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HomeMy WebLinkAbout11-455OCTOBER 11, 2011 11 -455 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INTERGOVERNMENTAL COOPERATION AGREEMENT FOR IMPARTIAL HEARING OFFICERS INITIATED BY: ADMINISTRATIVE SERVICES / LEGAL DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement for Intergovernmental Cooperation for Impartial Hearing Officers between the cities of Appleton, Menasha, Neenah, Oshkosh, and Fond du Lac, Wisconsin is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 5 903 -1130 City of Oshkosh c OIHKO.IH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: October 6, 2011 RE: Resolution to Approve Intergovernmental Agreement for Impartial Hearing Officer BACKGROUND One of the requirements of 2011 Act 10, commonly referred to as the "Budget Repair Bill," was the development of a grievance procedure for municipalities which do not have a civil service system. This grievance procedure must contain procedures for a hearing before an impartial hearing officer. ANALYSIS Upon passage of Act 10, the cities of Oshkosh, Appleton, Neenah, Menasha, and Fond du Lac began investigating the options available for compliance with the requirement that grievance procedures provide for a hearing before an impartial hearing officer. Amongst the options for complying with this requirement is the hiring of outside counsel to conduct the hearings. The City Attorneys for these cities met and determined that there exists the opportunity for the cities to reduce costs and operate more efficiently by providing the option to exchange services of the attorneys to serve as impartial hearing officers for the other municipalities. This agreement would allow any city that is a party to the agreement and in need of an impartial hearing officer to contact another city that is a party to the agreement and request the services of an attorney to act as an impartial hearing officer. There would be no fee for the services of the attorney to act as the hearing officer; however the requesting city would be responsible to pay for reasonable costs for travel and actual expenses. This agreement does not require the services of one of the attorneys but simply provides that option should the city need an impartial hearing officer and determine that this would be appropriate in a given circumstance. .1 FISCAL IMPACT There is no direct fiscal impact from passage of this resolution. If the City of Oshkosh is requested to provide services to another municipality, there may be some indirect cost of the attorney's time. If the City would use the services of another attorney under this agreement, the City would be responsible for travel costs for that attorney; however it is anticipated that these costs would be less than hiring outside counsel or outside arbitrators to conduct the grievance hearings. RECOMMENDATION Staff recommends approval of the agreement. Respectfully Submitted, Approved: lI g ew o Lynn A . Lorenson Mark A. Rohloff City Attorney City Manager INTERGOVERNMENTAL COOPERATION AGREEMENT IMPARTIAL HEARING OFFICERS This Intergovernmental cooperation Agreement is made pursuant to Section 66.0301, Wisconsin Statutes by and between the Cities of Appleton, Menasha, Neenah, Oshkosh, and Fond du Lac, Wisconsin (the Cities). WHEREAS, the Cities have reviewed the requirements of §66.0509 (lm), Wisconsin Statutes, as created by 2011 Wisconsin Act 10 which mandates that grievances regarding discipline, terminations and workplace safety issues must be heard before an impartial hearing officer. WHEREAS, the Cities have investigated the costs involved in hiring outside counsel to conduct these hearings, and determined that there exists an opportunity for the Cities to reduce costs and operate more efficiently; and WHEREAS, the Cities have determined there would be a mutual benefit to all entities if they were to enter into this Agreement; and NOW, THEREFORE, BE IT RESOLVED that the Cities mutually agree on the terms and conditions of an Intergovernmental Agreement for use of personnel to serve as impartial hearing officers, as follows: FOR GOOD AND VALUABLE CONSIDERATION, including the mutual covenants contained herein, the Cities hereby enter into the following agreement pursuant to Section 66.0301, Wisconsin Statutes: 1. INTENT. The intent of this Agreement is to set forth the responsibility of the parties for the exchange of the services of the attorneys in the Cities' legal departments to serve as impartial hearing officers for personnel grievances as required by §66.0509 (lm). 2. SERVICES. That any City that is party to this Agreement shall from time to time be in need of impartial hearing officers to comply with the statutes, and each City that is a party to this agreement shall be able to contact the in -house legal department of any other City to request the services of an attorney for said hearings and request such services (the "Requesting City "). The City receiving the request ( "Responding City ") will endeavor to provide assistance but may refuse the request if for any reason it is not able to provide the assistance as requested. The Requesting City shall be responsible for paying all costs associated with the hearing. 3. FEES. No fees shall be charged for the services of the attorneys employed by the participating Cities. The Requesting City shall be responsible for the reasonable out -of- pocket travel costs, including mileage at the IRS rate, for the attorney from the Responding City. The Responding City shall be responsible for paying the wages of and covering workers compensation claims of its attorney responding to the request for aid under this agreement. 4. INDEMNIFICATION. The Cities agree to mutually indemnify, defend and hold harmless each other and their officers, officials, employees and agents from and INTERGOVERNMENTAL COOPERATION AGREEMENT IMPARTIAL HEARING OFFICERS Page 1 against any and all liability, loss, damage expense, costs (including attorney fees arising out of this agreement), caused in whole or in part by any negligent act or omission of any of them, anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the Cities. 5. CLAIMS ARISING FROM THE HEARING. For purposes claims subject to Wis. Stat. § 893.80, personnel from the Responding City, while acting in response to a request for assistance under this agreement, shall be deemed employees of the Requesting City. 6. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Wisconsin. 7. MODIFICATION. This Agreement may be amended or modified only by written instrument duly executed by the parties. 8. NOTICES. Any notice required hereunder shall be given in writing signed by the party giving notice, personally delivered or mailed by certified or registered mail, return receipt requested to the parties' respective addresses as set forth below. City of Appleton ATTN: City Clerk 100 North Appleton Street City of Oshkosh Appleton WI 54911 ATTN: City Clerk 215 Church Avenue City of Menasha P.O. Box 1130 ATTN: City Clerk Oshkosh WI 54903 140 Main Street Menasha WI 54952 City of Fond du Lac ATTN: City Clerk City of Neenah 160 South Macy Street ATTN: City Clerk P. O. Box 150 211 Walnut Street Fond du Lac WI 54936 Neenah WI 54956 9. COUNTERPARTS. This Agreement may be executed in any number of counterparts each of which shall be deemed an original. 10. BENEFIT, BINDING EFFECT. This agreement shall inure to the benefit of and be binding upon the parties hereto, provided, however, that a party's interest in this Agreement may not be assigned or transferred voluntarily, involuntarily or by operation of law without the prior written consent of the other party. 11. TERM. This Agreement shall remain in full effect until terminated by mutual agreement of the parties. Said term shall not prevent any participating City from withdrawing from this agreement by providing 30 days written notice to all other participating Cities. [SIGNATURES ON FOLLOWING PAGE] INTERGOVERNMENTAL COOPERATION AGREEMENT IMPARTIAL HEARING OFFICERS Page 2 Dated this day of , 2011. CITY OF APPLETON By: CITY OF MENASHA By: CITY OF NEENAH By: CITY OF OSHKOSH By: CITY OF FOND DU LAC By: J: \WORD \et \Draft Impartial Hearing Officers INTERGOVERNMENTAL COOPERATION AGREEMENT.doc INTERGOVERNMENTAL COOPERATION AGREEMENT IMPARTIAL HEARING OFFICERS Page 3