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2002-122-RES APPOINT CITY COUNCIL SUBCOMMITTEE TO ACT ON PETITION TO INCREASE MINIMUM SALARY OF MEMBERS OF PARIS FIRE DEPT RESOLUTION NO. 2002-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A CITY COUNCIL SUBCOMMITTEE TO ACT ON THE CITY COUNCIL'S BEHALF IN NEGOTIATIONS WITH A COMMITTEE OF PETITIONERS DESIGNATED IN A PETITION FILED PURSUANT TO SECTION 141.034 OF THE TEXAS LOCAL GOVERNMENT CODE TO INCREASE THE MINIMUM SALARY OF MEMBERS OF THE PARIS FIRE DEPARTMENT; AUTHORIZING NEGOTIATIONS REGARDING MINIMUM SALARY FOR SUCH MEMBERS OF THE FIRE DEPARTMENT AND OTHER ISSUES RELATED THERETO, SUBJECT TO APPROVAL BY THE FULL CITY COUNCIL; AUTHORIZING THE INVOLVEMENT OF THE CITY MANAGER, CITY FINANCE DIRECTOR, FIRE CHIEF, AND CITY ATTORNEY IN SAID NEGOTIA TIONS; SETTING CERT AIN PARAMETERS FOR SAID NEGOTIATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 141.034 of the 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 of the 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 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 of the 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 of the 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 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; 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, pursuant to Section 141.034 of the Texas Local Government Code, the City Council of the City of Paris, Paris, Texas, does hereby authorize participation in discussions with a committee of petitioners designated in the aforesaid petition, said participation to be conducted by a subcommittee of City Council members Michael J. Pfiester, Benny Plata, and Joe E. McCarthy, in conjunction with City Manager Michael E. Malone, City Finance Director W. E. Anderson, City Attorney Larry W. Schenk, and Fire Chief Ronnie Grooms, such negotiations and such meetings to be conducted in accordance with State law and pursuant to the limitations and conditions stated herein. Section 3. That negotiations shall be and are hereby authorized with the aforesaid committee of petitioners, such negotiations to discuss salary increases in an amount consistent with funding available to the City of Paris based on preliminary budgetary revenue and cost figures available to the City Manager and the City Finance Director, as certified by those officials; and provided further, that such pay adjustments as shall be offered shall be premised on the City's ability to pay in a percentage amount an equal salary adjustment for all other employees ofthe City of Paris; and provided further, that any and all salary adjustments so negotiated, if accepted by the committee of petitioners, shall be and are hereby subject to formal approval by the entire City Council of the City of Paris, otherwise to be of no force and effect. Section 4. That the aforesaid City Council subcommittee shall also be authorized to negotiate any and all other issues related to the conduct of any election on said petition, in lieu of an agreement regarding salary adjustments, and again subject to final approval by the entire City Council, including issues related to pay classifications to appear on the ballot, and the terms and conditions regarding any judicial clarification required or which may result incident to said election. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of July, 2002. ATTEST: ~ ~."'-~ ~,,"~I Mattie Cunningham, City Clerk APPROVED AS TO FORM: