Notice of Election (Published) - Special Municipal Election

CITY OF GRAND JUNCTION, COLORADO

Notice

Special Municipal Election

February 1, 2000

Mail-in Ballot

Notice is hereby given that on Tuesday, February 1, 2000 there will be a Special Municipal Election held in the City of Grand Junction, Colorado. No person shall be permitted to vote in this election unless they are a registered voter. You may register at the Office of the Mesa County Clerk & Recorder, Mesa Mall, 2424 Highway 6 & 50, East Wing, through the close of business at 6:00 p.m., Monday January 3, 2000. You may also register at the City Clerk’s Office, 250 North 5^th Street, Monday through Friday between 7:30 a.m. and 5:30 p.m.

Qualifications of Electors

Every person who has attained the age of eighteen years possessing the following qualifications is entitled to register to vote for all municipal elections:

(1) Citizen of the United States

(2) Reside in this state for thirty days and in the municipal election district for thirty days immediately preceding the election.

THIS WILL BE A MAIL-IN BALLOT ELECTION

If you voted in the 1999 General Election and your address has not changed since November 1999, you will automatically receive your ballot in the mail no later than January 24, 2000. If you did not vote in the 1999 General Election and/or your address has changed, you need to register at the Mesa County Elections Division or the City Clerk’s office.

One question will be on the ballot as follows:

Shall the Charter of the City of Grand Junction be amended to: allow collective bargaining for sergeants, lieutenants, police officers and other employees of the police department; allow collective bargaining for fire fighters, fire supervisors and other employees of the fire department; allowing for binding arbitration awards regarding pay, working conditions, benefits, work schedules, minimum staffing levels, and other issues; providing no penalties if strikes occur; and other related provisions.

FOR THE AMENDMENT

AGAINST THE AMENDMENT

The full text of the Charter Amendment proposal is as follows:

Section 158 - STATEMENT OF POLICY

It is the policy of the City of Grand Junction that members of the Fire and Police Departments shall not be allowed to strike or engage in any work stoppage, slowdown, or mass absenteeism. Further, it is the policy of the City to promote the improvement of labor relations between the City and the members of the Fire and Police Departments and to protect the public health, safety and welfare by assuring at all times the orderly and uninterrupted operations and services of City Government.

Employees in the Fire and Police Departments who are in the bargaining units are hereby provided the right to bargain collectively concerning certain subjects with the City as employer through certified employee organizations and a method for resolving impasses in such bargaining. The establishment of this method of impasse resolution shall be deemed to be a recognition of the necessity to provide an alternative mode of settling impasses where employees such as members of the Fire and Police Departments, as a matter of public policy, must be and are denied the ability to strike.

Further, it is the public policy of the City of Grand Junction to achieve and maintain harmonious relations between the City and the bargaining units described below, to provide for equitable adjustment of differences which may arise in these bargaining units, and to establish proper standards of wages, hours and other terms and conditions of employment for these bargaining units.

Section 159 - DEFINITIONS

As used in this chapter of the Charter, the following definitions shall be observed. (a) The term "police officer" shall mean all sworn members and positions (including police service technicians or those holding a functionally equivalent position) of the Police Department of the City of Grand Junction except the Chief of Police and Captains.

(b) The term "fire fighter" shall mean all sworn members and positions of the Fire

Department of the City of Grand Junction except the Fire Chief and Assistant Chiefs.

collectively bargains with the City.

(d) "Certified Employee Organization" or "Employee Organization, means an organization elected by the police officers or fire fighters and certified by the City pursuant to the

provisions of this article.

(e) "Collective Bargaining" means to meet at reasonable times to confer in good faith, and to reduce to a written contract the matters agreed upon; but the obligation to collectively bargain does not compel a party to agree to a proposal or require the making of a concession.

(f) "Collective Bargaining Agreement" means any and all terms to which the City and the employee organization have voluntarily agreed, and any and all terms decided by an arbitrator.

(g) "Final Offer" means the last written offer made by a party no less than seven (7) days prior to the start of a binding arbitration hearing.

(h) The term "working day" shall be inclusive of Mondays through Fridays during

which the administrative offices of the City are normally opened. The term "working day" shall

exclude Saturdays, Sundays and legal holidays.

Section 160 - TERM OF THE COLLECTIVE BARGAINING AGREEMENT

The obligation to meet at reasonable times and negotiate in good faith shall commence on or prior to May 15 of any applicable year in which the bargaining agreement expires or in which collective bargaining is otherwise proper. The collective bargaining agreement shall be for a term of not less than one (1) year nor more than three (3) years, and shall be effective on a January 1 date and shall terminate on a December 31 date. A contract for a period in excess of one year shall be fully enforceable during its term, notwithstanding any other provisions of this Charter or state statute to the contrary; provided, however, that in the event a contract covered by the provisions of article X, section 20, subsection (4)(b) of the Colorado Constitution is negotiated, the City must comply with those provisions.

Section 161 - SUBJECTS FOR COLLECTIVE BARGAINING

(a) The City and the certified employee organizations shall have the mutual obligation to negotiate and bargain in good faith over compensation, benefits and terms and conditions of employment. By way of illustration but not limitation, the following subjects are included within that phrase: wages, hours, vacation, sick leave, insurance (including selection of carrier), special or additional pay, working out of rank, leaves of absence, dues deduction, payment of fees as set forth in § 166 herein, grievance resolution procedure, pension contribution and benefit levels (notwithstanding § 88 of this charter), payments for injuries, sickness or death arising from the line of duty, non-pension benefits for retired police officers or fire fighters and their dependents, work uniform provisions, longevity, transfer procedure, department procedures for discipline, promotion procedures, education incentives, work schedules and selection thereof, minimum staffing levels, seniority, recognition clause, severability clause, duration of the agreement and

procedures and notice relating to the lay-off and recall of police officers or fire fighters.

(b) Non-Negotiable Subjects. The following subjects shall be excluded from the bargaining as non-negotiable subjects of bargaining: any subject over which the City has no authority to act because of state or federal law, any proposal that would conflict with a state or federal law, any proposal that would conflict with the city charter, the rnissions of the Police and Fire Departments and the City, the standards of service of the Police and Fire Departments and the City, the tables of organization of the Police and Fire Departments and the City, the budgets of the Police and Fire Departments and the City, the facilities of the Police and Fire Department and the City, state or federally mandated pension provisions, the decision whether to lay off or recall police officers or fire fighters, and all matters relating to the recruitment, examination, certification and hiring of entry level members of the Fire and Police Departments.

Section 162 - RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY

(a) Police officers shall have the right to bargain collectively with the City and to be

represented by an employee organization in such negotiations.

(b) Fire fighters shall have the right to bargain collectively with the City and to be

represented by an employee organization in such negotiations.

in the activities of the employee organization of their choosing.

Section 163 - SELECTION AND RECOGNITION OF THE CERTIFIED EMPLOYEE

ORGANIZATION

(a) The certified employee organization for police officers shall be the sole and

exclusive representative of all of the police officers, if selected by a majority of the police officers voting in an election vote for such representative.

(b) The certified employee organization for fire fighters shall be the sole and exclusive representative of all of the fire fighters, if selected by a majority of the fire fighters voting in an election vote for such representative.

(c) Questions concerning the selection or removal of a certified employee organization may be raised by petition of any police officer or fire fighter, group of police officers or fire fighters, or employee organization representing or wishing to represent police officers or fire fighters but only if such petition is signed by at least thirty-three (33) percent of the police officers or fire fighters. Such a petition may be submitted at any time to the City Clerk provided that in the event there is a bargaining agent then certified or recognized by the City, no petition may be filed within twelve months of a bargaining agent's certification; and provided further that no petition may be filed during the term of an existing agreement, except during the period from January 1 to January 31 of the final year of such agreement.

(d) When a petition is filed concerning the selection or removal of a representative, the City Clerk shall determine the question of selection or removal of any representative by taking a secret ballot of police officers or fire fighters and certify in writing the results thereof to the City and the person, persons, and employee organization involved.

(e) The employee organization selected by the majority of the police officers or fire fighters voting in an election conducted pursuant to paragraph (d) of this subsection shall be recognized by the City as the sole and exclusive representative for all police officers or fire fighters. An employee organization may be decertified by following the same procedure set forth in this section.

Section 164 - OBLIGATION TO NEGOTIATE IN GOOD FAITH

(a) It shall be the obligation of the City to meet and bargain in good faith with the representatives of the employee organization at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract and executed in a timely manner.

(b) It shall be the obligation of the employee organization to meet and bargain collectively in good faith with the representatives of the City at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract

and executed in a timely manner.

shall consider any evidence about either the City's or the employee organization's refusal to

bargain in good faith. If the arbitrator concludes that either the City or the employee organization has failed to bargain in good faith, he shall utilize this conclusion pursuant to section 171 and may base his findings on this conclusion.

Section 165 - REQUEST FOR NEGOTIATING

(a) Whenever benefits or any other matters requiring appropriate on of money by theCity are included as matters of negotiation under this article, it is the obligation of the employee organization to serve written notice of request for negotiations on the City no later than April 1 of the year before the contract period which will be the subject of the negotiation process. Negotiations shall begin no later than May 15. The failure of the employee organization to comply with this notice requirement shall mean that the current collective bargaining agreement shall continue unchanged for one calendar year unless the City agrees to negotiate over a successor agreement notwithstanding the actions of the employee organization.

(b) All time Emits for action contained in this article, other than the times for requesting and commencing negotiations set forth in this section, may be waived by mutual consent of the parties.

Section 166 - PAYMENT OF FEES

Nothing in this article shall prohibit the City and the employee organization from negotiating a collective bargaining agreement which contains provisions requiring all members of the bargaining unit to pay, as a condition of employment, necessary fees and expenses germane to collective bargaining and enforcement of any collective bargaining contract which are incurred by the employee organization.

Section 167 - FACILITATION ASSISTANCE

It is recognized that from time to time, the negotiating teams of the parties may find it difficult readily to achieve agreement. Whenever it is deemed appropriate or beneficial to do so, the parties may engage the services of one or more experts, consultants, facilitators or mediators as they may jointly agree may benefit the process of reaching agreement on one or more items. It is specifically contemplated that the parties might engage individuals who have demonstrated knowledge or expertise in a given topic under discussion or skills and abilities in dispute resolution to serve as a facilitator, mediator or other assistant to promote the parties reaching a voluntary resolution. Fees and expenses of such persons will be shared equally by the parties, unless otherwise agreed.

Section 168 - UNRESOLVED ISSUES SUBMITTED TO BINDING ARBITRATION

In the event that the employee organization and the City are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall be submitted to binding arbitration. The obligation of the parties to bargain in good faith shall continue after submission of unresolved issues to binding arbitration. Any or all issues which are unresolved between the employee organization and the City within the time periods contained in this paragraph may be resolved by the parties at any time. In the event the employee organization and the City are able to reach an agreement upon any or all issues prior to the receipt of the decision of the arbitrator, then the arbitrator shall not make a decision on such issue or issues. In the event that, within fifteen (15) days following the receipt of the decision of the arbitrator, the employee organization and the City are able to reach an agreement upon any or all issues decided by the arbitrator, then'-those agreements shall supersede the decision of the arbitrator.

Section 169 - BINDING ARBITRATOR -- SELECTION

(a) Within thirty days after the adoption of this article, the City shall, in some

reasonable manner, solicit applications from persons who desire to be on a permanent panel of

arbitrators to resolve impasses as described in section 168 herein.

(b) In order to be eligible to be on the permanent panel of arbitrators, a person must be

impartial and disinterested and must be qualified by experience and training as a neutral hearing officer or arbitrator in labor/management disputes. In order to be so qualified, the person must have served as a neutral hearing officer or arbitrator in labor/management disputes for at least three (3) years and have conducted at least five (5) hearings per year in each of two (2) of the last three (3) years. These hearings shall be either hearings to resolve an impasse in negotiations between labor and management, disputes over the meaning or application of contracts between labor and management or discipline. Any person whose only experience is as a hearings officer in any civil or career service system shall not be qualified. Persons who are members of the National Academy of Arbitrators or on the American Arbitration Association panel of labor arbitrators are presumptively qualified.

(c) The City Council shall create a permanent panel of at least three (3) arbitrators from those qualified persons who apply. Placement on the permanent panel shall be by a vote of the City Council. Any qualified person can be added to the permanent panel at any time by a vote of the City Council. Any person on the permanent panel may be removed by a vote of the City Council unless that person has been selected to conduct a hearing pursuant to subsection (e) of this section and then that person can only be removed after issuing a decision in that dispute.

(d) Each person put on the permanent panel shall sign an oath to uphold the terms of

this article.

