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HomeMy WebLinkAboutMin 08-13-69MINUTES OF THE MEETING AUGUST 13, 1969 OF THE COUNCIL OF THE CITY OF UKIAH 289 The City Council convened in regular session in the Council Chambers at 8:01 p.m. with Cyril Hill, Mayor pro rem; Councilmen Scott, Crook and Norgard present. Mayor Henderson was absent. APPROVAL OF MINUTES On a motion by Councilman Crook, seconded by Councilman Norgard, it was unanimously carried the minutes of the meeting of August 6, 1969, be approved as corrected. ISSUANCE OF CARNIVAL BUSINESS L ICE,~,,ISE APPROVED (ATLAS GREATER SHOWS) The City Manager reported receipt of a request from Atlas Greater Shows for a business license to operate a carnival at the 12th District Fairgrounds August 21 - 24, 1969. Police investigation resulted in satisfactory reports, with relatively minor problems reported concerning the employees. However, it was felt that this was not a fair basis for denial of the license. The City Manager recommended authorization for issuance of the business license. On a motion was unanimou license to A by Councilman Scotto, seconded by Councilman Crook, it sly carried the Council approve the issuance of a business tlas Greater Shows as recommended. DISCUSSION OF EMPLOYEE PROGRAM City Manager of the City of Police Officer Business Repre meet and confe and pending ne ing conditions City Manager a read a letter dated August 12, 1969, from the Presidents Ukiah Employees Association and the City of Ukiah s Association. Said letter designated Mr. Doug Emmans, sentative of the Operating Engineers Local Union #3 to r with the representative of the City on all future gotiations regarding wages, fringe benefits and work- . An agenda, attached to said letter was read by the s follows: "Discussion by the City of Ukiah Employees Association and Police Association representative to: a) Establish a Council appointed negotiator. b) Establish a date for negotiations to commence. c) Establish a date for negotiations to cease. d) Establish fact if City budget is finalized and such pending negotiations produce an economic package, the City budget will be reopened to provide for such economic package." An undated petition had been presented to the City Manager's office containing62 signatures with an identical petition containing 5 additional names being presented to the City Manager immediately before the Council meeting. Petition reading as follows: "To Whom It May Concern: We the employees of the City of Ukiah, delegate to Doug Emmans the right to confer and negotiate on our behalf in all matters of collective bargaining, with the City of Ukiah." City Manager reported none of the signatures have been verified but in the event all are valid, this would constitute a majority of the total employees. He also stated that for the benefit of the Council as well as for the employees and the union representative, there should be some clarification regardin9 the signatures on the petition since it was his understandin9 the impression amon9 the employees was that the petition would not be opened by his office nor would it be seen by the Council. However, the petition was submitted to the City Manager's office alon9 with the aforementioned letter in sealed envelopes addressed to the City Manager. The City Manager stated he 29O MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH AUGUST 13, 1969 - PAGE 2 accepted the fact it is within the right of employees to petition in the manner in which they have and that this action is above criticism. Council had questions regarding the status of the Employees Association and the Police Officers Association with re- gard to the request that Mr. Emmans be their representative. City Manager stated, in his opinion, the petition was a request for recognition from the two organizations, signed by a portion of the employees of the two groups. Mr. Harold Sumner of the Operating Engineers Local Union No. 3 was recognized and referred to Sections 3502 and 3506 of the Government Code stating the two organizations would continue on a dual membership basis even if representated by the union and further stated that in accordance with said code, the employees may belong to as many organizations as they choose. ~r. Sumner expressed concern with the situation in small cities inasmuch as, in his opinion, we are on the verge of state-wide police union and his intent is to furnish a plan to fit the economics of the town. Mr. Emmans was recognized an(] stated the intent of the letter sub- mitted to the City Manager, reviewed in detail the agenda stated previously, and stated a majority of the employees are supporting the statement on the