Fail: 9,853 / 43.86% Yes votes ...... 12,612 / 56.14% No votes

See Also: Index of all Measures

YES
NO

Meaning of Voting Yes/No

A YES vote on this measure means:

A "yes" vote would establish binding arbitration.

A NO vote on this measure means:

A "no" vote would retain existing City procedures.

This measure, if approved, would add a new City Charter section requiring binding arbitration on unresolved labor issues between the City of Santa Clara ["City"] and the Santa Clara Police Officers' Association and the Santa Clara Firefighters' Association [collectively "Public Safety Employees" or "PSE"].

Under existing law, the City is required to negotiate in good faith with its employee organizations about wages, hours, and other terms and conditions of employment ["labor issues"]. In the event that the parties cannot agree, an impasse exists. Currently, the City Council has discretion on how to respond to impasse situations. Past practice has included directing further negotiations, voluntary mediation and/or City Council imposition of terms and conditions discussed during negotiations.

After an agreement has been reached between the City and its employee organizations, the current process authorizes the City Manager to ultimately resolve disputes regarding the interpretation or application of existing labor agreements ["grievances"]. This measure would eliminate the City Manager's grievance resolution authority.

If the measure is approved, instead of the City Council resolving impasses with PSE, the labor issue dispute would be submitted to binding arbitration ["interest arbitration"]. This measures also requires establishment of binding arbitration for grievances ["grievance arbitration"]. This measure would also prohibit the City from eliminating or changing any existing benefits or conditions of employment for PSE unless the change was either (1) the result of a negotiated agreement or (2) a decision resulting from the arbitration procedure.

The measure would provide for a three-member Board of Arbitrators ("Board") to hear interest arbitration or grievance arbitration. City and PSE would each select one arbitrator. The third arbitrator would be selected pursuant to the procedures set forth in the measure. The third arbitrator would serve as the neutral arbitrator and as the chairperson of the Board.

The arbitration provisions of the California Code of Civil Procedure would apply. At the conclusion of the arbitration hearings, the Board would direct each of the parties to submit a last offer of settlement on each issue in dispute. The Board would decide each disputed issue by selecting whichever party's last offer of settlement on that issue the Board finds most nearly conforms with (1) the salary and benefits of the other designated public agencies for its public safety employees and (2) those factors traditionally considered in the determination of labor issues including, but not limited to, consideration of inflation, the financial condition of the City and the City's ability to meet the cost of the binding arbitration award.

The parties would have ten days after the Board's decision to mutually agree upon any modifications to the award. At the end of the ten-day period, the award, including any modifications agreed upon, would be publicly disclosed and become binding on the parties. No voter or City Council approval would be required.

A "yes" vote would establish binding arbitration. A "no" vote would retain existing City procedures.

Prepared by Michael R. Downey, City Attorney

City of Santa Clara

City of Santa Clara Charter

Committee to Protect Fire and Police Services Yes On Measure B

FPPC:1265036

At this time there are no known opponent webpages

San Jose Mercury News

Measure B is about one thing and one thing only; a fair decision making process for our police officers and firefighters. It's not about wages, hours or working conditions...it's about fairness for our public safety officers.

Public safety officers need binding interest arbitration because it's the right thing to do. Currently when there is an unresolved dispute during negotiations, and the issue cannot be resolved, the City's final decision will be imposed on the police officers and firefighters. The City's decision cannot be appealed.

All other Santa Clara City employee bargaining units have the right to exercise one last step...the strike. Police officers and firefighters are prohibited by law from going on strike, and rightly so.

Santa Clara's citizen's safety is too important to jeopardize with a strike. Police and firefighters cannot strike; therefore there is no recourse to resolve disputes fairly.

Our police officers and firefighters deserve to have a fair process that provides a level playing field. Measure B will provide that fair and impartial process to resolve disputes.

The arbitration process provided by Measure B does not guarantee that our public safety officers will win every time. But it gives them a fair chance, a chance they don't have now.

