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HomeMy Public PortalAbout031-1989- ORDINANCE REPLACING AMENDED SEC 33.05 OF THE CODEAMENDED ORDINANCE NO. 31 1989 AN ORDINANCE REPLACING AMENDED SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND. (A) The protection of the public health, safety, and welfare demands that the members of any civil city employees group in the civil city shall not be accorded the right to strike or engage in any work stoppage or slowdown. This necessary prohibition does not, however, require the denial to municipal employees of other well —recognized rights of labor, such as the right to organize, to be represented by a labor organization of their choice, and the right to bargain collectively concerning wages, rates of pay, and other terms and conditions of employment. (B) For the purposes of this section the.following definitions shall apply unless the context clearly indicates or requires a different meaning. "CORPORATE AUTHORITIES." The proper officials within the city whose duty it is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of members of its various departments and shall consist of at least three members appointed by the Mayor of said City. "FACT—FINDING PANEL." A panel of five persons, two selected by the corporate authorities of which at least one shall be a resident freeholder, two selected by the bargaining agent of which at least one shall be a resident freeholder. The fifth member shall be a professional arbitrator provided by the American Arbitration Association, and shall be selected by majority vote of the other four members. The panel members shall not be employees of the city or members of any of its departments, boards, or commissions. "ORGANIZED EMPLOYEES GROUP." Any department which may be established pursuant to the law of this state and whose organized members represent a majority of the regular employees of the department. (C) The bargaining agent for any department selected by a majority of the members of the department shall be exclusive bargaining agent for all of the department unless and until recognition of the organization is withdrawn by vote of a majority of its members. (D) It shall be the obligation of the city, acting through its corporate authorities to meet and bargain in good faith with the representatives of the bargaining agent beginning the First day of -May. (E) In the event that the bargaining agent and the corporate authorities are unable within 60 days from and including the date of their first meeting, to reach an agreement on wages, salaries, hours, and working conditions, any and all unresolved issues shall, upon request of the corporate authorities or the bargaining agent, be submitted to the Fact—finding Panel. (F) The Fact-finding Panel shall be selected within five days from the date of request referred to in (E) above. The bargaining agent and the corporate authorities shall each select and name two fact -finders and shall immediately thereafter notify each other in writing of the names and addresses of the persons so selected. The four fact -finders so selected and named, shall, within five days from and after the expiration of the five-day period hereinbefore mentioned, select and name a fifth fact -finder from a list supplied by the American Arbitration Association. This person shall serve as Chairman of the Fact-finding Panel. Reasonable fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the city. (G) The Fact-finding Panel shall, acting through its Chairman, call a hearing within five days after the date of the appointment of the Chairman, and shall, acting through its Chairman, give at least seven days notice in writing to each of the other four fact -finders, the bargaining agent, and the corporate authorities of the time and place of the 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 relevant by the fact -finders may be received in evidence. The Fact-finding Panel shall have access to all books, records, and other evidence relative or pertinent to the issues presented to them for the purpose of determining the facts and the submitting of recommendations. The hearing conducted by the Fact-finding Panel shall be concluded within ten days of the time of commencement, and within five days after the conclusions of the hearings, the panel shall make written findings and written recommendations upon the issues presented, a copy of which shall be presented to the bargaining agent and the corporate authorities at a public meeting. Any hearings held by the Fact-finding Panel must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations they make are public record open to public inspection provided by any applicable statute relating to factfinding in connection with public collective bargaining. (H) The Corporate authorities shall within five days after the receipt of the formal report of the Fact—finding Panel, establish final negotiation meetings with the bargaining agent for a final effort to resolve issues. Fact, evidence, and recommendations of the Fact-finding Panel shall then be binding and shall form a part of the salary ordinance passed by a majority vote of the Common Council. (I) The Fact-finding Panel shall conduct the hearing and render their decisions upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the bargaining agent and the corporate authorities. The factors among others to be given weight by the Fact-finding Panel shall include but not be limited to: (1) Interest and welfare of the general public and taxpayers; (2) Comparison of wages, rates, or