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HomeMy Public PortalAbout005-2023 - Memo DAVID M. SNOW Mayor CITY OF RICHMOND ANDREW J. SICKMANN DEPARTMENT OF LAW City Attorney 50 NORTH FIFTH STREET RICHMOND, INDIANA 47374 KIMBERLY A. VESSELS PHONE (765) 983-7220 FAX (765) 983-7365 Assistant City Attorney DATE: JANUARY 4, 2023 TO: RICHMOND COMMON COUNCIL MEMORANDUM FROM: ANDREW J. SICKMANN, CITY ATTORNEY RE: CH. 33.04: EMPLOYEE COLLECTIVE BARGAINING CC: DAVID M. SNOW, MAYOR KAREN CHASTEEN, CLERK Dear Council Members: Chapter 33.04 of the Richmond City Code addresses employee collective bargaining. As you may be aware, when the Administration and a Collective Bargaining Unit reach an impasse, either party may request that all unresolved issues be submitted to a fact-finding panel. The Administration appoints two members to the panel, and the Collective Bargaining Unit appoints two members. The four members are required to appoint a fifth member, who functions as the chair. Ultimately, the panel will issue recommendations to the parties which recommendations have the potential to reach Council for a vote. There are specific procedural requirements to which the parties must adhere; however, there does not currently exist any provision prohibiting nepotism in the appointment of the panel members. As such, I have taken the liberty of including the language from Indiana statute that proscribes nepotism in the realm of public employment. The inclusion of this language would prohibit both the Corporate Authority and the Bargaining Unit from appointing a panel member that would fit within the definition of “relative” as set forth in the amended ordinance. This would eliminate both the actual and perceived impropriety of a relative making decisions that have the ability to impact the bargaining process. Finally, the American Federation of State, County & Municipal (“AFSCME”) bargaining unit has been added to the ordinance as a recognized union. Presumably, this union was not in existence at the time of the original adoption of the ordinance. This is simply a “housekeeping” item that seemed appropriate to address in conjunction with the more substantive change addressed above. Best Regards, Andrew J. Sickmann