October 8, 2004

San Jose voters to decide on countywide, city ballot measures

By Supervisor Pete McHugh
Special to the Times

On Nov. 2, Santa Clara County voters will elect federal and state-level office holders, one Superior Court judge and many local city and school district officials. They will also decide 16 state ballot measures, three countywide measures and a number of important local measures. To help prepare voters in my district, I will describe the three countywide labor Measures A, B and C, as well as the one city of San Jose measure slated for the ballot.

Measure A
Measure A proposes to amend Santa Clara County Charter Section 709, which requires the county to pay the prevailing wage. The section now does not specify whether the prevailing wage includes comparison with the private sector and the employer’s cost for pensions and health benefits. Courts, however, have interpreted prevailing wage to mean base pay only and to include comparison with private sector employees.

The proposed measure would amend Charter Section 709 to specify that the comparison must only be made with public employees in the county. If too few comparable public employees work in the county, the county would add the employees who work in the other five most populous Bay Area counties. It would also amend “wages” and “rates of pay” to mean total compensation and would include base pay and all employer-paid contributions for employee benefits.

Measure B
Measure B proposes to amend the County Charter by adding Section 715 and would take effect only if Measure C also passes. If voters pass Section 715, it would allow the Board of Supervisors to review any arbitration panel’s decision in a labor negotiation dispute.

The board may determine that the decision costs more than the county’s last offer, or that it interferes with the board’s ability to manage effectively the county’s finances. Where it makes such a determination, the board may submit the arbitration decision to voters in the next general election.

If voters approve, the panel’s decision goes into effect within 30 days of the election. Any proposed contract provision that they disapprove would become nullified, after which the disputing parties may resume the bargaining process anew.

Measure C
If passed, Measure C would give county employees represented by the Correctional Peace Officers Association (CPOA), Government Attorneys Association (GAA) and Registered Nurses Professional Association (RNPA) binding arbitration during their contract negotiations. For this dispute resolution process, they would give up the right to strike, but they may still refuse to cross picket lines.

If the county and one of these unions reach an impasse during negotiations, the measure would require selecting a three-member arbitration panel. Each of the disputing parties would select one member of the arbitration panel and they would jointly select the third member. The panel must choose the last offer that either the county or the union submitted on the issue at impasse. Both parties would share the expenses of the arbitration process equally.

City of San Jose’s Measure S
If approved by two-thirds of San Jose voters, Measure S would impose an annual library parcel tax until June 30, 2015. In Fiscal Year (FY) 2005-2006, owners of single-family parcels, condominiums and townhomes would pay a $25 tax.

Industrial, commercial, professional, vacant, multi-family and other types of residential parcels would be taxed in proportion to their relative benefit from library services, parcel size and/or number of units. In FY06-07, the City Council may adjust the Library Parcel Tax rates in accordance with the Bay Area’s inflation rates, subject to a three percent cap.

The ordinance exempts parcels owned by governmental entities, churches and religious organizations. It would also require the San Jose City Council to designate an oversight committee to review all fund expenditures. Proceeds from the library parcel tax would be deposited into a special fund and used only for library purposes.

To obtain more information about these ballot measures or other election issues, please go to www.smartvoter.org. I encourage all registered voters to study the measures and candidates carefully and vote on Nov 2.