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RTC #99-112

March 16, 1999

 

SUBJECT: PSOA NEGOTIATIONS – IMPASSE PROCEDURES/ ADVISORY ARBITRATION (RTC #99-112)

REPORT IN BRIEF

This report sets forth the names of four qualified electors of the City to serve on an advisory arbitration board dealing with the impasse between the Public Safety Officers Association (PSOA) and the City of Sunnyvale.

DISCUSSION

Pursuant to the Employer-Employee Relations Code, Section 2.24.260, Resolution of Impasses – Advisory Arbitration Board, this report submits to the Council the names of four electors of the City to serve on the advisory arbitration board. These names are provided following their selection as stated in the code under paragraph ©, subparagraphs (1) and (2):

The selection of the advisory arbitration board shall be conducted in the following manner:

(1) The municipal employee relations officer (MERO) and the representatives of each employee organization each shall submit to the city clerk the names of two qualified electors of the city to serve on the board. The nominated electors shall constitute a panel which shall remain in effect for one year. Vacancies on the panel shall be filled within thirty days by the party which made the nomination.

(2) The city council shall at the time the impasse procedure is invoked appoint from the panel two members to the advisory arbitration board, one from the names submitted by the municipal employee relations officer, and one from the names submitted by the representatives of the employee organizations. The two members thus appointed shall select a third member from a list provided by the American Arbitration Association. The third member shall be chair of the advisory arbitration board.

The full text of Section 2.24.260 is Attachment A to this report as information.

 

The two electors submitted by the MERO are as follows:

Mr. Marc G. Hynes

Currently a private law practice attorney in the law firm of Atkinson-Farasyn in Mountain View, Mr. Hynes holds a law degree from Boalt Hall Law School. Mr. Hynes has had over 29 years of experience in law practice, with significant focus in the public sector. He served as Senior Assistant City Attorney and Acting City Attorney for the City of Sunnyvale between 1975 and 1981 and is well versed in the areas of negotiation/mediation/arbitration. He has also for many years served as disciplinary appeals legal counsel for the City of Sunnyvale Personnel Board.

Mr. James V. Quillinan

Currently a private law practice attorney in the law firm of Quillinan and Luce in Mountain View, Mr. Quillinan holds a law degree from the University of Santa Clara Law School. Mr. Quillinan has had over 25 years of experience in law practice, with significant focus in estate planning, trust administration and probate and related litigation. He is a certified mediator and has been appointed Special Master/Referee and Special Administrator, Successor Trustee and Conservator by both the Santa Clara County and San Mateo County Superior Courts.

The two electors submitted by PSOA are as follows:

Mr. Michael O. Kelley

Currently a Counseling Psychologist (Ph.D.), Mr. Kelley has been a long-term, active volunteer in community activities and civic organizations in Sunnyvale. Mr. Kelley has been involved with the Sunnyvale Southern Little League since 1989 and has been a Red Cross volunteer, an SYBL coach, and a basketball coach for Resurrection School in Sunnyvale. Mr. Kelley also is a current Parks and Recreation Commission member. He retired from IBM in 1992 where he managed several highly technical departments, which substantially enhanced his problem solving and contract negotiation skills.

Mr. Anthony Spitaleri

A Sunnyvale community resident for 30 years, Mr. Spitaleri has served on the Sunnyvale Parks and Recreation Commission and the City’s Advisory Commission for Paramedics. He is the President of the Palo Alto Firefighters Association and a state representative of the International Association of Firefighters. He has taken numerous labor courses, has been involved in several negotiations, has sat on disciplinary boards and been involved in mediation.

FISCAL IMPACT

The cost of any impasse procedure shall be shared equally by the City and PSOA, parties to the impasse.

PUBLIC CONTACT

The public is informed by placement on the City Council agenda.

ALTERNATIVES

  1. Appoint two members to the advisory arbitration board from the names submitted.
  2. Make no appointments and request additional names.

RECOMMENDATION

Alternative #1 above: That the City Council appoint two members to the advisory arbitration board from the names submitted, one from the electors submitted by the Municipal Employee Relations Officer (MERO) and one from the electors submitted by the Public Safety Officers Association (PSOA).

 

 

 

 

Prepared by:

 

David L. Nieto
Director of Human Resources

 

 

Approved by:

 

Robert S. LaSala
City Manager

 

Attachments

  1. Employer-Employee Relations Code, Section 2.24.260

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