Attachment C - Proposed Ordinance 8761

ORDINANCE 8761

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AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE REGULAR MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, THE QUESTION OF AMENDING THE BOULDER HOME RULE CHARTER TO ADD A NEW SECTION 73, “COLLECTIVE BARGAINING FOR FIREFIGHTERS,” CREATING A CHARTER GUARANTEED RIGHT FOR FULL-TIME FIRE DEPARTMENT EMPLOYEES TO BARGAIN COLLECTIVELY; SPECIFYING THE FORM OF THE BALLOT AND OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

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A regular municipal coordinated election is called to be held on Tuesday

November 3, 2026.

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Section 2.

At that election, a question shall be submitted to the electors of the city of

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Boulder entitled by law to vote that will allow voters to consider the creation of a new charter

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section that creates a guaranteed right for full-time fire department employees to bargain

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collectively. The full text of the new Charter section to be so submitted is as follows: Sec. 73. Collective Bargaining for Firefighters. (a)

Statement of policy: It is the policy of the city to promote the improvement of labor relations between the city and the members of the Boulder Fire Department and to protect the public health, safety and welfare by assuring at all times the orderly and uninterrupted operations and services of city government. Full-time fire department employees who are in the bargaining unit are hereby provided the charter-guaranteed right to bargain collectively concerning certain subjects with the city as employer through a recognized exclusive representative and a method for resolving impasses in such bargaining. The establishment of this method of impasse resolution shall be deemed to be a recognition of the necessity to provide an alternative mode of settling

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impasses where employees such as members of the Boulder Fire Department, as a matter of public policy, must be and are denied the ability to strike, and recognition that advisory fact-finding followed by a potential final vote of the citizens of the city is a fair impasse resolution method that allows the city to ultimately honor the will of its citizens.

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Further, it is the public policy of the city to achieve and maintain harmonious relations between the city and the firefighter bargaining unit described below, to provide for equitable adjustment of differences which may arise in this bargaining unit, and to address through collective bargaining firefighters’ terms and conditions of employment.

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(b)

Definitions.

Unless the context specifically indicates otherwise, the following words and phrases shall have the following meanings as used in this section: (1)

“Advisory fact finder” means the person agreed upon by the parties or appointed by the American Arbitration Association, its successor organization, or a similar organization agreed upon by both parties in accordance with subsection 73(h)(2).

(2)

“Bargaining unit” means all full-time firefighters employed by the city up through the rank of battalion chief, or any additional employee groups that the parties mutually agree should be included in the unit.

(3)

“Collective bargaining” means the performance of the mutual obligation of the city, through its designated representatives, and an exclusive representative to meet at reasonable times and places and negotiate in good faith with respect to terms and conditions of employment as defined below, to meet and negotiate in good faith any question arising under a collective bargaining agreement, and to execute a written contract incorporating any agreements reached, but the obligation to collectively bargain does not compel a party to agree to a proposal or require the making of a concession.

(4)

“Collective Bargaining Agreement” means an agreement negotiated between an exclusive representative and the city, including one accepted by the parties after advisory fact finding, in addition to any terms approved by the registered electors of the city pursuant to subsection 73(h)(8).

(5)

“Compensation” means base wages or salary; employer-paid health, accident, life, and disability insurance programs; employer-paid pension programs, including the amount of pension and contributions to the extent not controlled by law; deferred compensation; retiree health programs; paid time off; uniform and equipment allowances; and expense reimbursement.

(6)

“Employee organization” means an organization that admits firefighters employed by the city to membership and represents firefighters in collective bargaining.

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(7)

“Exclusive representative” means the employee organization recognized by the city pursuant to subsection 73(c).

(8)

“Firefighter” means an employee of the city whose primary duties are directly involved with the provision of fire protection or firefighting services or one who primarily provides emergency medical response with limited firefighting support duties. Firefighter does not include clerical personnel.

