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HomeMy Public PortalAbout038-1984 - ORDINANCE AMENDING SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY REQUIRING THAT ANY HEARING HELD BY A FACT FINDING PANEL IN THE CITYAMENDED ORDINANCE NO. 38-1984 AN ORDINANCE AMENDING SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND REQUIRING THAT ANY HEARING HELD BY A FACT-FINDING PANEL IN CITY EMPLOYEE NEGOTIATIONS MUST COMPLY WITH THE PUBLIC HEAPING REQUIREMENTS OF INDIANA CODE, I.C. 5-14-1.5-6.5. WHEREAS, Indiana Code, I.C. 5-14-1.5-6.5 requires: SECTION 6.5. Whenever a governing body, or any person or persons authorized to act for a governing body, meets with an employee organization, or any person or persons authorized to act for an employee organization, for the purpose of collective bargaining or discussion, the following apply: (1) Any party may inform the public of the status of collective bargaining or discussion as it progresses by release of factual information and expression of opinion based upon factual information. (2) If a mediator is appointed, any report he may file at the conclusion of mediation is a public record open to public inspection (3) If a factfinder is appointed, any hearings he holds must be open at all tunes for the purpose of permitting members of the public to observe and record them. Any findings and recommendations he makes are public records open to public inspection as provided by I.C. 20-7.5-1-13 (e) or any other applicable statute relating to factfinding in connection with public collective bargaining, and, WHEREAS, Section 33.05 of the Richmond City Code provides for a fact-finding panel in the event the bargaining agent and corporate authorities are unable to reach an agreement on wages, salaries, hours, and working conditions; and, WHEREAS, Section 33.05 of the Richmond City Code needs to reflect the provisions of Indiana Code, I.C. 5-14-1.5-6.5. NO,J THEREFORE BE IT ORDAINED by the Common Council for the City of Richmond, Wayne County, Indiana, That Section 33.05 (G) of the Richmond City Code be amended as follows: (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 6hall, acting through its Chairman, give at least seven days notice in t,riting 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 five days after the conclusion of the hearings, the panel shall make written findings and a written recommendation 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 tunes for the purpose of permitting members of the public to observe and record them. Any findings and recommendations he makes are public records open to public inspection provided by any applicable statute relating to factfinding in connection with public collective bargaining. That Section 33.05 (H) be added to the Richmond City Code as follows: (H) The Corporate authorities shall within five days after the receipt of the formal report of the Fact-finding Panel, establish final neg- otiation meetings with the bargaining agent for a final effort to resolve the issues. Fact, evidence, and recorrtnendations of the Fact- finding Panel shall then be binding upon the parties in dispute and shall form a part oT,the ordinance passed by Common Council, unless so modified or rejected by at least 2/3 vote of the entire membership of the Common Council. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana thisY'7� day of 1984. r sident of omm n C ncil ATTEST:City glerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this2,?Wday of 1984. City Cl k APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this3na( day of , 1984. ORDINANCE NO. 38-1984 AN ORDINANCE AMENDING SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND REQUIRING THAT ANY HEARING HELD BY A FACT-FINDING PANEL IN CITY EMPLOYEE NEGOTIATIONS MUST COMPLY WITH THE PUBLIC HEARING REQUIREMENTS OF INDIANA CODE, I.C. 5-14-1.5-6.5. WHEREAS, Indiana Code, I.C. 5-14-1.5-6.5 requires: Sec. 6.5. Whenever a governing body, or any person or persons authorized to act for a governing body, meets with an employee organization, or any person or persons authorized to act for an employee organization, for the purpose of collective bargaining or discussion, the following apply: (1) Any party may inform the public of the status of collective bargaining or discussion as it progresses by release of factual information and expression of opinion based upon factual information. (2) If a mediator is appointed, any report he may file at the conclusion of mediation is a public record open to public inspection. (3) If a factfinder is appointed, any hearings he holds must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations he makes are public records open to public inspection as provided by I.C. 20-7.5-1-13 (e) or any other applicable statute relating to factfinding in connection with public collective bargaining. and, WHEREAS, Section 33.05 of the Richmond City Code provides for a fact-finding panel in the event the bargaining agent and corporate authorities are unable to reach an agreement on wages, salaries, hours, and working conditions; and, WHEREAS, Section 33.05 of the Richmond City Code needs to reflect the provisions of Indiana Code, I.C. 5-14-1.5-6.5. NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of Richmond, Wayne County, State of Indiana, That Section 33.05 (G) of the Richmond City Code be amended as follows: (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 conclusion of the hearings, the panel shall make written findings and a written recommendaiton 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 he makes are public records open to public inspection provided by any applicable statute relating to factfinding in connection with public collective bargaining. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1984. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of , 1984. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of , 1984. ATTEST: City Clerk Mayor -2- COMMON COUNCIL VOTING RECORD IRDINANCE:-2 INE MORRIS 'ELSTRO WI.LL'IAMS OCKBANU HANKINSON HWHITESELL PARKER BCOIKER LEMOINE flELSTRO.. )ATE: ........... ........... ................ H ...... Susp. rules, —1st read, 'itle only ............ .......... ...... .......... Seconded )Of ...Of PublicatioPublicationI ......... .......... .......... �........ . .......... .......... .......— dove to 2nd read. . ......... ...... .1 ..........I. ........ engrossment ... ................✓......... I ...................... ..!ded............. ljsp. rules, 3rd read. i-itle only ............ I .............. ..... i..................... ........ .......... ..................... "IYENDED i — ....... ........... I ............... ............... �Seconded ITABLED ............. .................... ........ ................ ...... ....... ASSAGE ........... ..... ... ............... iiEJECTTONI PARKER IN mw�,: S ELSTRO JAMS !,f4�100KBANK �!,AWINSON�WHITL ELL BOOIKER �-FWIN. . .......... spend Rules tle only ........ ........... . �BLED ............... .... ......... ........ ....... ......... ......... MoVedfOr Adoption ..... ......... Seconded CITY OF RICHMOND OF RIC'y �p 50 NORTH FIFTH STREET u _ Z RICHMOND, INDIANA 47374 TELEPHONE (317) 966-5561 June 1, 1984 Mr. Jack Elstro, President Member of Common Council RE: ORDINANCE NO, 38-1984 Dear Mr. Elstro and Members of Common Council, FRANK H. WALTERMANN M-O R KENNETH E. BARDEN CITY ATTORNEY Ordinance No. 38-1984 was an attempt to conform the provisions of the Richmond City Code with the requirements of Indiana Code I.C.5-14-1.5-6.5. This ordinance has been bogged down with supplementary amendments. There has been a question% asked as to what effect it would be if this ordinance wasnot passed. It is the opinion of the City Attorney that if Ordinance No. 38-1984 is defeated that)nevertheles's, factfinding hearings held pursuant to the City Code must still comply with the public hearing requirements of Indiana State Statute since State Statute will supersede the City ordinance. I hope this answers any questions thatthe Council may have. Sincerely, Kenneth E. Barden City Attorney KEB/bd