Vote to give our police officers and firefighters a fair system to settle disputes, they deserve it for putting their lives on the line for us every day.

We ask for your YES vote on Measure B. Give our dedicated police officers and firefighters a fair system to settle disputes.

/s/ Elaine Alquist
State Senator

/s/ Gary Niblock
President Santa Clara Firefighters IAFF Local 1171

/s/ Edward C. Rose
Assistant Fire Chief SCFD (ret.)

/s/ Lisa M. Gillmor
Businesswoman/Former Santa Clara City Council Member

/s/ Patrick Nikolai
President, Santa Clara Police Officers Assoc.

Firefighters and police officers are well paid in Santa Clara because we value their service and commitment. They are among the highest paid in their professions, have great benefits and can retire after thirty years at 90% of their salaries for life.

The fire and police departments already use more than 50% of the city's operating budget. More money allocated by an arbitrator will cut into other services such as the senior center, parks and recreation, street maintenance and library.

Fairness in the negotiation process is mandated by state law. In the last quarter century Santa Clara has never imposed a contract on the police and fire departments. Under the current system, fire and police employees have ALWAYS been treated fairly.

When asked, fire and police cannot identify a single current issue on which they have been treated unfairly. So why are they paying for this measure? To tilt an already fair negotiations process in their favor.

Fire and police can ask the arbitrator to overrule any decision + including deployment and staffing. You elected your City Council and Police Chief to make these decisions, and they have historically done the right thing.

Proponents of this measure say binding arbitration is not about wages, benefits and working conditions. Read the measure! It is only about wages, benefits and working conditions. Nothing else.

Fire and police wrote and paid for Measure B for exactly these issues.

Protect your tax dollars - Maintain local control - Vote NO on Measure B.

/s/ Aldyth Parle
Former Council Member

/s/ Donald "Manny" Ferguson
Former Police Chief, City of Santa Clara

/s/ Judy Boccignone
Former City Clerk, City of Santa Clara

/s/ Don Callejon
Former Superintendent of Schools and Board Member

/s/ Ed Rowen
Chair, Santa Clara Citizens Advisory Committee

Don't put your City services and tax dollars at risk!

Passage of Measure B will take away final authority from your Elected City Council, Elected Police Chief and Fire Chief to control wages, benefits, and day-to-day operating procedures for Police Officers and Firefighters.

AN OUTSIDE ARBITRATOR SHOULD NOT DECIDE:

• How to spend your tax dollars.

• How to staff the Police and Fire Departments.

• What hours and days of the week employees work.

• How much the City should pay its public safety employees.

• How City services are delivered to residents and businesses.

• Employee grievances.

Those in favor of binding arbitration say this is a matter of fairness. Santa Clara taxpayers through their elected officials have always been fair to these employees. Santa Clara Police Officers and Firefighters rank among the highest paid public safety employees in the Bay Area. After four years on the job police officers earn $107,076 and Firefighters earn $100,452 annually plus generous benefits and retirement.

Binding arbitration is costly. Highly paid arbitrators will decide issues. The elected City Council and voters having NO say in the spending of your tax dollars. An arbitrator's award can reduce the money currently available for senior and youth programs, care of your parks, maintenance of your streets and your City library.

Your NO vote will retain local control of these issues.

• Don't change the City Charter and take control away from your City Council . . . . . . . . . . . .VOTE NO on B
• Don't let three outside Arbitrators control your Police and Fire . . . . . . . . . . . . . . . VOTE NO on B
• Don't jeopardize City Services . . . . VOTE NO on B

/s/ Steve Lodge
Police Chief, City of Santa Clara

/s/ Bill Gissler
Former Mayor, City of Santa Clara

/s/ Don Von Raesfeld
Former City Manager & Council Member, City of Santa Clara

/s/ Robert Ricks
Chair, Board of Directors, Santa Clara Chamber of Commerce

Measure B is about providing a fair decision making process for police and firefighters.

