Covered in this presentation Collective Bargaining, Meet & Confer for Firefighters An Overview of the New State Mandates in SB

Transcription

1 Covered in this presentation Collective Bargaining, Meet & Confer for Firefighters An Overview of the New State Mandates in SB Kevin Bommer, CML Deputy Director June 20, 2013 Background General requirements Legislative declarations Meet & confer Vote to obligate collective bargaining (CB) Legal and constitutional issues Background SB , the Colorado Firefighter Safety Act, concerning collective bargaining by firefighters, was signed into law on June 5 by Gov. John Hickenlooper Became law immediately upon signature First time in state history - state seeks to dictate how collective bargaining must happen and how it is chosen locally CML opposed the SB 25 on the grounds that the state should not interfere in local personnel matters, elections, matters of local/municipal concern Disclaimers Opposition to SB 25 had little to do with collective bargaining This overview is not a legal analysis Members should consult with appropriate staff in their respective communities on whether and how to implement provisions of SB 25, and any other related actions General requirements Declares collective bargaining a matter of statewide concern and establishes a right to collective bargaining for firefighters Mandates a meet and confer requirement on employers of two or more paid firefighters General requirements Mandates a prescriptive framework for collective bargaining on employers of 24 or more paid firefighters through a petition and election process outside of traditional municipal initiative procedures and affiliated statutory protections. Guarantees several rights for firefighters, including the right to fully participate in the political process of their public employers 1

2 Legislative declarations in general Declarations establish policies of the State of Colorado Often used to declare a matter of statewide concern Courts often pay attention to legislative intent but are not bound by it Strife and unrest among firefighters occurs without CB; creates an associated risk to public safety Unresolved disputes harm the public, the employer, and the firefighters Experience has proven strife and unrest are removed, public safety assured when firefighters have the right to bargain over compensation, hours, and terms and conditions of employment Declares CB a matter of statewide concern Equates the existence of mutual aid agreements with statewide concern Ability to coordinate and cooperate is critical to effective fire protection and disaster response. Policies of the State of Colorado necessary to mitigate and eliminate certain substantial obstructions to public safety : Protect the exercise by firefighters of full freedom of association, self-organization, and other mutual aid or protection Encourage and promote the practice and procedure of collective bargaining Protect the right of firefighters to choose representatives & right to participate in the political process while off duty & not in uniform Obligate public employers to enter into collective bargaining agreements if approved by voters Obligate meet and confer with firefighters on issues of safety, equipment, and non-compensatory matters. Declaration of statewide concern Cites a 1977 Colorado Supreme Court decision to declare that CB is a matter of statewide concern affecting public safety and general welfare Multiple Supreme Court decisions that touch on the issue of public sector CB 2

3 Declaration of statewide concern Case cited Issues related to an initiated charter amendment in a home rule municipality Whether or not the binding interest arbitration component of the charter amendment was constitutional. Not cited - case law declaring personnel matters of home rule municipalities are matters of local/municipal concern Meet & Confer requirement Public employers must meet and confer with firefighters, if requested, unless CB agreement already exists Must allow a discussion of policies and other matters related to their employment Excludes only compensation Includes terms and conditions of employment Broadly defined Includes all matters affecting the employment of firefighters except the budget and organizational structure of the public employer. Meet & Confer requirement Vote to require collective bargaining Employer must recognize employee organization if it requests meet & confer Employee organization can include supervisors Petition circulated and signed by 75% of firefighters Notice given to employer without requirement to verify petition or form of notice Unless voluntary agreement to grant CB, allows petitions to be circulated in order to cause an election Petition form, signature requirements, circulation timeframes, verification of signatures, etc. not required. Only requirement: 5% of votes cast in previous general election. Vote to require collective bargaining Language inserted in conference committee Any other requirements in charter or ordinance Possible avenue for home rule municipalities to require any votes comply with existing municipal initiative statutes Special districts, authorities options not as clear State mandates all aspects Any opportunity for local voters to modify the agreement is stripped Only changing state law could allow for any ability to change a local issue No apparent ability for a municipality, fire authority, or fire protection district to deviate from the mandated language 3

4 Exemptions: Fire agencies with few than 24 paid firefighters Home rule municipalities with CB currently in their charter Volunteers/clerical staff not covered Part-time firefighters count toward total All aspects prescribed by statute: Definitions Establishment of the employee organization as the exclusive representative of the employees Obligation to negotiate in good faith Collective bargaining agreement terms Main constitutional/legal issues Impasse resolution procedures Strike prohibition with no associated consequences Exemption for existing collective bargaining agreements in home rule charters Treatment of existing bargaining relationships Firefighter/employee organization right to sue Home rule Personnel Elections TABOR Statutory prohibitions on unfunded mandates Colorado Constitution Art. XX, Sect. 6 Home rule municipalities have supreme authority in areas of local and municipal concern. What constitutes local and municipal concern subject to significant scrutiny over the years Two key areas The creation and terms of municipal officers, agencies and employments; the definition, regulation and alteration of the powers, duties, qualifications and terms or tenure of all municipal officers, agents and employees. All matters pertaining to municipal elections in such city or town 4

5 Supreme Court previously held that the State of Colorado cannot interfere with the power of home rule municipalities to determine conditions of employment for their employees. Does not give relief to statutory municipalities, special districts, or local fire authorities. Taxpayers Bill of Rights (TABOR) Section 9 of TABOR states that a local district may reduce or end its subsidy to any program delegated to it by the general assembly for administration. Language is not clear Case law is somewhat poor Statutory prohibition ( C.R.S.) Allow any local government to ignore any state mandated program or procedure, with some exceptions, that is unfunded. Includes but is not limited to: Program mandates which result from orders or conditions specified by the state as to what activity shall be performed, the quality of the program, or the quantity of services to be provided; and Procedural mandates which regulate and direct the behavior of any local government in providing programs or services, including, but not limited to, reporting, fiscal, personnel, planning and evaluation, record-keeping, and performance requirements. Combining with TABOR may establish a substantial limit on the ability of the state to mandate new programs or procedures on all local governments unless funded What s next? Administrative Legal options 2014 legislative session Expansion to other public employees Further legislation on this section Clean-up Responses to employers Questions? Contact info: Kevin Bommer, Deputy Director (303) (866) kbommer@cml.org 5