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<br />e 25C
<br /> 7/27/70
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<br />I have not been willing to accept this interpretation, or to submit the matter to the
<br /> Public Employe Relations Board for determination of the bargaining unit. There are
<br /> some other questions about the charter amendment which will need resolution, and
<br /> these could also be considered.
<br /> Mrs. Hayward moved seconded by Mr. Mohr to authorize the administration to proceed with
<br /> preparation for declaratory judgment. Motion carried.
<br /> Mr. Teague moved seconded by Dr. Purdy to approve Items 2 and 3 of the Committee report. I
<br /> Mr. Gary Jensen, attorney for the Firefighters, commented on the wording of the motion. He said
<br /> there were legal objections to the action proposed, and he was in opposition to such a motion.
<br /> He stated that the Charter Amendment had. been passed by the voters of the city, and such a
<br /> il law suit would be flying in the face of the voters determination. Mr. Jensen said he would
<br /> provid the City Attorney's office with a memo of the firefighters position, and he did not believe
<br /> II the Council should decide on this motion antil such a memo was received.
<br />e Councilman Mohr asked how, on grounds of propriety, a charter amendment, passed by the voters, II
<br /> which was found to have administrative difficulties, coald be remedied. Mr. Jensen could not II
<br /> answer, but felt a lawsuit should be the last resort. II
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<br /> Councilman Mohr explained that the Council was pro~osing to file a petition for declaratory judgment, I
<br /> rather than a lawsuit.
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<br />I Mr. McDonald returned to the meeting., I
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<br /> There was further discussion about the propriety of the request for declaratory judgment. II
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<br /> Jensen said a letter of intent to begin negotiating had been sent to Council members, and II
<br /> Mr. II
<br /> he felt these matters could be ironed out. The bargaining unit should be decided pursuant to Ii
<br /> rules and regulations. ,I
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<br /> Mayor Anderson reminded Mr. Jensen that, in his statement, he had indicated the futility of further I:
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<br /> II negotiation. II
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<br /> I City Manager said the Charter Amendment had ind~cated bargaining agents, but did not say for whom
<br /> they were bargaining. As representatives of the City Council, staff had questioned this, and
<br /> had, suggested that PERBBwas the logical body to determine the bargaffirlting unit. This was not
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<br /> acceptable to representatives of the firefighters and they suggested the matter be resolved by ;'
<br /> court action. It was on this recommendation that the matter was brought to the Council. The Manager's
<br /> office would be ha~py to meet,' with them. The management had offered to continuengargaining on other ~:
<br /> I items while this matter' was being determined but were denied the opportunity. ::
<br /> Mr. Jensen again said a lawsuit would not be the proper resolumion to the problem, and he felt
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<br /> I good faith bargaining could proceed.
<br /> In answer to Mayor Anderson's question whether bargaining could proceed on other items, Mr. Jensen
<br /> said he would have to discuss this with members of the firefighters. He 'said the firefighters had I
<br />I requested a special council meeting August 3, 1970 to discuss th~se matters. ,
<br /> Councilwoman Hayward said the Council was again in the throes of having to resolve difficulties
<br /> between the administration and firefighters, and she did not choose to be put in that position. The
<br /> eity Manager had been designated as Council representative in matters of bargaining with employes,
<br /> and he must be permitted to continue in that regard. She pointed out that proceeding with prepar-
<br /> ation of a suit did not necessarily mean the Council would find it necessary to continue with it,
<br /> !' but if their agent had requested this tool, the Council should allow him to have it.
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<br /> Vote taken on motion as stated. Motion carried.
<br /> Mr. McDonald moved seconded by Mr. Teague that the City Manager be authorized to file a declaratory
<br /> I judgment without further Council authorization. Motion carried.
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<br /> I Short break taken.
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<br /> I 4. Room Tax Allocation Committee Recommendations - City ~anager explained that the City
<br /> i Attorney has advised him there may be some problem with' the statute which provides
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<br /> ! for a $10,000 limitation on cities for advertising purposes. If there is a problem,
<br /> I it will have to be resolved.
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<br /> I The committee has recommended funds be allocated as follows:
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<br /> II 1- $6,000 as reimbursement to the City for funds expended in administration
<br />I of the program.
<br /> I 2. $15,000 to Eugene Area Chamber of Commerce for tourist and convention
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<br /> , programs (Request was for $18,000)
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<br /> II 3. $2,500 to Eugene Symphony Association toward operational costs "
<br /> Ii 4. $4,000 to Eugene Parks and Recreation Department to be allocated as follows:
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<br />e Ii a. $1,000 Eugene Community Orchestra (Request was for $1,000)
<br /> It b. $2,000 Drop.:..in C.!;:}:rlteJ'.~,and Summer Recreation Program (Request was
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<br /> I: 7/27/70 - 4
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