hourly conditions of public employment with prevailing wage rates of hourly conditions in private industry and commerce for similar positions and skill levels, together with all other benefits as pensions, insurance, and so forth; (3) Comparison of peculiarities of employment in regard to other trades of .professions, specifically: (a) Hazards of employment; (b) Physical qualifications; (c) Educational qualifications; (d) Mental qualifications; (e) Job training and skills. (J) All matters which have been agreed upon by the parties, excepting budgetary items which must be passed by ordinance of the Common Council, shall be reduced to writing and shall be effective for the period agreed upon by the parties. PASSED AND ADOPTED by the Common Council of the City of Richmond, � Indiana this 7 = day of V , 1989• President of Common Council ATTEST: City C erk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this ai-day of 1989. 722 APPROVED by me, Mayor of the City of Richmond, Indiana this day of , 1989. Mayor ATTEST: City Clerk CITY OF RICHMOND OF RrC�, u o 50 NORTH FIFTH STREET * # RICHMOND, INDIANA 47374 TELEPHONE (317) 983-7200 June 30, 1989 Dear Council Members, FRANK H. WALTERMANN MHTOR My responsibility for the overall operation of city government, and the detrimental impact that Ordinance No. 31-1989 poses on my statutory duties under Indiana Code IC 36-4-5-3 Section 3, specifically No. 7, necessitates my veto (under IC 36-4-6-16) of the aforementioned Ordinance. Sincerely, Frank H. Waltermann Mayor jbs THOMlAS ©Awn SEAL Attomey-at-Law 234 South Fourth Street Richmond, IN 47374 Phone 962-5792 May 12, 1989 Dear Councilperson: With this letter I hope to explain the need to correct section 33.05 of the municipal code of the City Of Richmond. It has been determined by the City Attorney that the present fact-finding ordinance is invalid. (see attached Document A) Futhermore, the City Attorney has stated that although Council was informed of this, they failed to take corrective measures. (see attached Document B) The proposed ordinance will correct the expressed deficiency of the present ordinance. The proposed ordinance (see attached Document C) would change only sections (E), (F), and (H). The change in (E) simply makes the fact-finding process optional after at least 60 days of negotiation instead of mandatory as it currently reads. The change in section (F) reflects the change in section (E). The change in section (H) will make the fact-finding process valid and enforceable by giving the Common Council the option to adopt or reject the findings and recommendations of the fact -finders by a simple majority vote. The proposed changes are indicated by a 11 at the beginning of each line containing a change, and a // at the end of each line containing a change. The fourth attached document (Document D) is a letter from Attorney John C. Ruchelshaus, General Council of Indiana State Firefighters Association and State Fraternal Order Of Police. It was written after review of section 33.05 of the municipal code of the City Of Richmond. This letter suggests the proposed change to section (H) to ensure enforceability of section 33.05 of the municipal code. It is my considered opinion that the proposed ordinance corrects the expressed deficiencies in the current ordinance. If I can be of any further service to you regarding this matter do not hesitate to call. VETO FORM AMENDED ORDINANCE NO. 31-1989 This Ordinance disapproved and vetoed by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, on the ,A ! day of June,1989, at the hour of A *.5 O'clockA —M. ATTEST: Mary Mel hanth use, City Clerk This Ordinan a was returned by me to the Common Council of the City of Richmond, Indiana on the 3066 day of ,1989. This Ordinance was reconsidered by the Common Council of the City of Richmond, Indiana on the day of July, 1989. President of Common Council The vote of the Common Council of the City of Richmond, Indiana was to in favor of / in opposition to overriding the veto. President of Common Council ATTEST: City Clerk Inv. 060289-2 30000334 - Form Prescribed by State Board of Accounts General Foam No. 99 P (Rev. 1987) ! 3ity...O f Richmond -.City,,, Q;k%r.X.................... To ...................Palladium Publishing Corppration._........ Dr, (Governmental Unit) 1175 North A Street ....... Wayne ............••. County,Indiana Richmond, Indiana 47374 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) ............. number of equivalent lines 2 Head — number of lines """...... 9 Body — number of lines 2 Tail:— number of lines Total number of lines in notice 23 COMPUTATION OF CHARGES .... 2.3........... lines, .........vn®... columns wide equals ,..........3 .... equivalent a f35 $ .......... ............ lines at ....... 2.�........ cents per line Additional charge for notices containing rule or tabular work """""""•.............. A50 per cent of above amount) Charge for extra proofs of oublication ($1.00 for each proof in excess of two) ............. . . . . . . $ TOTAL AMOUNT OF CLAIM "' • .. DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions ...I.... Size of quad upon which type is cast ..... Pursuant to the procisions and penalties of Ch. 155, Acts 1953, / I her by certify that the foregoing account is just and correct, that the amourif is gally ue, a r a wing just cr dits, that no pad of th ° e has been paid. s ............ . mq..' c o a 7 89 ...........................er ....................... 19 ...... .Tite ......... ......................... Coto 9 4°°Q�° PUBLISHER'S AFFIDAVIT O' Q�? s�r� State of Indiana 0=�1.2ti ° arJ r ss - p'JiQ.