petition. He again stated the employees felt that they were not treated fairly and that they have asked that he meet and confer in good faith with the Council. He stated he is not opposed to a formal procedure as suggested by the City ~4anager. The request is that the Council appoint one with whom said union can negotiate; if this is not possible, to meet and confer with the Council; and if this is not successful, the matter will be brought to a mediator. The City Manager referred to City Attorney opinions contained in two memorandums dated August llth and 12th regarding employee or.gani- zations. Various questions were asked by the Council to clarify points made in said memorandums. City Manager stated that prior to any immediate action it is necessary for the Council to consider a course of action setting forth a formal method of procedure for both immediate and future use inasmuch as there are ri§hts on the part of the employee and rights and obligations on the part of the Council. Councilman Crook requested that it be a matter of record that he has negotiated in good faith throughout all the sessions to determine salary policy for the coming year. He further stated the employees' negotiators were recognized at said sessions, but because their request was not granted, does not mean the Council did not negotiate. lnt expr peri Coun by s he Council discussion of a proposed method of procedure, Council essed an obligation not only to those employees who signed the tion, but also to those who did not sign. Therefore, general oil agreement was that the matter of representation be determined ecret ballot as suggested in the City Attorney's memorandum. Hr. Sumner, at this point asked if the secret ballot election referred to would be a NLRB type election. He referred to a League of California Cities bulletin in this regard, stating that he had read it thoroughly and hoped the Council was not thinking of this type election as it may be ruled illegal. MAYOR HE~..!DERSON ARRIVED AT THIS POINT - 8:42 p.m. Mr. Sumner requested a cop ferred to during the discu formation contained therei with relations to employee only. It was his recommen buted unless the Council i City Attorney recommendati y of the City Attorney's memorandums re- ' ....... ssions. The City Attorney stated the in- n was a work product of the City of Ukiah s and for the information of the Council dation that said memorandums not be distri- ndicated otherwise. Council agreed-with the on. 291 MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF UKIAH AUGUST 13, 1969 - PAGE 3 On a motion by Councilman Norgard, seconded by Councilman Scotto, i't was unanimously carried the City Manager and City Attorney be directed to prepare for Council consideration in two weeks, a form procedure for recognizing employee groups to negotiate regarding wages, fringe benefits, and working conditions and procedure for all following steps. Mr. Sumner and Mr. Ray Carlson, President of the City of Ukiah Employees' Association requested a copy of said procedure. It was stated this will be a matter of public record and available to them as soon as it becomes public record. 1970-70 BUDGET The City Manager distributed copies of the 1969-70 budget with all revisions previously discussed and approved by the Council. The equalized assessment values of the City for the fiscal year 1969-70 as shown by the assessment rolls of the County of Mendocino were also included in the budgets distributed to the Council. The effect of the home owners property tax exemption and how it effects the City will be determined and a report given to the Council next week. COUNCILMAN CROOK Council Crook welcomed Mayor Henderson after his absence due to illness. MAYOR HENDERSON Mayor Henderson stated he was indeed glad to be back at the Council meeting, that he would not occupy the Mayor's chair for a period of time, but would be attending as many meetings as possible. APPROVAL OF COUNTY CHAMBER OF COMMERCE REQUEST Mr. Jamieson, Manager of the County Chamber of Commerce was recognized and stated that he was again requesting that the Council consider including their requested funding in the current City budget. On a motion by Councilman Scotto, seconded by Mayor Henderson, it was carried by the following roll call vote that the County Chamber of Commerce budget be reinstated in the City budget in the proper amount. AYES: Councilman Scotto, Mayor Henderson, and Mayor pro tem Hill. NOES: councilmen Crook and Norgard. ABSENT: None. Mayor Henderson made a statement regarding his position in the above matter. ADJOURNMENT At 9..04 p.m. the Council adjourned to executive session.  '"~ MAYOR' PRO TEM ATTEST: . / CITY CLERK