Article 4 — IMPASSE PROCEDURES

If the meet-and-confer process has reached impasse, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the employee relations officer. The purpose of such meeting shall be:

A.

To review the position of the parties in a final effort to reach agreement on a memorandum of understanding; and

B.

If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided in this article.

(Ord. 97-4 §1(part), 1997).

A.

Impasse procedures are as follows:

If either of the parties demand to submit the dispute to mediation, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

If the parties fail to resolve the dispute through mediation within fifteen days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding.

If the parties agree on fact-finding, they may agree on the appointment of one or more fact-finders. If they fail to so agree on one or more fact-finders, a fact-finding panel of three shall be appointed in the following manner: one member of the panel shall be appointed by the employee relations officer, one member shall be appointed by the exclusively recognized employee organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall select by agreement the third member from one or more lists of seven names of individuals having fact-finding experience in the municipal sector to be provided by the State Conciliation Service.

B.

The following constitute the jurisdictional and procedural requirements for fact-finding:

The fact-finders shall consider and be guided by applicable federal and state laws.

Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations:

a.

First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities. "Total compensation" shall mean all wage compensation including, but not limited to, premium, incentive, minimum, standby, out-of- class and deferred pay; all paid leave time; all allowances, including, but not limited to, educational and uniform benefits; and employer payments for all health, welfare and pension benefits.

b.

The fact-finders shall then adjust the results of the above comparisons based on the following factors:

i.

The compensation necessary to recruit and retain qualified personnel,

ii.

Maintaining compensation relationships between job classifications and positions within the city,

iii.

The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average consumer price index for goods and services, and the pattern of change in wages and compensation of other wage earners.

c.

The fact-finders shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the city to implement them.

d.

In assessing the city's financial resources, the fact-finders shall be bound by the following:

i.

Other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the city council,

ii.

Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period,

iii.

Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year,

iv.

Assurance of sufficient and sound budgetary reserves, and

v.

Constitutional, statutory limitations on the level and use of revenues and expenditures.

The fact-finders shall make written findings of the facts and recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the employee relations officer and the designated representative of the exclusively recognized employee organization. If these parties have not resolved the impasse within ten days after service of the findings and recommendations upon them, the fact-finder or the chairperson of the fact-finding panel shall make them public by submitting them to the city clerk for consideration by the city council in connection with the council's legislative consideration of the impasse.

C.

If mediation was not successful and if the parties did not agree on fact-finding, or having so agreed, the impasse was not resolved, the city council may take such action regarding the impasse as it, in its discretion, deems appropriate in the public interest. Any legislative action by the city council on the impasse shall be final and binding.

(Ord. 97-4 §1(part), 1997).

The costs for the services of a mediator and fact-finder or chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding shall be borne equally by the city and the exclusively recognized employee organization. The cost for a fact-finding panel member selected by each party and other separately incurred costs shall be borne by such party.

(Ord. 97-4 §1(part), 1997).