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<br /> "'Ill <br />e 25C <br /> 7/27/70 <br /> 1 <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 <br /> 'I <br /> Councilman Mohr explained that the Council was pro~osing to file a petition for declaratory judgment, I <br /> rather than a lawsuit. <br /> I <br />I Mr. McDonald returned to the meeting., I <br /> i <br /> " <br /> II <br /> There was further discussion about the propriety of the request for declaratory judgment. II <br /> II <br /> 'I <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 <br /> 'I <br /> I, <br /> , <br /> II <br /> Mayor Anderson reminded Mr. Jensen that, in his statement, he had indicated the futility of further I: <br /> I' <br /> II negotiation. II <br /> I <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 <br /> " <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 <br /> i <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. <br />- <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. <br /> I <br /> I Short break taken. <br /> , / <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 <br /> i <br /> ! for a $10,000 limitation on cities for advertising purposes. If there is a problem, <br /> I it will have to be resolved. <br /> i <br /> I The committee has recommended funds be allocated as follows: <br /> II <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 <br /> I <br /> , programs (Request was for $18,000) <br /> I <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: <br /> Ii . <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 <br /> ,I " <br /> i: -,._..~ <br /> I: 7/27/70 - 4 <br /> :' ..... <br />