(9)

“Final offer” means the latest written offer made by an exclusive representative to the city and by the city to an exclusive representative at least seven days prior to the beginning of an impasse resolution hearing as described in subsection 73(h).

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(10) “Good faith” means an honest and sincere attempt to reach a mutually acceptable resolution of all issues in dispute through the bargaining process. The obligation to bargain in good faith requires, upon request, the exchange of information possibly relevant to the terms and conditions of employment of firefighters covered under this Sec. 73 or the interpretation or application of the terms of the collective bargaining agreement.

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(11) “Impasse” means a deadlock in negotiations between an employee organization and the city’s appropriate representative over any matters subject to collective bargaining.

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(12) “Strike” means the following concerted actions taken by members of a bargaining unit for any purpose including inducing, influencing, or coercing a change in the terms and conditions of employment, compensation, rights, privileges, or obligations of employment:

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(A) (B) (C) (D)

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Failure to report for duty; Willful absence from a position; Stopping or deliberately slowing work; and Withholding, in whole or in part the full, faithful, and proper performance of duties of employment.

(13) “Terms or conditions of employment” means matters related to safety, benefits, compensation, as defined in subsection 73(b), promotions, hours, leave, grievance procedures, procedures for the appeal of disciplinary actions, and all terms and conditions of employment, except those management rights identified in subsection 73(d).

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(c)

Selection and recognition of the exclusive representative. (1)

Members of the bargaining unit shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on the matters of wages, hours, benefits, and other terms or conditions of employment, as defined above. Because the International Association of

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Firefighter Local 900 (IAFF 900) represents the majority of firefighters in the bargaining unit, it is recognized by the city as the exclusive representative. The exclusive representative shall represent all firefighters in the bargaining unit without discrimination. The city shall not bargain about matters covered by this Sec. 73 with any firefighter or group of firefighters in the bargaining unit, or other exclusive representative of city firefighters unless such representative is selected by the bargaining unit pursuant to the process described in subsection 73(c).

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(2)

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Recognition pursuant to an election. (A)

Questions concerning the selection or removal of an exclusive representative may be raised by petition of any member of the bargaining unit or group of such, or organization representing or wishing to represent the fire department employees but only if such petition is signed by at least 33% of the bargaining unit. Such petition may be submitted at any time to the city clerk provided that in the event there is an exclusive representative then certified or recognized by the city, no petition may be filed until said certified or recognized exclusive representative has had twelve months in which to attempt to enter into a collective bargaining agreement with the city, unless said exclusive representative can be shown to have been initiated, created, or dominated by the city or persons acting on behalf of the city; and provided further that no petition may be filed during the term of an existing collective bargaining agreement, except during the last twelve months of such collective bargaining agreement.

(B)

When a proper petition is filed, the city clerk shall conduct a secret ballot of all members of the bargaining unit and certify in writing the results thereof to all parties involved. This secret ballot election will be conducted not less than fifteen nor more than thirty days from the date of filing the petition.

(C)

The exclusive representative selected by the majority of the members of the bargaining unit voting in an election conducted pursuant to this subsection (2) or recognized pursuant to subsection 73(c) shall be recognized by the city as the sole and exclusive representative for all members of the bargaining unit. An exclusive representative may be decertified by following the same procedures set forth in this section.

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(3)

Nothing in this Section prevents firefighters, individually or as a group, from presenting complaints to the city and from having complaints adjusted without the intervention of the exclusive representative for the bargaining unit in which they are included if: (A)

The exclusive representative is given an opportunity to be present at the adjustment and to express their views; and

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(B)

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(4)

The ability to adjust complaints as described in this subsection does not include the use of any process in a collective bargaining agreement to resolve grievances over the application and interpretation of the agreement.

(5)

Upon authorization by a firefighter in a bargaining unit represented by an exclusive representative, the city shall make payroll deductions from firefighters’ paychecks for membership dues and other payments to the exclusive representative in amounts established by the exclusive representative. The city shall transfer the money deducted and collected to the exclusive representative in a timely manner. The city shall begin the deductions upon the exclusive representative’s written request to the city. The right to receive payroll deductions remains in force as long as the employee organization remains the exclusive representative for the bargaining unit.

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(A)

The city shall honor the terms of the authorizations for payroll deductions made in any form that satisfies the requirements of the “Uniform Electronic Transactions Act,” Article 71.3 of Title 24, C.R.S.

(B)

A firefighter must make a request to cancel or change an authorization for payroll deductions in accordance with the terms of the authorization and must direct the request to the exclusive representative. The exclusive representative is responsible for processing the request in accordance with the terms of the authorization. The authorization must permit revocation no less frequently than one fourteen-day period per year.

(C)

An exclusive representative that notifies the city that it has and will maintain individual public employee authorizations is not required to provide a copy of an individual authorization to the city unless a dispute arises about the existence or terms of that authorization. A collective bargaining agreement entered into under this Section between the city and the exclusive representative shall include an indemnification provision that requires that the exclusive representative indemnify the city for damages resulting from an unauthorized deduction made in reliance on information provided by the exclusive representative.

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(d)

The adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect between the city and the exclusive representative.

Management Rights. While recognizing the legitimate rights of employees to be involved in decisions which affect them, the city nevertheless recognizes that on balance, certain decisions are more closely related to questions regarding the quality or level of service to the public rather than to conditions of employment. Accordingly, it is recognized that the employee's right to bargain collectively is limited and that the city may, but need not, negotiate over the following matters and such matters, insofar as they are considered to be permissive subjects of bargaining as opposed to mandatory, are not subject to the impasse procedure set forth below in subsection 73(h). Additionally, insofar as subsections 73(d)(4)

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and (5) mandate that the parties engage in a meet and conferral process, such process is also not subject to impasse proceedings as set forth in subsection 73(h).

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(1)

The decision to develop, enforce, modify or terminate any policy, procedure, manual or work method associated with the operations of the employer; provided, however, that such policy, procedure, manual or work method does not directly conflict with a term of the collective bargaining agreement;

(2)

The decision to hire and promote firefighters; provided, however, the process for promotion and requirements for promotion are mandatory subjects of bargaining.

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(3)

Decisions related to training needs, methods of training and firefighters to be trained;

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(4)

The decision to consolidate the location of operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations; provided, however, that impacts of such decisions are potentially subject to meet and conferral pursuant to subsection 73(f).

(5)

Decisions regarding use of technology and the introduction of new equipment; provided, however, that impacts of such decisions on the work conditions of the members of the bargaining unit are potentially subject to meet and conferral pursuant to subsection 73(f).

(6)

The decision to transfer, assign and schedule firefighters; provided, however, that shift scheduling and procedures for transfer and assignment are mandatory subjects of bargaining.

(7)

The decision to lay off firefighters for lack of work or funds; provided, however, that procedures used to implement such decisions are mandatory subjects of bargaining.

(8)

The decision to demote, suspend and discharge or otherwise discipline firefighters for just cause; provided, however, that the discipline process, criteria used to determine the appropriate level of discipline, and methods of appeal of disciplinary decisions are mandatory subjects of bargaining.

(9)

Decisions over the Department’s budget, organization, and the merits, necessity and level of any activity or service provided by the city; provided, however, that nothing contained in this subsection 73(d) or this paragraph (9) shall prohibit bargaining over minimum staffing requirements.

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(e)

Collective bargaining contract. (1)

Agreements reached by the representatives of the city and of the bargaining unit shall be set forth in a written contract prepared by them. A collective bargaining

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agreement entered pursuant to this provision is for a term of at least one year and no more than three years, beginning January 1 and ending December 31, unless the parties agree otherwise. An agreement between the parties regarding the overall term including the start date and end date of a collective bargaining agreement does not prevent the parties from agreeing on different implementation dates for individual provisions within the agreement itself. The start and the end date of the collective bargaining agreement may also be set as a result of a special election held pursuant to subsection 73(i). Any multi-year collective bargaining agreement will contain a non-appropriations clause collectively bargained by the parties to ensure compliance with Article X, section 20(4)(b) of the Colorado Constitution.

