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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 —1— ~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 0 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. r 0 can hw Adoption of Resolu tion No.b3~I’I2 ATTEST: I ~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 0