��rjor�c,°i o° ...... Wayne ...... County) Personally appeared before me, a notary public in and for said county and state, Rebekah Robb'Cashier the undersigned................................io, being duly sworn, says th$t he is ................ of the Palladium -Item a daily newspaper of general circulation printed and published in the ATTACH COPY OF English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the ADVERTISEMENT HERE printed matter attached hereto is a true copy, which was duly published in said paper for......1.... time ...... the dates of publication being as follows: ......................... .................. ............................... ........ ........................ I........................... Subscribed and sworn to before me this ..........7t ........ day of ......_............... 198... .... .....-................................... ... Marie, L. Thompson Notary Public My commission exires . Ja !4A:PY..1.5,..... AMENDMENTS to Sections (D), (D); (F), and (G). All changes underlined in each section, (B) For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. "CORPORATE AUTgORTTTES." The proper officials within the city whose duty it is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of members of its various departments and shall consist of at least three members appointed by the Mayor of said City. "FACT-FINDING PANEL." A panel of five persons, two selected by the corporate authorities of which at least one shall be a resident freeholder, two selected by the bargaining agent of which at least one shall be a resident freeholder. The fifth member shall be a professional arbitrator provided by the American the other four members. The panel members shall not be employees of the city or members of any of its departments, boards, or commissions. (D) It shall be the obligation of the city, acting through its corporate authorities to meet and bargain in good faith with the representatives of the bargaining agent beginning First day of (F) The Fact-finding Panel shall be selected within five days from the date of request referred to in (E) above. The bargaining agent and the corporate authorities shall each select and name two fact -finders and shall immediately thereafter notify each other in writing of the names and addresses of the persons so selected. The four fact -finders so selected and named, shall, within five days from and after the expiration of the five-day period hereinbefore mentioned, select and name a fifth fact -finder from a list supplied by the American Arbitration Association. This person shall serve as Chairman of the Fact-finding Panel. Reasonable fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the City. (G) The Fact-finding Panel shall, acting through its Chairman, call a hearing within five days after the date of the appointment of the Chairman, and shall, acting through its Chairman, give at least seven days notice in writing to each of the other four fact -finders, the bargaining agent, and the corporate authorities of the time and place of the 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 relevant by the fact -finders may be received in evidence. The Fact-finding Panel shall have access to all books, records, and other evidence relative or pertinent to the issues presented to them for the purpose of determining the facts and the submitting of recommendations. The hearing conducted by the Fact-finding Panel shall be concluded within ten days of the time of commencement, and within five days after the conclusions of the hearings, the panel shall make written findings and written recommendations upon the issues presented, a copy of which shall be presented to the bargaining agent and the corporate authorities at a public meeting. Any hearings held by the Fact-finding Panel must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations they make are public record open to public inspection provided by any applicable statute relating to factfinding in connection with public collective bargaining, 939 South loth Street Richmond, IN 47374 May 11, 1989 To Whom It May Concern: The proposed ordinance, to replace amended section 33.05 of themunicipalcode for the City Of Richmond, will make this important section valid and enforceable. An enforceable fact-finding ordinance is important to any civil city that desires continual harmony between the corporate authorities and the employees of various city departments. i 9-ill `1►: 11: — � a +Ig1531-IegO„IegO$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO.31-1989 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday, June 12, 1989 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE NO, 31-1989-AN ORDINANCE REPLACING AMENDED SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND.[ All parties interested in or affec`ed by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Mary Merchanthouse[ City Clerk[ Publish Date June 2, 1989[== AN ORDINANCE REPLACING AMENDED SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND. (A) The protection of the public health, safety, and welfare demands that the members of any civil city employees group in the civil city shall not be accorded the right to strike or engage in any work stoppage or slowdown. This necessary prohibition does not, however, require the denial to municipal employees of other well - recognized rights of labor, such as the right to organize, to be represented by a labor organization of their choice, and the right to bargain collectively concerning wages, rates of pay, and other terms and conditions of employment. (B) For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. "CORPORATE AUTHORITIES." The proper officials within the City whose duty it is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of members of its various departments and shall consist of at least the Mayor, city Controller, and the President of the Common Council. (�.