Drafter
Clerk 07/27/2010
title
AN ORDINANCE proposing to amend Section 890 of the King County Charter and to add a new Section 897 of the King County Charter, to designate the county sheriff as the county's bargaining agent on all department of public safety issues except for compensation and benefits; submitting the same to the voters of the county for their ratification or rejection at the November 2010 general election; and requiring the executive and the sheriff to submit a joint proposal to the council for legislation to facilitate implementation of the charter amendment if it is approved by the voters.
body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. Section 890 of the King County Charter specifies the county executive as the bargaining agent of the county. The county executive has authority over collective bargaining for department of public safety and other departments on all issues, including contract terms related to wages, hours, benefits and working conditions.
B. The county sheriff, a separately elected official, currently has input, but no authority to bargain contract provisions with represented employees of the department of public safety.
SECTION 2. There shall be submitted to the qualified voters of King County for their approval and ratification or rejection, at the next general election to be held in this county occurring more than forty-five days after the enactment of this ordinance, an amendment to Section 890 of the King County Charter and the addition of a new Section 897 to the King County Charter, as set forth herein:
Section 890. Employee Representation.
The county council may enact an ordinance providing for collective bargaining by the county with county employees covered by the personnel system. If an ordinance providing for collective bargaining is enacted, it shall not be subject to the veto power of the county executive; and, except with respect to bargaining by the county with employees of the department of public safety pursuant to Section 897 of this charter, it shall designate the county executive as the bargaining agent of the county. Any agreement reached as a result of negotiations by the county bargaining agent with county employees shall not have the force of law unless enacted by ordinance.
Section 897. Department of Public Safety Employee Collective Bargaining.
The county council may enact an ordinance providing for collective bargaining by the county with employees of the department of public safety. The county executive shall not have veto power over this ordinance. If such an ordinance is enacted, it shall designate the county sheriff as the bargaining agent of the county on all department of public safety matters except for compensation and benefits, which shall be negotiated by the county executive as provided in Section 890 of this charter. Any agreement reached as a result of negotiations by the county sheriff or the county executive with employees of the department of public safety shall not have the force of law unless enacted by ordinance.
SECTION 3. The clerk of the council shall certify the proposition to the manager of the elections division, in substantially the following form, with such additions, deletions or modifications as may be required by the prosecuting attorney:
Shall the King County Charter be amended to allow the King County Sheriff to serve as the county's collective bargaining agent for all department of public safety issues except for compensation and benefits, which would continue to be bargained by the county executive?
SECTION 4. Within ninety days after certification that the charter amendment in section 2 of this ordinance has been approved by the voters, the county executive and the county sheriff shall submit to the county council a joint proposal for legislation establishing a process of consultation and collaboration between the executive and the sheriff in advance of collective bargaining negotiations concerning employees of the department of public safety. The process shall be designed to promote successful implementation of the charter amendment by identifying and resolving any disagreements between the county executive and the county sheriff concerning the division of bargaining authority, the positions to be taken on issues expected to arise during collective bargaining or other matters that have the potential to interfere with collective bargaining. The process shall provide that the county executive and the county sheriff shall promptly submit a confidential, detailed, written report to the chair of the county council and the chair of the council's labor policy committee describing any such disagreement that the executive and the sheriff are unable to resolve. The process shall further provide that neither the county executive nor the county sheriff shall propose or agree to the inclusion of language in any collective bargaining agreement concerning employees of the department of public safety without conferring with one another, except in regards to compensation and benefits.
1