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173 RESOLUTION 1997- 175R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ADDRESSING THE ISSUE OF UNIONIZATION AND COLLECTIVE BARGAINING IN THE SAN MARCOS POLICE DEPARTMENT; ENCOURAGING SAN MARCOS RESIDENTS TO BECOME FULLY INFORMED AS TO THE SERIOUS REPERCUSSIONS OF COLLECTIVE BARGAINING; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos has received a petition from the San Marcos Police Officers Association seeking an election to consider adoption of the State Law establishing collective bargaining for police officers under Chapter 174 of the Local Government Code. 2. The City Council, having reviewed the petition, has called a special election for November 4, 1997 for the voters of San Marcos to consider adoption of collective bargaining for City police officers. 3. The City Council, having been advised of the state law applicable to collective bargaining, desires to adopt a resolution addressing the issue of collective bargaining and its implications for the San Marcos Police Department, other City employees, and the City of San Marcos as a whole. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council, as part of its budgetary process, has examined the salary structure for all employees of the City of San Marcos, including its police officers, and has determined that the wages and compensation provided to City employees are fair and equitable, and are competitive with those provided employees in other cities based upon an extensive survey of 50 Texas cities. PART 2. The City Council has determined that the benefits afforded by the City to its employees, including sick leave, holidays, vacation time, family and medical leave, and retirement opportunities, are fair, equitable and comparable to the benefits provided in other cities, based upon this survey. PART 3. The City Council has found that if collective bargaining is adopted, then issues such as raises, staffing levels, benefits, disciplinary policies, grievance policies, work schedules, hours of work, performance reviews, and any other issues may be negotiated on a selective basis for the City's police officers, separate and apart from the policies on these issues that apply to other City employees. PART 4. The City Council firmly believes that the citizens of the City have chosen to govern themselves through a home rule charter that reflects the governmental conscience of the citizens, and that special interest initiatives such as collective bargaining tend to undermine this fundamental structure. PART 5. The City Council believes that the adoption of collective bargaining for City police officers, although authorized by state law, is contrary to the City's Council-Manager form of government established by the City Charter, which vests the powers of government in an elected City Council that enacts local legislation, adopts budgets, and appoints designated city officials. PART 6. The City Charter further authorizes the City Manager, with approval of City Council, to appoint the Police Chief and other Department heads who manage and direct