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(2)

Wherever wages, rates of pay or any other matters requiring appropriation of monies by the City of Boulder are to be included as matters of collective bargaining conducted under the provisions of this Sec. 73, it is the obligation of the exclusive representative to serve written notice of request for collective bargaining on the city by April 15.

(3)

The city and the exclusive representative shall begin collective bargaining for the purpose of creating a new collective bargaining agreement no later than June 15. If no party requests bargaining under this section by June 1 of the last year of an existing collective bargaining agreement, the agreement will continue for the next calendar year unless the parties agree to negotiate and reach a voluntary agreement on all terms of a new contract.

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(f)

Meet and confer.

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In order to maintain collaborative relations between the city and the employee organization, the parties agree to meet and confer about any other issues not otherwise subject to mandatory bargaining. This is a process by which the exclusive representative is given an opportunity to meet and confer with the city regarding the city’s exercise of certain management rights as defined in subsection 73(d) in order to allow the parties an opportunity to discuss and potentially agree upon ways to mitigate reasonably foreseeable detrimental effects on the bargaining unit caused by the city’s exercise of such management rights. The obligation by the city to engage in good faith meetand conferral in no way prevents the city from exercising its management rights or in any way obligates the city to agree to any proposed mitigation measure made by the exclusive representative. This obligation to meet and confer also only applies to the city in non-emergency situations. For purposes of this subsection and as provided for in subsection 73(d), an “emergency” is defined as a situation where the meet and conferral process would impose a diversion of city resources such that it would result in an imminent threat to public health, welfare and safety; significantly impact the city’s ability to provide or restore services in a timely manner; and/or reasonably expected to hinder the city’s recovery efforts. In such cases, the city’s good-faith obligation to engage in the meet-and-conferral process may be stayed until such emergency conditions have passed. Topics subject to meet and conferral are not subject to the impasse resolution proceeding in subsection 73(h). The parties shall include a formal process for meeting outside the bargaining window in the collective bargaining agreement.

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(g)

Facilitation assistance. It is recognized that from time to time, the bargaining teams of the parties may find it difficult to readily achieve agreement. Whenever it is deemed appropriate or beneficial to do so, the parties may engage the services of one or more experts, consultants, facilitators or mediators as they may jointly agree may benefit the process of reaching agreement on one or more items. It is specifically contemplated that the parties might engage individuals who have demonstrated knowledge or expertise in a given topic under discussion or skills and abilities in dispute resolution to serve as a facilitator, mediator or other assistant to promote the parties reaching a voluntary resolution. The parties will share fees and expenses of such individuals equally, unless otherwise agreed.

(h)

Impasse resolution.

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(1)

At any time after forty-five days from the date of the first bargaining session, either party may declare an impasse in negotiations.

(2)

Within five days after either party declares impasse, the parties shall notify the American Arbitration Association, or its successor organization or a similar organization agreed upon by the parties referred to in this section as the “arbitration organization” and request the arbitration organization to submit simultaneously to each party within in fourteen days an identical list of seven persons qualified to serve as an advisory fact finder. The parties may agree upon an advisory fact finder that is not on the list. Either party may request that such list include qualified advisory fact finders drawn from a national pool, as well as those who are qualified in Colorado. If such request is made the arbitration organization will supply a list that includes at least three candidates drawn from a national pool.

(3)

Within seven days, beginning with the city, the parties shall alternately strike one name from the list until one individual is selected. Upon completion of the selection process, the advisory fact finder shall have twenty-eight days in which to commence a hearing. A subsequent period of seven days shall be allowed for the conduct of such hearing, and the parties shall have seven days to submit briefs after the conclusion of the hearing. The advisory fact finder shall be given a period of up to twenty-one days following the conclusion of the hearing or submission of briefs, whichever is later, in which to render recommendations.

(4)

The hearing held by the advisory fact finder must be informal, and the rules of evidence prevailing in judicial proceedings are not binding. The advisory fact finder may receive into evidence any documentary evidence and other information deemed relevant by the advisory fact finder. The advisory fact finder may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records, and other evidence relevant to the issues presented for determination. If a person refuses to obey a subpoena, take an oath, or testify, or if any witness, party, or attorney is guilty of contempt while in attendance at a hearing, the advisory fact finder may, if requested, invoke the aid of the Boulder County Court and the court shall issue an appropriate order. The court may punish a failure

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to obey the order as contempt.

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(5)

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The advisory fact finder shall consider, weigh and be guided by the following criteria: (A) (B) (C)

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(D)

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(E) (F)

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(6)

The recommendation of the advisory fact finder on each issue subject for collective bargaining at impasse shall be either the final offer of the city or the final offer of the exclusive representative with respect to that issue. The advisory fact finder may not craft their own resolution to an outstanding issue subject for collective bargaining. The advisory fact finder shall state the reasons for the recommendations in reference to the factors found in this subsection.

(7)

The recommendations of the fact finder shall be advisory only. The parties have fourteen days after the issuance of the advisory fact finder’s decision to consider the recommendations and further negotiate the disputed issues. No later than the end of the fourteen-day period, each party shall notify the other party whether it accepts or rejects the recommendations on each of the remaining unresolved issues.

(8)

Nothing in this Sec. 73 prohibits or impedes the parties from continuing to bargain in good faith during impasse proceedings. If at any point in the advisory fact finding proceedings the parties are able to conclude the dispute, or any portion thereof, with a voluntarily reached agreement, the parties shall notify the advisory fact finder of the agreement, and the advisory fact finder shall terminate the proceedings or discontinue the consideration of an issue resolved by the parties’ agreement.

(9)

All fees and expenses related to advisory fact-finding will be shared equally by the city and the exclusive representative, except that each party shall be responsible for compensating its own representatives and witnesses.

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The lawful authority of the city; Stipulations of the parties; The interest and welfare of the public and the financial ability of the city to bear the costs involved; Comparison of the wages, hours, benefits and other terms or conditions of employment of the employees involved with the other employees performing similar services in public employment in comparable communities; Changes in the cost of living; and The overall compensation presently received by the employees including, direct wage compensation; vacation, holidays and other excused time; insurance and pensions; medical and hospitalization benefits; and all other benefits received.

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(i)

Special election. (1)

If either party rejects any of the recommendations, the final offers of the parties on all of the issues remaining unresolved shall be submitted as alternative single

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measures to a vote of the eligible electors of the city at an uncoordinated special election. The eligible electors shall select either the final offer of the city or the final offer of the exclusive representative, as presented to the advisory fact finder. Issues agreed to during the fourteen-day period specified in this subsection must not be included in the final offers submitted to the electors of the city. The party that refuses to accept the recommendations of the advisory fact finder shall pay the cost of the special election. If both parties refuse to accept the advisory fact finder’s recommendations, the parties shall pay the cost of the special election equally.

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(2)

The proposal receiving approval by a majority vote of the registered electors voting on the proposal(s) shall be deemed approved and be binding upon both parties. In the event that issues unrelated to the proposals contemplated by this Section are also to be decided upon in the same special election, then the employee organization shall pay only its proportionate share of the election expenses, if any. Such fees shall be placed into an escrow fund account at the time when the “notice of call of election” is published in the designated newspaper of general circulation.

(3)

The provisions of C.R.S. § 31-10-108, requiring at least ninety days between a special election and a regular municipal election is hereby superseded to authorize the holding of the special election provided for by this section whenever the City Council so authorizes.

(4)

If an agreement is reached after a special election has been scheduled as provided in this subsection and the election cannot be canceled or issues cannot be removed from the ballot, the votes on the final offers of the parties shall not be counted.

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(j)

Prohibited practices. (1)

It shall be an unfair employee relations practice and the same is hereby prohibited, for the city to interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Sec. 73; and to refuse to bargain collectively in good faith with representatives of an employee organization on matters within the scope of collective bargaining.

(2)

It shall be an unfair employee relations practice, and the same is hereby prohibited, for an employee bargaining unit, its representatives, agents, or members to interfere with, restrain, coerce, or threaten such action against employees who exercise the rights recognized or granted by this Section; provided, that expressing any views, argument or opinion shall not constitute an unfair employee relations practice if such expression contains no threat of reprisal, force, or promise of benefit or to refuse to bargain collectively with the city on wages, hours, fringe benefits and other terms or conditions of employment in the case of the employee organization.

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Prohibited practices enumerated herein shall be subject to suit for damages, injunctive relief, or other appropriate remedies.

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(k) Calculation of time and extension of time limits. For purposes of calculating the time periods included in this Sec. 73, days shall be calendar days starting the day following the event that triggers the period. Holidays and weekends shall be counted; however, when the last day falls on a day when city offices are closed, then the next following business day shall be the last day of the period. The parties may agree to extend any of the time limits specified in this section except the latest date for beginning bargaining pursuant to subsection 73(h). (l) Strikes prohibited. A firefighter or exclusive representative shall not strike. Nothing in this section limits or impairs the right of any firefighter to lawfully express or communicate a complaint or opinion on any matter related to terms and conditions of employment. Any person who violates this prohibition shall be subject to any of the following without limitation: reprimand, suspension or discharge; and, in the case of the employee organization representing fire department employees in collective bargaining, withdrawal of recognition, withdrawal of dues check-off authority, injunctive relief, suit for damages, and any other reasonable penalty or remedy. (m) Conflicts with city policy. Whenever there is a conflict between the terms of a collective bargaining agreement entered into between the city and the exclusive representative pursuant to this Section and a rule, executive order, procedure, policy or any ordinance of the city, which is applicable only to employees of the city, the provisions of the collective bargaining agreement shall prevail. (n) Severability. All provisions of this Section are severable and supersede any provisions of the city charter or ordinance sections that conflict with this Section. If any provision or clause of this Section or the application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application. (o) Effective date. This charter amendment shall go into effect on January 1, 2027, and shall replace and supersede any existing ordinances or city policies or procedures pertaining to collective bargaining that applied to firefighters prior to the enactment of this Section. Notwithstanding the effective date of this charter amendment, the collective bargaining agreement between IAFF 900 and the city which is set to expire December 31, 2027, shall continue to be in full force and effect until expiration. Section 3.

The official ballot shall contain the following ballot title, which shall also

be the designation and submission clause for the measure:

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Ballot Question No. ____

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Shall the city amend its charter by the addition of a new Sec. 73, “Collective Bargaining for Firefighters,” as described in Ordinance 8761 which provides a charter guaranteed right for full-time fire department employees to bargain collectively over matters related to safety, wages, benefits, and all other terms and conditions employment, except those certain terms that are reserved to rights of management as defined in the proposed charter amendment, with impasse to be resolved through non-binding factfinding followed, if necessary, by a vote of the qualified electors of the City?

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For the Measure ____

Against the Measure ____

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This Ordinance is necessary to protect the public health, safety, and welfare

of the residents of the city, and covers matters of local concern. Section 5.

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The City Council deems it appropriate that this Ordinance be published by

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title only and orders that copies of this Ordinance be made available in the office of the city clerk

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for public inspection and acquisition.

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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 23rd day of July 2026.

17 ____________________________________ Aaron Brockett, Mayor

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Attest:

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___________________________________ City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED, this 6th day of August

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2026.

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___________________________________ Aaron Brockett, Mayor

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Attest:

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___________________________________ City Clerk

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