(e) Within three (3) days of the expiration of the 30-day time period referred to in section 168, the City Clerk shall submit a list with the names of all members of the permanent panel to the employee organization and the City. Within ten (IO)days of receipt of this list, the employee organization and the City shall meet and alternatively strike one name from the list until one name remains (if the panel has an odd number of names) or two names remain (if the panel has an even number of names). If one name remains, that person becomes the arbitrator for that dispute. If two names remain, the President of the City Council shall select one of those two names to be the arbitrator for that dispute. The President's selection must take place within three (3) working days of the completion of the striking process by the employee organization and the City. The determination of whether the employee organization or the City strikes first shall be done by flip of a coin. The failure of the employee organization to participate in this process within the time limits set forth herein shall allow the City to select the arbitrator from the permanent panel. The failure of the City Clerk to provide the list or the City to participate in the striking process shall allow the employee organization to select the arbitrator from the permanent panel. The failure of the Council President to fulfill his obligation hereunder shall allow the employee organization to select the arbitrator from the two remaining on the list.

(f) Nothing herein shall be construed to prevent the employee organization and the

City from agreeing to an arbitrator from the permanent panel.

Section 170 - BEARINGS

(a) The arbitrator shall call a hearing to begin within twenty-five (25) days of his selection, and shall give at least ten (10) days notice in writing to the employee organization and the City of the time and place of such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed competent and relevant by the arbitrator shall be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the

attendance and testimony of witnesses and the production of books, records and other evidence

relating to or pertinent to the issues presented to him for determination.

(b) The hearing conducted by the arbitrator shall be concluded within seven (7) days of the time of commencement. Within five (5) days following the conclusion of the hearing, the parties may, if they deem necessary, submit written briefs to the arbitrator. Within ten (10) days of receipt of such briefs or within ten (10) days after the conclusion of the hearing if no posthearing briefs are filed, the arbitrator shall make written findings and decision on the issues presented, a copy of which shall be mailed or otherwise delivered to the employee organization and the City. Said written findings and decision shall be reached in accordance with the provisions of section 171 herein.

Section 171- FACTORS TO BE CONSIDERED BY THE ARBITRATOR

The arbitrator shall conduct the hearing and render his decision with due consideration of the need for a prompt, peaceful and just settlement of all unresolved issues between the employee organization and the City. The factors to be considered by the arbitrator in arriving at a decision shall include:

(1) The interests and welfare of the public and the financial ability of the City to bear

the costs involved;

(2) The lawful authority of the City;

(3) Stipulations of the parties;

(4) Comparison of the compensation, benefits, hours and other terms or conditions of employment of the members of the Police Department or Fire Department involved with other police or fire department members performing similar services in public employment in comparable communities;

(5) The cost of living;

(6) Any claims of failure of a party to bargain- in good faith pursuant to section 164;

and

(7) Other similar standards recognized in the resolution of interest disputes.

Section 172 - FINAL OFFER PROCEDURE

The arbitrator shall choose either the final offer of the City or the final offer of the employee organization on each issue and shall state his reasons for choosing such position.

Section 173 - FINALITY OF THE ARBITRATOR'S DECISION

(a) Except as provided in this section, the decision of the arbitrator shall be binding onthe employee organization and the City. Nothing herein shall prohibit the parties from agreeing to terms different from the decision of the arbitrator as long as such agreements are made within

fifteen (15) days after receipt of the arbitrator's decision.

(b) The arbitrator's decision shall be subject to court review only pursuant to the terms of this section. Any party desiring court review must file suit in district court no later than thirty (30) days after the date of the arbitrator's decision. Failure to file suit within this time frame - shall waive the right to appeal the decision. The district court shall affirm the award unless it determines:

(1) The award was procured by corruption, fraud or other undue means;

(2) The decision on any issue is arbitrary and capricious, to wit, there is no competent

evidence in the record to support the decision; or

(3) The decision on any issue was reached without considering the factors listed in

section 171 hereof

award was procured by corruption, fraud or other undue means. If the court determines that the award was procured by corruption, fraud or other undue means, the entire award shall be vacated and the matter shall be remanded back to a different arbitrator selected pursuant to the terms of section 169 hereof The arbitrator who issued the award determined to be procured by corruption, fraud or other undue means shall no longer be deemed qualified to be on the permanent panel of arbitrators and shall be removed from that panel and shall not be eligible for reappointment to the permanent panel. If the court determines that the arbitrator's decision on any issue is arbitrary and capricious, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the employee organization or the City so desires and, with or without a new hearing, to issue a new decision on that issue which is based on some competent evidence in the record. If the court determines that the arbitrator's decision on any issue was reached without considering the factors listed in section 171 hereof, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the employee organization or the City so desires and, with or without a new hearing, to issue a decision which considers the factors listed in section 171 hereof as the arbitrator deems

proper.

