FAILED MARCH 9, 1997

 

Denali Borough, Alaska

ORDINANCE NO.    96-14  

 

INTRODUCED BY: JERRY MUELLER

COSPONSORED BY: SCOTT STOWELL

 

AN ORDINANCE REJECTING THE APPLICATION OF THE ALASKA PUBLIC EMPLOYMENT RELATIONS ACT.

 

 

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

 

Section 1.   Classification.  This ordinance is of a general and permanent nature.

 

Section 2.   Definition.  Section 4, Chapter 113 SLA 1972 (Alaska Public Employment Relations Act) provides that this act is applicable to organized boroughs and political subdivisions of the State, Home Rule or otherwise, unless the legislative body of the political subdivisions , by ordinance or resolution, rejects having its provisions applied.  The Alaska Supreme Court has determined that if a municipality wishes to exempt itself from the Public Employment Relations Act, it must do so prior to substantial organizational activity by the public employees.

 

Section 3.  Purpose.  The purpose of this ordinance is to reject the application of PERA.  The Denali Borough rejects the application of PERA solely for the purpose of retaining local control over Borough Labor Relations, to allow maximum flexibility and bargaining between the borough and its employees.  It is not intended to interfere with the established employee right, but expresses the Borough’s rejection of the application of  PERA and any specific rights or procedures granted thereunder.

 

Section 4.  Timeliness.  The Denali Borough is exercising its option to reject PERA in a timely fashion.  There has been no evidence of any organizational activities occurring since the date of Denali Boroughs incorporation and the introduction of this ordinance.

 

Section 5.  Substitute Provisions.  The Denali Borough has provided substitute provisions for conduct of labor relations with the adoption of the Denali Borough Personnel Policy and Procedure Manual.

 

Section 6.  Review.  This ordinance may be reviewed and rescinded at such time as the Denali Borough finds it to be in the best interest of the Borough.

 

Section 7.  Effective Date.  This ordinance becomes effective upon adoption by the Denali Borough Assembly and signature of the Mayor.

 

DATE INTRODUCED:  JULY 14, 1996

 

FIRST READING:   JULY 14, 1996

 

PUBLIC HEARING:                           

 

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this       day of                     , 1996.

 

 

 

                                                            __________________       

Mayor            

 

                                                      ___________________  

Borough Clerk       

ATTEST: