HomeMy WebLinkAboutMinutes 1963-10-1110-11-63
DISTRICT NO.5
SPECIAL MEETING
5:00 p.m.,October 11,1963
A special meeting of the Board of Directors of County Sanita
tion District No.5 of Orang~.County waE c’J.lcc~by thc Ch~.irm~n for
5:00 p.m.,Octob~..r 11,1963 in thc District’s offices,i’~or the pur
posc of recorisiderln~Resolution No.63_1LI.2 (positions cnd Salaries -
i;63).
The meeting was called to order at 5:00 p.m.Chairman
Stoddard reported that he had received a telephone call from
Director Lerenz advising that he had been delayed,but could be
in attendance at the meeting at 5:45 p.m.
The Chairman then declared a 45-minute recess.
At 5:45 p.m.the Chairman called the meeting to order and
directed the Secretary to call the roll.
Directors present:James B.Stoddard (Chairman),and
C.M.Featherly
Directors absent:Hans J.Lorenz
Others present:Paul G.~‘own,C.Arthur Nisson,Jr.,
Jack Boettner,and Fred A.Harper,
Secretary
The Secretary reported a quorum of the Board present.
Legal opinion,received The Chairman read the legal opinion
and ordered riled submitted by the General Counsel,
dated October 10,1963,relative
to Resolution No.63-142 (PositIons and Salaries -1963).
It was then moved,seconded and duly carried:That said
legal opinion be received and ordered filed,as follows:
October 10,1963
LEGAL OPINION
“At the joint meeting of October 9,1963,of
County Sanitation Districts Nos.1,2,3,5,6,7,
8 and 11,all of the Districts except District No.5
adopted Resolution No.63-142 regarding increases in
pay for employees of the Joint Administrative Organ
ization.District No.5 declined to adopt the
resolution,and a question has~arisen as to whether
or not the Increase in salaries,etc.is effective.
It is my opinion that under the existing agreements
•between the Districts,the resolution is not effective
at the present time.
“The Joint Ownership,Operation and Construction
Agreement dated October 8,1958,between all of the
above Districts,except District No.8,provIdes a
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~means for the solution of this controversy..On Page
9,in Section.8,of said agreement,there is a pro
vision for settling disputes or controversies in
connection with any of the affairs or operations of
the Joint Administrative Organization and joint
operations of said Districts.It provides that each
District will appoint an az~bitrator and that the
arbitrators will then arbitrate the dispute,and that
if a majority vote is bbt~1ned on the issue presented
to them,the majOL~ity opinion shall be binding and
conclusive on all the Districts parties to said Joint
Ownership,Operation ànd Construction Agreement.
“Unless District NO.5 should choose to call a
special meeting for the purpose of reconsidering
Resolution No.63-142,it is my recommendation that
the Chairman of the Joint Administrative Organization
call a special meeting of ~~all the Districts for the
purpose of selecting arbitrators and arbitrating this
dispute under the provisions of the Joint Ownership,
Operation and Construction Agreement.
Motion to reconsider
Resolution b3~Tz~2
“Respectfully submitted
/s/C.ARThUR NISSON,JR.
C.Arthur Nisson,Jr.,General
Counsel for County Sanitation
Districts of Orange County,
California’
The Board then reviewed the
background data and information
compiled by the staff which
related to the salary increases proposed in joint Resolu
tion No.63-142 which was adopted at the Joint board meeting
on October 9,1963,by Districts Nos.1,2,3,6,7,8 and
11,but failed in District No.5 for lack of a majority
affirmative vote
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It was then moved,seconded and duly carried:That the
Board reconsider Resolution No.63-142 (Positions and
Salaries -1963).
Moved,seconded and duly
carried:
That the Board of Directors adopt Resolution No.63-142,
amending Resolution No.762 and Resolution No.63-10
relating to employment of personnel;and rescinding
portions of Resolution No.762 and Resolution No.63-10.
Certified copy of this resolution Is attached hereto and
made a part of these minutes
—
Adjournment Moved,seconded and duly carried:
That this meeting of the Board of Directors of County Sanita
tion District No.5be adjourned.The Chairman then declared
the meeting so adjourned at 5:53 p.m.,October 11,1963.
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can hw
Adoption of Resolu
tion No.b3~I’I2
ATTEST:
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~nairman,~oara ci i,irectors or
County Sanitation District No.5
of Orange County,California
secretary,~oara or Directors öY
County Sanitation District No.5
of Orange County,California
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