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..
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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