collectively through t heir certified employee repreeentative. - (111) Bo eaployee eball be interferred with, restrained, co-reed or discr~inated aaainst because of tbe exercise of tbeae riabts nor shall tbe right of an individual employee to diacuae eilployaent concerns with tbe· City be infringed upon. · (1) ~. Tbe Career Service Board. (111) Appropriate Blllployee Barc·a'lifi·n·s · Un'it· ·cor Appropriate Bar1~1Ain1 Unit). An employee unit designated by tbe Board to be appropriate for t~e .purpose of collective bargaining. In deter- mininc the ~ppropriate bargaining unit the Board shall have no authority to include any employee other than a full~time . . claeeifi~ Ulployee. Any full-time classi~ied - employee aay be considered for 1nclus1o~ in the appropriate bar- ·aaioinc ~it except: (i) Any elected official or person appointed to fill a vacant elected position, or any Board. or c~ission mem~ ber .or judse, or any person appointed to a position by City Council • . (ii) City Manager, assistants to the City Manager and emplo7ees of tbe City Manager•s office_. Department Heads, Cit7 Attorney and employees of ~he City Attorney\& office ·and confidential secretaries. (111) Managerial and supervisory employees. (iv) Confidential employees, (v) Any part-time, temporary or contractual employee, -6- ~~.~~-~···~·~·~·~·-~·~;;;;;:::::;:;;;;~::~:::-::-::-::-::::::~-=-=::-:~~------------------- • I • • • • • • (vi) Any employee hired for special projects or pro~ crame or tbroucb the use of outside funding sources. (n) .. plozee Orcanization. Means any lawful organization which baa aa one of ita pr~ry purposes representing full-time classified -.,loy .. • in their employment relation with . . . / the City; provided, however, that ~aid orcanization bas no re- striction on membership based on ace, race, color, creed, sex, handicap, or national oricin. (o) Certified Employee Orqanization (or Certified Employee Representative). An ~ployee organization that has been certi- fied by the Board as representing the employees in an appropri- ate bargaining unit as a result of obtaining a majority vote in the appropriate unit pursuant to a Board conducted election. No organisation shall be eligible to be the certified employee or- ganizati~ if it admits to membership or is directly affiliated with en orvenization that admits to membership pe.rsons who are supervisors or who act in a supervisory capacity with respecu to employees of the City of Englewood as defined in this Article. No organization shall be eligible to be the certified employee organization or certified employee representative with respect to poli~e officers of the City if such organization admits to membership employees of any employer, public or private, other than police officers, except that such employee organization may affiliate itself with other org.anizations who admit such other employees to membership, so long as the certified employee org~ ization· remains locally autonomous.· (p) :lxclua'ive· Rt,.coJn·i ·t ·t ·on ·o ·f: '&11 'Emp'l'otee· Organ·i:zation, The certification of an employee organization by the Career Service Board that tbe organization shall represent all em~ ployees in an appropriate unit as determined by the Board for the purpose of collective bargaining. -7- • I • • ,., ( • • • .. • (q) Strike. Concerted activity resulting in failure to re- port to duty, or the absence from one's position, or the stoppage of work. (r) Cl .. sified BmploYee. A certified ._employee appointed to an allocated poaition within the classified system. The council aay adopt additional appropriate de~initiona to effectuate th~ policiea of thia Article of the Charter. -------·--·--· ------· ---···-·-·--· §137:3 B&rJininl Rights Only full-tiale classified employees .in-•an .• appro- priate barcaininc unit have the right to barcain collectively .. witb tba Cit~ through their certified employee representative towar~ aacurinc a collective barcaining agreement. Only an emplo~ee orcaaization that bas been certified by the Board shall be entitled to encase in ·collective bargaining with the City. ~n certifying an employee orgainization as representing the employaea in an appropriate bargaining unit, the Board or . its deaicnated bearing officer shall consider ( in addition to any other requirement as· set forth herein) the following factors: (a) The unit that will insure employees the fullest freedom and the exercise of rights granted under this Article. -8- • • I • • n • • • • • .. • (b) The ca..unity of interest of the employees, (c) The history of the employee relations in the unit, amona other .-ploy-a of the City, aad in aiailar public -ploy- ment. (d) Tbe effect of the unit on ·the efficient operation of the public service and sound .. ployee rel~tiona. (e) The effect on the exiat1nc .clas~1fication structure of dividina a aiDcle claaa1f1cation amo~c two or more units. ---------8137:• Te:naa of the Collective Barsa·tn·ins yreement The obliaation to meet at reaeonable times and necotiate in cood f~ith shall co.mence on or prior to Kay 15 of any applica- ble year ill which tbe BaraaiDiDc Aaree.ept expires or "in wbicb collect1Ye baraainina ia otherwiae proper . The Collective Bar- cainina Aara.Dent between the City and the certifie4 barcaininc repreaeat"at1" shall conais~ of any and all · terms actually acreed upon by tbe parties~ which terms are not otherwise inconsistent with the Ordinances or Charter ~f the City, The Collective Bar- gaining Agreement shall be for a te~ of not less than one (1) year nor more than three (3) years, provided that all Collective Bargaipinc Acreements entered into shall be effective. on a January 1 date aDd shall terminate on a December 31 date. -9- • I • • D • • • - Sl37:5 Subjecta for Collective Ba~gainin g (a) Mandatory Subjects. The City and the certified employee represeptative shall have the mutual obligation to negotiate and bargain in good faith over the following mandato~ subjects: Wages, hours, vacation, insurance (contr~bution levels and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funeral . . leave, dues deduction, grievance resolution procedure(including coeta aad expenaea aaaociated therewith), non-State or Federally regulated or aandated penaion or retire .. nt provisions (contribution levels only), over-time pay for.ulaa, work uniform provisions, acting pay, longevity, transfer procedure, procedures for suspension, demotion, and discharge, and education incentives. That the maintenance of benefits shall also be considered a mandatory subject under this section for the period covering up to and including December 31, 1984, after which it will become a oermissive subiect. (b) •on-Negotiable Subjects. The (allowing subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining& Any aubjec~ pre-.-pted by State or ,ederal law or by City Charter, State or Federally regulated or mandated pension provisions, .administration ot insurance pro9rama, selection of insurance carrier including salt-insurance, matters dele- gated by Charter to any Board or Commission of the City; all matters relating to classification, recruitment, hiring, examination and certification of appoi_ntme.nt to a position and···career Service Board Appeals based thereupon; promo_tiona out of the bargaining unit, (c) Permissive Subjects. Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. -10- • I • • • • • §137:6 1!2•••• Resolution In the event the parties are unable to .reach agreement on all aandatory aubjecta to be contained in the Collective Bargain- ing Agre..-nt on or before July 1 of the year in which the parties have met and bargained over these subjects, impasse shall be declared with each party aeparately submit·ting to the Board an impasse a~atement which contains that party's final o£fer regarding any mandatory .subject upon which the parties are at impasse. Tho Board aay, at ita discret,ion, appoint or employ one or more fact- finder• to aa~iat it. ~Y August 10, the Board shall issue written finding• of fact and recommendations for resolution of the mandatory subjecta. in dispute. Said findings and recommendations shall be served upon the Certified Employee organization, the City and the City Council and shall be . final and binding upon the parties unless, within five (5) working days after receipt of the findinga ~nd recomaend&tions, ~e parties are able to reach agreement over tl1e terms of the new Collective Bargainin~ Agreement.. In tlle event ·the parties are able to ·reach said agreement and have so notified .the Board within this five {S} working day period, the Board's fiqdings and recol1'11lendations shall be null and void. All fees and expenses of the fact-finding process, .including the making; but not the . transcription, of a .record and assistance .of counsel to the Board shall be shared equal~y ·by the City and the Certi£ied Employee Organization. -11- .:----------------~~=....;.·.