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MEMORANDUM
To: Mayor and City Council
From: Steve Fitzgibbonsity Manager
Date: September 2, 2011
Subject: Police Association and Fire Association Negotiations
As you know, the City Council appointed a negotiation team to
negotiate agreements with both associations. The open meetings act
does not allow bargaining strategy in closed session. Clearly,
bargaining strategy in open session is not realistic. City
Attorney Tizeno told me there could be a discussion in closed
session under potential litigation if we believed there was a
reasonable chance that there would be litigation involving the
bargaining. :L told Ms. Tizeno that I believed that the chance of
litigation involving bargaining was very slim. Based on that, Ms.
Tizeno did not feel an executive session under potential litigation
was justified.
It is my belief, based on the law and advice from the City
Attorney, that calling individual council members to discuss
association bargaining would likely be a violation of the open
meetings act. Therefore, I have not contacted any member of the
council to discuss association bargaining. Generally, the City has
brought recommended contracts to the Council for consideration
after the Associations have approved the proposed contracts. That
is also our plan this year.
SF:ts
Cc: Assistant City Manager /Administration
Assistant City Manager /Operations
City Attorney
City Secretary
Police Chief
Fire Chief
s.:ouncil memo