August 1, 1998
SUBJECT: Consideration of Companion Measure Concerning Binding Arbitration
REPORT IN BRIEF
At the Council meeting on July 28, 1998, the City Council adopted Resolution No. 143-98 calling a special municipal election and requesting consolidation of services and a contract with the County Registrar to place an initiative measure concerning binding arbitration for Public Safety personnel on the November 3, 1998 ballot.
There were only 6 members of Council present at the July 28, 1998 meeting, and a motion to place a companion measure on the ballot died on a 3 to 3 vote. Since it is possible, through electronic means to have the seventh Council member present (Government Code ' 54953(b)), a special meeting has been called by the Mayor to evaluate the placement of a companion measure on the November ballot.
The proposed companion measure would read as follows:
Shall the Sunnyvale City Charter be amended to require voter approval of any labor agreement resulting from binding arbitration or fact finding before the agreement may become effective, if the provisions negatively affect management rights or require additional revenues or appropriations, or if either side wishes to seek voter approval?
The proposed text revision to the Charter would be:
Section 1109. Voter Approval of Arbitrated Agreements Required. No interference with managements prerogative to deploy or assign personnel may be imposed as a result of binding fact finding or binding arbitration without the approval of the voters.
No additional financial burdens may be imposed on the taxpayers of the City as a result of binding fact finding or binding arbitration without the approval of the voters. Despite any other provision of this Charter, unless approved by a resolution of the City Council, no wages, benefits or employee-related expenses shall be paid by the City until additional revenues and appropriations to cover the costs have been approved by the voters.
Any arbitration decision or portion thereof may be subject to voter approval if, after the arbitration decision is rendered, either side wishes to have the matter submitted to the voters. The side seeking the voter approval shall be responsible for the costs of the election, or portion thereof, pertaining to the arbitration decision.
The City Council shall not be required to call an election for the approval of arbitrated agreements more than once a year and may consolidate such elections with elections held for other purposes.
It is believed that Council members will discuss the pros and cons of placing such a measure on the ballot.
FISCAL IMPACT
There is no additional fiscal impact to placing a second measure on the ballot. The costs for a consolidated election are the same, regardless of the number of measures and these costs will be incurred as a result of the initiative measure.
PUBLIC CONTACT
Notice of the special meeting was given pursuant to Government Code ' 54956. In addition, members of the Public Safety Officers Association and others were personally notified.
ALTERNATIVES
1. That Council adopt a resolution placing a companion measure on the
ballot.
2. That Council not adopt a resolution placing a companion measure on the ballot.
RECOMMENDATION
Staff makes no recommendation.
Prepared by:
Amy Chan
Assistant City Manager
Approved by:
Robert S. LaSala
City Manager
Attachments