Section 174 - FEES AND EXPENSES OF ARBITRATION

One-half of the necessary fees and necessary expenses of arbitration (excluding all fees and expenses incurred by either party in the preparation or presentation of its case) shall be borne by the City and one-half shall be borne by the employee organization.

Section 175 - TERMS AND CONDITIONS OF EMPLOYMENT NOT TO BE REDUCED

The compensation, benefits, hours, working conditions and other terms and conditions of

employment granted to police officers and fire fighters by Charter, applicable ordinances, and/or

personnel policy or Procedure as of the date of the adoption of this article shall remain in full force and effect until such time as they are modified by voluntary agreement between the City and the employee organization.

Section 176 - PROHIBITION

(a) The protection of the public health, safety and welfare demands that no police officers or fire fighters will cause, sanction or take part in any withholding of service to the City by means of a strike, walkout, sit-down, slowdown, stoppage of work, abnormal absenteeism or other method. Therefore, all such actions are expressly prohibited.

(b) No person shall be appointed, promoted, demoted, discharged, or in any way discriminated against because of affiliation or non-affiliation with any employee organization within the Fire and Police Departments, except as provided by section 166 and any contract clause implementing that section.

Section 177 - SEPARATE NEGOTIATIONS

It is contemplated that negotiations between the City and representatives for the police officers and fire fighters shall be done separately, including the arbitration of any unresolved issues. However, joint negotiations and/or joint arbitration of unresolved issues may take place upon the agreement by the City and both representatives.

Section 178 - PROBATION AND DISCIPLINE

All police officers and fire fighters shall be subject to a one year probationary period. After completion of the probationary period, no police officer or fire fighter may be disciplined or discharged except for just cause.

Section 179 - SEVERABILITY

(a) If any clause, sentence, paragraph or part of this article or application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article or its application.

(b) In the event that the provisions for binding interest arbitration are judged by a court of competent jurisdiction to be invalid, the following election procedure shall become the impasse resolution procedure.

(1) The recommendations of the arbitrator shall be advisory only. The City shall notify the employee organization whether it will enter into an agreement containing the provisions recommended by the arbitrator within ten (10) days of receipt of said recommendations. The employee organization shall advise the City within three (3) working days from receipt of the City's decision whether it will enter into an agreement containing the provisions recommended by the arbitrator. Failure by either the City or the employee organization to notify the opposite party within these time limits shall be deemed acceptance of the arbitrator's recommendations by the

defaulting party.

(2) In the event the City or the employee organization is unwilling to enter into an agreement containing the recommendations of the arbitrator, and is otherwise unwilling to enter into an agreement, the City shall cause the recommendations of the arbitrator on unresolved issues to be referred to a vote of the people. The election shall be held pursuant to state law and take place before the end of the calendar year in which negotiations are being held. If a general or special election is scheduled during this period the unresolved issues shall be placed on that ballot. If no such election is scheduled the City shall call a special election for this purpose. The City shall also place the final offer on unresolved issues of the party or parties rejecting the arbitrator's recommendations on the same ballot.

(3) The ballot for any election conducted pursuant to subparagraph (b) (2) of this section shall list the recommendations of the arbitrator first. The determination in an appropriate circumstance of whether the final offer of the employee organization or the final offer of the City shall be listed second shall be made by lot or by a flip of a coin.

(4) At any election conducted pursuant to subparagraph (b) (2) of this section, voters

shall be permitted to vote in favor of adopting either the recommendations of the arbitrator in

total, or the final offer of the party or parties which appears on the ballot in total. The selection

receiving the most votes shall become part of the collective bargaining agreement shall be enacted and implemented by the City and the employee organization.

(5) The expenses of any special election conducted pursuant to this section shall be paid by the party rejecting the recommendations of the arbitrator. These expenses shall be shared equally if the recommendations of the arbitrator are rejected by both the employee organization and the City. In the event that issues unrelated to the proposals contemplated by this article are also to be decided upon in the same election, then the employee organization shall pay only its proportionate share of the election expenses directly related to resolving the negotiating impasse, if any.

^{CITY OF GRAND JUNCTION, COLORADO}

^{Stephanie Nye, CMC/AAE}

^{City Clerk}