Over 3,000 Santa Clara citizens signed the petitions to place arbitration on the ballot to provide for a fair decision making process to settle disputes for police officers and firefighters.

The City Council voted to place the arbitration measure on the ballot because they thought the citizens should exercise their democratic right to decide.

The opponents say that arbitration will cause reduction in City services.

• The truth is that no California City that uses arbitration has reduced or eliminated services due to arbitration.

• The truth is that the City Council and Manager retain control by appointing the City's representative on the arbitration panel.

• The truth is that the arbitrator must consider the financial condition of the City and the City's ability to meet the cost of the arbitration award.

Please vote YES on Measure B. Yes for a fair decision making process for your firefighters and police officers.

/s/ Elaine Alquist
State Senator

/s/ Patrick Kolstad
City Councilmember

/s/ Edward C. Rose
Assistant Fire Chief SCFD (ret.)

/s/ Patrick Nikolai
President Santa Clara Peace Officers Association

/s/ Gary Niblock
President Santa Clara Firefighters IAFF Local 1171

Article XI, Sec. 1109. Binding Arbitration for Fire and Police Department Employee Disputes

(a) BINDING ARBITRATION + DECLARATION OF POLICY. It is hereby declared to be the policy of the City of Santa Clara that strikes by fire fighters and police officers are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.
(b) PROHIBITION AGAINST STRIKES. No City of Santa Clara fire fighter or police officer shall willfully engage in a strike against the City. Any such employee against whom the City brings charges of failing to report for work as part of a strike shall be subject to dismissal from his or her employment in the event the charges are sustained upon conclusion of the proceedings that are required by law for the imposition of disciplinary action upon said employee.
(c) OBLIGATION TO NEGOTIATE IN GOOD FAITH. The City of Santa Clara through its duly authorized representatives, shall negotiate in good faith with recognized employee organizations of the City of Santa Clara Fire Department and the City of Santa Clara Police Department on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of disputes concerning the interpretation or application of any negotiated agreement. Unless and until agreement is reached through negotiations between the City of Santa Clara and a recognized employee organization representing Bargaining Unit 1, which includes, but may not necessarily be limited to, the classifications of Firefighter, Driver/Engineer, Fire Captain, Fire Paramedic, Deputy Fire Marshal and Assistant Training Officer, or between the City of Santa Clara and a recognized employee organization representing Bargaining Unit 2, which includes, but may not necessarily be limited to, the classifications of Police Officer, Police Sergeant, Police Lieutenant and Police Recruit, or determinations are made through the arbitration procedure hereinafter provided, no existing benefits or conditions of employment for said fire department or police department employees shall be eliminated or changed.
(d) IMPASSE RESOLUTION PROCEDURES. Notwithstanding any other provision in this Charter, all disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City of Santa Clara and a recognized fire department employee organization or police department employee organization which represents the bargaining unit classifications set forth in subsection 1109(c) above, shall be submitted to a three-member Board of Arbitrators upon the conclusion of impasse proceedings (utilizing the impasse procedures in place on June 6, 2006) by the City and the recognized employee organization.

Representatives designated by the City of Santa Clara and representatives of the recognized employee organization involved in the dispute shall each appoint one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and employee organization, and shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Mediation and Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) to act as the third arbitrator, they shall alternately strike names from the list of nominees until one name remains and that person shall then become the third arbitrator and chairperson of the Arbitration Board.

Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Arbitration Board shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Arbitration Board, in the exercise of its discretion, may meet privately with the parties and mediate or mede-arb issues in dispute. The Arbitration Board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process.

At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Arbitration Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment, including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City of Santa Clara and its ability to meet the cost of the award.

After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board, incorporating any amendments or modifications agreed to by the parties, shall be publicly disclosed and shall be binding upon the parties. The City of Santa Clara and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the final Arbitration Board award and incorporate any amendments or modifications agreed to by the parties as provided above.

The expenses of any arbitration convened pursuant to this article, including the fee for the services of the Chairperson of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.