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2002-123-RES APPROVE/AUTHORIZE CITY ATTORNEY TO SEEK JUDICIAL CLARIFICATION OF BALLOT PROPOSITIONS REGARDING MINIMUM PAY PURSUANT TO SECTION 141.034 OF LOCAL GOVERNMENT CODE RESOLUTION NO. 2002-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE CITY ATTORNEY TO SEEK A JUDICIAL CLARIFICATION OF BALLOT PROPOSITIONS PRESENTED TO THE CITY OF PARIS REGARDING MINIMUM PAY FOR VARIOUS CLASSIFICATIONS OF FIREFIGHTERS IN THE CITY OF PARIS PURSUANT TO SECTION 141.034 OF THE LOCAL GOVERNMENT CODE; AUTHORIZING THE CITY ATTORNEY TO RETAIN SPECIAL LEGAL COUNSEL AND UNDERTAKE OTHER ACTIONS AS THE CITY ATTORNEY SHALL DEEM NECESSARY AND APPROPRIATE RELATED TO JUDICIAL CLARIFICATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 141.034 of the Texas Local Government Code authorizes qualified voters of a municipality with a population of more than 10,000 to petition the governing body of said municipality to increase the minimum salary of each member of the fire department, for each rank, pay grade, or classification; and, WHEREAS, on June 13,2002, the City Clerk ofthe City of Paris, Paris, Texas, a home rule city of a population in excess of 10,000, received a petition filed pursuant to said Section 141.034 seeking increases in the minimum salaries of stated members of the Paris Fire Department; and, WHEREAS, the City Clerk of the City of Paris, as the duly designated election official of said City, reviewed the petition to verify the required number of qualified voters, equal to at least 25 % of the voters who participated in participated in the most recent municipal election, had signed said petition; and, WHEREAS, the City Clerk, based on advice received from the Office of the Secretary of State ofthe State of Texas, Elections Division, found and determined that the most recent election for purposes of Section 141.034 of the Local Government Code to determine the sufficiency of signatures was the last city-wide election, the same having been conducted on January 20, 1996, and also found and determined that the number of qualified voters who participated in the said election was 901; and, WHEREAS, the City Clerk ofthe City of Paris, Paris, Texas, further determined that 25 % of said voters would be equal to 225 voters and that the petition as filed pursuant to Section 141.034 contained the signatures of 424 qualified voters; and, WHEREAS, as a result of said determination, the City Clerk of the City of Paris, Paris, Texas, has certified to the City Council of the City of Paris, Paris, Texas, that the petition referenced herein contains the number of qualified voters required by Section 141.034; and, WHEREAS, Section 141.034 of the Texas Local Government Code authorizes the governing body to 1) adopt the proposed minimum salary stated in the petition; 2) offer an alternative minimum salary proposal pursuant to the state statute; or 3) call an election on the proposed minimum salary as provided by state law; and, WHEREAS, the City Council desires to appoint a City Council subcommittee, in conjunction with City staff members, as the designated subcommittee to participate in negotiations with the committee of petitioners designated in the aforesaid petition, subject to certain parameters and limitations stated herein, with any action negotiated between the petitioners and the City Council subcommittee to be subject to final approval by the City Council; and, WHEREAS, following the review of the petition presented by the aforesaid petitioners, and having sought the advise and direction of the Secretary of State of the State of Texas, Elections Divisions, the City Attorney has determined that, pursuant to Section 141.034, as interpreted in those cases styled Arenas v Board of Commissioners of the City of McAllen, 841 SW 2d 947 (Tex. Civ. App. - Corpus Christi, 1992); In Re Bailey, 975 SW 2d 430 (Tex. Civ. App. - Waco, 1998); and In Re Link, 45 SW 3d 149 (Tex. Civ. App. - Tyler, 2000), the ballot proposition as presented in the aforesaid petition is defective in that it calls for an election on the minimum salary for classifications of certain firefighters which do not exist within the current classification system for the City of Paris; and, WHEREAS, the City of Paris is a Civil Service City pursuant to Chapter 143 ofthe Texas Local Government Code and as such is obligated to pay the same minimum base pay for all civil service employees in the same pay classifications; and, WHEREAS, Section 141.034 provides for an election on minimum salary for existing pay classifications, and not for the creation of new classifications; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to conduct a lawful election on the aforesaid minimum salary propositions, and is concerned that inclusion of classifications not existing in the current system and not authorized by Section 141.034 of the Texas Local Government Code will affect the lawfulness of the aforesaid election; and, WHEREAS, the City Council of the City of Paris is, by separate resolution, calling for an election to be held consistent with State law on the aforesaid petition, to include only those pay classifications as authorized under the City's current pay classification, conditioned, however, upon including in the aforesaid election other pay classifications not existing should the City be so ordered by a court of appropriate jurisdiction; and, WHEREAS, the City Council desires to authorize the City Attorney to retain legal counsel if necessary and seek a judicial determination, by declaratory judgment, injunctive relief, or other necessary and appropriate means, to assure that the election is held pursuant to Section 141.034 only on those pay classifications as otherwise authorized by State law, and not subject to those pay classifications as are not authorized by previous act of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Attorney be, and he is hereby, authorized to retain special counsel if necessary and to seek a judicial clarification and determination as to the appropriate ballot propositions to be placed before the voters of the city of Paris on a pay petition filed seeking an increase in the minimum salaries of the various classifications of firefighters for the City of Paris pursuant to Section 141.034 of the Texas Local Government Code. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of July, 2002. ~~~ ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: