08/16/1976 Meeting - Laserfiche WebLink

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city ordinance may exceed the penalty prescribed by state law for the violating conduct" . Mr. Etter commented he would favor omitting the limitation from the charter, leaving it to the discretion of the City Council. Mrs. Beal concurred, but Mr. Williams felt it would be unwise to drop the limitation, thinking it .- could raise an argument. Mr. Long said that, in some instances, the city can provide different or greater penalties than the state and some latitude should be maintained. He would prefer deletion of the section. Mrs. Shirey moved seconded by Mr. Murray to delete Section 48. Motion carried, all council members present voting aye except Mr. Williams voting no. Manager stated that the staff and union organizations have worked out both a charter amendment and an ordinance, which should be adopted at about the same ti me . It was the consensus that both should become effective in time for this fall's collective bargaining. Regarding the section on collective bargaining, the staff and union representatives have met with council subcommittee. Personnel Director Gary Long said that AFSCME has raised some slight objections to material in the August 6 letter which will be revised. He noted too that the charter language deletes procedural statements in the original charter amendment and prescribes certain matters shall be governed by ordinance. Gary Long said the only other change is on impasse procedures, costs shall be mutually shared. He said the ordinance is comprehensive, that they looked to state and federal procedures because they anticipate federal grants may have attached requirements about collective bargaining. Other modifications on impasse procedures are that police and fire are treated as under state law - they do not have the right to strike but rather to submit disputes to binding third party decisions. The only other binding matter would be work stoppage which would injure public health and safety. a Mayor Anderson said he was impressed with the amount of work going into the document, plus the cooperation between staff and union representatives. Red Smith, AFSCME, 3095 Floral Hill Dirve, said they have a concern relating to the charter itself. It specifies that fire and police cannot strike, and it allows non-health and safety employees to strike. The union is not convinced that is proper procedure. It feels strongly that, if necessary, a binding 3rd party decision should come down. He acknowledged that those points could be handled in ordinance form, however. He noted the ordinance will go through the regular procedure of public input and, at that time, if problems arise, there can be a work session. Mr. Marshall noted that Section 41 on Freeways says notice shall be published in a newspaper with the largest general circulation publiShed in the city; Section 43 says that notice shall be published in one or more newspapers of general circulation printed in the city. He wondered about that ambiguity. Mr. Etter said the difference in wording was carried over from the former charter provisions. He added, too, that on Section 41, if the Oregonian has the largest circu~ation in Eugene, notice would have to be printed in that paper. No council member felt the necessity to reconcile these differences. Mr. Keller moved seconded by Mr. Hamel to call a special council meeting for Noon, Monday, August 16, to set an election date of September 21 e to consider the charter revision. Mrs. Shirey asked if Council would reconsider the question of future council and mayor pay. Mr. Williams said he does not think Council ever made a decision on that - the voters did. He feels to resurface the issue now would be unwise, that it should be handled separately. Mayor Anderson agreed. 'i18 8/16/76 - 3