=-;;:-:;-;.;;,: .. -------··-------·---;-• I • • 0 • • • - S l 37 :6 Impasse Resolution If either party is dissatisfied with the Board's final find- ings and recommendations, the party or parties may sub~it a writ- ten notice of dissatisfaction to City Council within twenty (20) calendar days of the date of issuance of ·the Board's finding and recommendations. Only the provision or prov~sions submitted to the Board for iapasse resolution, which provision or provisions are the basis for dissatisfaction, may be contained in the notice to City Council. Within thirty (30) calendar days after receipt of this notice of dissatisfaction, City Council shall call a special elec- tion by Ordinance or resolution submitting the matter to a vote of the qualified electorate of the City. The final offers ·of the City and Certified Employee Organization and the Board's recommendations on the issue(s) contained in a notice· of dissatisfaction shall be submitted as alternative single measures to a vote of the qualified electors of the City. The qualified electors shall elect either the position of the City, the position of_ the Certified Employee Organization, or the Board's recommendation. The position or recommendation receiving the highest number of votes shall be deemed approved. Said election shall be consistent with the provisions of Article II, Section 14 of the City Charter. All cost and expenses of any publication or special election shall be borne by -the City. -12- • I • • 0 • • • - §13 7 :7 Strikes Prohibited (a) Tbe protection of tb e public h ealth, safety a n d we l f a re dema nds that neither the c e rt if ied employe e organ izat ion , n o r any employee or•aoization, nor any employees of the City,. nor any person acti~ in concert with them, will cause, s anction, or take part in any strike. (b) In the event a certified employee :representative en- gages in any conduct which falls within the definition o! "strike", herein, aucb violation ahall be cause for the City to terminate the collective bar~aining agreement with said certified employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of said certified employee represen- tative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity. (c) In the event an employee or employees engage in any. conduct which falls within the definition of "st1·ike", herein, such viola~ion shall constitute just -cause for the immediate dis- charge 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 required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in viola- tion of said section. It is expressly recognized that .tbe City has the right to selectively discipline, up to and including discharge, any employee or employees whose conduct falls within the definition of said section without baving _to discipline all employees whose conduct falls within the definition of said section. -13- • I • • 0 • • • - §1 37:8 City Ordinanc es Tbe Couacil shall adopt appropriate Ordinances to effectuate the policies of tbie Article of the Cb&~ter. 5138:1 car .. r Service System Tbe appointing Authority shall prepare and submit to City Council for adoption a •eareer Service System• which shall apply to all full-time classified employees of the City of Englewopd (herein the •city•), excluding any elected official or parson appointed to fill a vacant elected position, any Board or Comm- ission -..bar,. Judge, City Manager, employees of the City Manager's office, Department Heads, City Attorney, employees of the City Attorney's office, confidential secretaries, and persons appointed to a position by Council. Prior to final enactment by City Council of any ordinance adopting such system, or of any ordinance amending the same, such ordinance or amendment shall be submitted to the Board of Career Service Commissioners for recommendations and the Board shall, prior to forwarding to City Council such reco- mendations, after appropriate public notice, hold a public hear- ing thereon. The Board shall have forty-five (45) calendar days from the date of submission to forward such recommendations to the City council. -14- ... • I • • - • • • - -··-------~--- S l38•2 Merit Principles The Career Service System shall include appropriat e Admini- strative Procedures which embody the following Merit Principles applicable to these employees as set forth in 5138.1 of the Charter: I. Recruiting, selecting, and advancing applicants and employees on the basis of .their relative ability, Jmo\dedge and skills, including open consideration of qualified applica~t~ for appOintment. Actual employment and promoti?n to be ~ade from eligibility lists based on open, competitive examinations. II. The eatabliahment and ~intenance of a classification plan baaed on job analysis and utilized for administrative· decision aaldng on c0111pensation, selection, employee developx11ent, career adv~cement, upward mobility and other personnel 'program ac~ivities. III. 