12,056 / 40.3% Yes votes ...... 17,851 / 59.7% No votes

See Also: Index of all Measures

Measure S adds a section to the Sunnyvale City Charter to require that, in the event there is binding arbitration pertaining to labor agreements or disputes, any arbitration decision which would affect the rights of management (such as the consideration of the merits, necessity, or organization of any service or activity) or which would require the appropriation of additional revenues to finance costs, be submitted to the voters for approval.

This measure also would give an option to either side (City administration or employees) in a labor agreement to submit an arbitration decision, or a portion or such a decision, to the voters, even if the management issues or financial matters did not otherwise require that the matter be submitted to the voters.

Elections on arbitrated agreements may only be held once per year and may be consolidated with other elections. The side seeking voter approval is responsible for the costs of the election.

This measure does not alter the existing processes for negotiating labor agreements or resolving labor disputes. The provisions would only apply if binding arbitration takes effect now or at some future time.

Measure S was prompted by the proposal of Measure T. Measure S is a stand-alone proposal by the City Council on the subject of binding arbitration in labor disputes. If Measure S receives a majority vote, it would become part of the City Charter whether or not Measure T is approved by the voters.

A "yes" vote would provide for voter approval of arbitration decisions.

A "no" vote would leave open the possibility that an arbitration decision would not be submitted to the voters for approval.

VALERIE J. ARMENTO
City Attorney

Even a 2% additional salary award by an arbiter has a multimillion dollar impact on our budget. Because we are required by law to balance our budget, these millions of dollars will have to be offset either by cuts in parks and libraries or an increase in taxes. The citizens of Sunnyvale must be allowed to vote before any services are cut, or taxes are raised.

In a democracy it is critical that the citizens control how their tax dollars are spent. Regardless of how one feels about binding arbitration, everyone who believes in democracy must agree that the people have the right to make the final decision. This measure ensures that our democratic rights are protected by giving voters the final say.

The Union opposes this measure because they want final decision making authority to be given to non-elected third party arbiters in Sacramento. These arbiters are not elected, they are not accountable, and they could not care less about the City of Sunnyvale. The Union says this is the only "fair" way to do it. How can it be fair to take away the democratic rights of the citizens of Sunnyvale? How can we even consider giving final decision making authority over our budget to some bureaucrat in Sacramento.

This is not about fairness. It is about power. The citizens have it. The Union wants it. Protect our right to control our budget. Protect our right to have the final say. Vote yes on measure S.

JIM ROBERTS
Mayor of Sunnyvale

ALAN TEMPLETON
Citizens for a Greater Sunnyvale

HELEN M. DeWOLF
Advisory Committee for a New Sunnyvale
Sr. Center

RON SWEGLES
Chair Parks and Recreation

Measure S is unnecessary and extreme. The average citizen relies on government to manage its day to day affairs. To have voter approval on matters internal to the city and its employees is a dangerous precedent. Where would it stop? Measure S is bad public policy.

Sunnyvale police and firefighters have proposed binding arbitration as a reasonable and proven method of resolving differences between the city and public safety workers on safety procedures, use of equipment, work rules, or compensation.

More than twenty states currently provide binding arbitration for public safety employees, as do neighboring communities such as San Jose, Hayward, Oakland, San Leandro, Palo Alto, Gilroy and Redwood City. Binding arbitration is a recognized method of peacefully resolving labor disputes.

• Cities which have binding arbitration rarely use it, and their public safety employees aren't the most highly paid.

• By law, arbitrators are required to consider the interest and welfare of the public as well as the financial ability of the City of Sunnyvale to meet costs.

• Binding arbitration saves tax dollars by avoiding expensive, protracted labor disputes. Measure S could cost taxpayers more money by adding to the costs of local elections.

Don't be fooled by Measure S! Support Public safety and keep our community safe! Vote NO on Measure S and YES ON MEASURE T.

JAMES W. DAVIS
Sunnyvale Public Safety Officers
Association

JOSEPH F. CALA
Business Owner

TONY SPITALERI
Firefighter

SUSAN CAROL CALDWELL
Homemaker

Section 1109. Voter Approval of Arbitrated Agreements Required. No interference with management's prerogative to deploy or assign personnel may be imposed as a result of binding fact finding or binding arbitration without the approval of the voters.

No additional financial burdens may be imposed on the taxpayers of the City as a result of binding fact finding or binding arbitration without the approval of the voters. Despite any other provision of this Charter, unless approved by a resolution of the City Council, no wages, benefits or employee-related expenses shall be paid by the City until additional revenues and appropriations to cover the costs have been approved by the voters.

Any arbitration decision or portion thereof may be subject to voter approval if, after the arbitration decision is rendered, either side wishes to have the matter submitted to the voters. The side seeking the voter approval shall be responsible for the costs of the election, or portion thereof, pertaining to the arbitration decision.

The City Council shall not be required to call an election for the approval of arbitrated agreements more than once a year and may consolidate such elections with elections held for other purposes.