�. "FACT-FINDING PANEL." A panel of five persons, two selected by the corporate authorities of which at least one shall be a resident freeholder, two selected by the bargaining agent of which at least one shall be a resident freeholder. The fifth member shall be a resident freeholder of the city, and shall be selected by majority of the other four members. The panel members shall not be employees of the city or members of any of its departments, boards, or commissions. ORGANIZED EMPLOYEES GROUP,"" Any department which may be established pursuant to the law of, this state and whose organized members represent a majority of the regular employees of the department. (C) The bargaining agent for any department selected by a majority of the members of the department shall be exclusive bargaining agent for all of the department unless and until recognition of the organization is withdrawn by vote of a majority of its members. (D) It shall be the obligation of the city, acting through its corporate authorities to meet and bargain in good faith with the representatives of the bargaining agent beginning 120 days prior to the introduction of the annual operating budget ordinance. /,,E ,1—. - t /,1.�.a.. (E) In the event that the 0bargaining agent and the corporate authorities are unable within 60 days from and including the date of their first meeting, to reach an agreement on wages, salaries, hours, and working conditions, any and all unresolved issues shall, upon request of the corporate authorities or the bargaining agent, be submitted to the Fact-finding Panel. (F) The Fact finding Panei shall be selected within five days from the date of request referred to in (E) above. The bargaining agent and the corporate authorities shall each select and name two fact -finders and shall immediately thereafter notify each other in writing of the names and addresses of the persons so selected. The four fact - finders so selected and named, shall, within five days from and after the expiration of the five-day period hereinbefore mentioned, select and name a fifth fact -finder. This person shall serve as Chairman of the Fact-finding Panel. (G) The Fact-finding Panel shall, acting through its Chairman, call a hearing within five days after the date of the appointment of the Chairman, and shall, acting through its Chairman, give at least seven days notice in writing to each of the other four fact - finders, the bargaining agent, and the corporate authorities of the time and place of the 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 relevant by the fact -finders may be received in evidence. The Fact- finding Panel shall have access to all books, records, and other evidence relative or pertinent to the issues presented to them for the purpose of determining the facts and the submitting of scommendations. The hearing conducted by the Fact-finding Panel shall be concluded within five days after the conclusions of the hearings, the panel shall make written findings and written recommendations upon the issues presented, a copy of which shall be presented to the bargaining agent and the corporate authorities at a public meeting. Any hearings held by the Fact-finding Panel must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations they make are public record open to public inspection provided by any applicable statute relating to fact-finding in connection with public collective bargaining. (H) The Corporate authorities shall within five days after the receipt of the formal report of the Fact-finding Panel, -establish final negotiation meetings with the bargaining agent for a final effort to resolve issues. Fact, evidence, and recommendations of the Fact-finding Pan I shall then be binding upea—f#e- pasties vR dispute -and shall form a part of th for i nce passed by a majority vote of the Common Council. (1) The Fact-finding Panel shall conduct the hearing and render their decisions upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the bargaining agent and the corporate authorities. The factors among others to be given weight by the Fact-finding Panel shall include but not be limited to: Interest and welfare of the general public and taxpayers: (2) Comparison of wages, rates, or hourly conditions of public employment with prevailing wage rates of hourly conditions in private industry and commerce for similar positions and skill levels, together with all other benefits as pensions, insurance and so forth; (3) Comparison of peculiarities of employment in regard to other trades of professions, specifically; (a) Hazards of employment; (b) Physical qualifications; (c) Educational qualifications; (d) Mental qualifications; (e) Job training and skills. (J) All matters which have been agreed upon by the parties, excepting budgetary items which must be passed by ordinance of the Common Council, shall be reduced to writing and shall be effective for the period agreed upon by the parties. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this day of , 1989. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of ,1989. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of , 1989. Mayor ATTEST: City Clerk