'l'he eatabliahment and maintenance of an employee train.ing· program designed to improve performance. rv. The establishment and maintenance.of a job r.elat.ed employee performance appraisal system, designed to asser.s the adequacy of individual employee performance in relation to performance requirements, for employees t~ recognize t:heir oto~n 'performance improvement needs, an<l as a basis for personnel action · including pro~otion, r~organizing al)d rewa~ding superior per- formance &rld correcting inadequate p~rformance or separating employee• in cases,of continued inadequate performance. v. Permanent full .time classi~ied employees will not be subjec~ . to aeparation except ·for just cause or such reasons as cur- tailment of. work, lack of funds or other legitimate reasons. -15- • I • • • • • - §138:3 Career Service Board The Council shall create a Career Service Board (hereinafter the "~arcS"), which shall consist of five (5) members, all of whom rea1de, within the City and possess the integrity and impar- tialitp to protect the public interest, as well as the interest of the City and ita full-time permanent classified employees. Member• of tbe Board shall be appointed, elected and selected, as followa: a. Two (2).membera of the Board· shall be appointed by the City Council for terms of four (4) years. b. Two (2) members of the Board shall be elected by dir~ct secret ballot by all full-time permanent classified employees of the City for terms of four (4) years. c. ODe (1) member of the Board shall be selected by the four (4) aeabers previously appointed by the Council and/or elected by the full-time permanent classified employees. Said member shall be selected by a majority vote of the said !our (4) members and shall serve !or a term of four (4) years from the date of selection. This fifth member shall be the designated Chairperson of the Board. With the selection of the fifth mem- ber, the Board shall be duly constituted and each member shall serve durins his or her respective terms of office or until his or her resicnation, removal or recall as hereinafter provided. d. Whenever possible, the terms o ·! the office of the members shall be ata11ered. . -16- • I • • 0 • • • • (e) Members of the Board shall hold no other appointive or elective municipal office during their tenure as Board members. tf) No employee of the City shall b e a member of or an ex officio member of the Board. Council •hall enact appropriate Ordinances providing for the foregoing ·and further providing for the removal of any Board member for eontinued neglect of duties or ma'lfeasance in office and •hall further provide the necessary procedures for nomination, election, and recall of those Board members ·elected by the full- time par.anent cla••ified employees. The provisions of any such ordinance aball be administered by the city Election Commission as e•tabli•hed in this Charter. Sl38:4 Dutie• and Powers of the Career Service Board The Board •hall have the following duties and powers: (·a) TO hear merit appeals of any full-time permanent classified employee concerning the proper application' of the Admini•trative Proqedures adopted pursuant to §138:2 of the Charter governing Merit principles with respect to: (i) Selction and advancement on the basis of the employee's relative ability, knowledge and skills; and (ii) The e•tablishment and mai"ntenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibility to hear or dete~ne if a person were denied appointment or if a full-time permanent classified employee .were .denied promotion for reasona of alleged discrimination based upon race, religion, ' age, sex, handicap or national origin. -17- • , I • • ( • • • • (b) To grant exclusive recognition to an employee organi- ation to represent full-time classified employees of an appro- priate bargaining unit for purpoaes of collective bargaining. (c) Pursuant to Section 137:6 of this Article, to conduct hearinga and isaue findings of fact and recommendations for resolution of mandatory aubjects of bargaining upon which the parties are at impasse. · (d) To act aa the final authority with respect to approving appropriate employee bargaining unita". (e) . To auperviae elections for selection or retention of certified employee organizations and to certify the results of such elections. (f) To hear and decide contested matters involving _petitions for aelection or retention of a certified employee organi_zation and petiti~na for clarification or amendment of an existing appropriate bargaining unit. (g) To hear and determine whether any proposal or demand is a mandatory aubject for bargaining within the meaning of Sl37,5(a) of thia Charter. (h) To hear disciplinary appeals for any full-time perma- nent claaaified employee with respect only to whether that employ- ee'• auapenaion, demotion, or discharge was for cause which relate• to the performance. of duties, personal conduct, or any other factor detrimental to the City and/or any other just and reasonable cause. -18- • I • • • • • - (i) To hear and determine grievance appeals for any full- time classified employee whose position falls within an appro- priate 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 collectiv. bargaining agreement. (j) 'l'o appoint <1 hearing officer (with demonstrable ability in labor and employee relations) to make findings and recommendations to the Board for ita final approval with respect to the following&. disciplinary appeals, , and any hearing or pre~election conference as'may be directed by Ordinance with respect to petitions for selection or retention of a certified employee organization or a petition for clarifica- tion or amendment of an existing appropriate bargaining unit. (k) To take such actions as the Board deems necessary to effectuate the policies of this Charter amendment and any Ordi- nances adopted pursuant hereto. (1) The Board is authorized, following notice and hearing, to adopt reasonable rules and procedures not . inconsistent with the provisions of this or any other Charter or Ordinance provi- sions which are necessary in the performance of its duties. Council ahall enact appropriate. Ordinances governing the standards and procedures with respect to any of the foregoing duties and powers ot the Board. Council may also enact appro- priate ordinances to provide special assistance to the Board as may be necessary or desirable. -19- • I • • • • - Section llla5 · BFPBCTIVE DATE ~ VESTED RIGHTS (a) "l'be p%0viaiona of this Charter amendment shall become effective.within twenty (20) days after their approval by the qualified elector• of the City and the filing ·of . certitied copiea ~f aaid amendment• with the Secretary of State of the State of Colorado,&Dd with the Director of Finance, ex-officio City Clerk-Treaa~er of the City of Englewood, Colorado. (b) The pxoviaiona of thia amendment shall not be conatrued to destroy any property right, contract right, or right of action of any nature or· kind, oivil or criminal, vested in or against the municipality under and by virtue of any provision of law heretofore exiating or otherwise accruing to the municipality, but all auch right• ahall vest in and inure to the municipality or to any person or persons asserting any such claims against the municipality as fully and as completely as though the within Charter amen~nt had not been adopted. Such adoption shall never be construed to affect any such right existing between the municipality and any other person or persons. Se ction 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: • FOR AMENDMENT NO. 1 AGAINST Shall the Home Rule Charter of the City of Englewood, Colorado, Article XV, be repealed and readopted to provide the following amendment: -20- • I • • • • • • - ENGLEWOOD LABOR RELATION S AND CAREER SERVICE SYSTEM -198 1 AMENDMENT -To Article XV of the Charter of the Cit..y o f Englewood concerning the Career Service Sy s t~n a n d collective bargaining rights for certain Ci t y emp loy ees ; prohibiting City employees and emp l oyee organization s from engaging in any strike; providing a Career Service Board to administer and/or hear an d determine certain Career Service System and Labor Relations ma tters an d disputes; providing certain Career Service System and Labor Relations definitions; providing the right of certain City employees to bargain collective ly through certified employee organizations o f their own choosing concerning wages, hours, vacations, holidays, and certain other terms and conditions of employment and excluding certain subjects from collective bargaining; providing a method for resolving impasses in such barg aining, including submission for fact finding to the Career Service Board and submission to the qualified electors of the City for vote on certain unresolved issues; providing certain factors and procedures for determin- ing appropriate units for the purpose of collective bargaining; providing a Career Service System applicable to certain City employees and embodying certain merit principles. Section 3. A special election is called to consider the fore- going amendment to the Charter of the City of Englewood, along with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one special election is called to consider multiple questions. Section 4. The proper officials of the City of Englewood shall give not~ce of said general municipal election, which notice shall be published in the manner and for the length of time re- quired by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981. Read ±n full and passed as amended on the 26th day of January, 1981 as a Bill for an Ordinance. -21- • , I • • • • • Published i n f u ll as amended as a Bill for an Ordinanc e on the 28th day of January, 19 8 1. At test: Mayo r ex offic~o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of January, 1981, published in full as a Bill f or an Ordinance on the 7th day of January, 1981, read in full as amended as a Bill for an Ordinance on the 26th day of January, 1981, published in full as amended as a Bill for an Ordinance on the 28th day of January, 1981. Gary R. Higbee -22- • I • •