§ 3.70.130. Agreements.

A.

Labor agreements. Upon completion of negotiations between the municipality and the bargaining representative over a labor agreement, all of the terms and conditions shall be reduced to writing in a single agreement. The agreement shall then be presented to the appropriate employee unit for ratification and to the assembly for ratification in the same manner as a municipal ordinance. No provision of a contract may violate a municipal ordinance or the Charter or state or federal law except as authorized in Section 3.70.170.

B.

Administrative agreements. All administrative agreements shall be submitted to the assembly for review and approval within 30 days of execution by a duly authorized representative of an employee organization and the Mayor's Designee. Assembly approval of administrative agreements shall be in the same manner as a municipal ordinance.

C.

Administrative letters. All administrative letters shall be summarized periodically by the department and submitted to the assembly for review and acceptance in the form of an Assembly Information Memorandum prior to the effective date of the administrative letter rules.

D.

Required acknowledgement and certification provisions: To ensure that the requirement for Assembly ratification and approval under this Section 3.70.130 is acknowledged and understood, every collective bargaining contract agreement modification, written interpretation, or other change, alteration or amendment, no matter how denominated, shall include in the body of document a provision that explicitly summarizes the requirements and remedial provisions of Section 3.70.130. and a certification under oath or affirmation by each duly authorized representative who signs on behalf of a party.

1.

The certification shall in substance state that in executing the agreement the duly authorized representative, on behalf of the party to the agreement understands and acknowledges that the agreement must comply with Anchorage Municipal Code (AMC). The authorized representative acknowledges and agrees that AMC 3.70.130 requires Assembly approval of all modifications and amendments, no matter how denominated. The authorized representative acknowledges that absent Assembly approval, any modification or amendment no matter how denominated, shall be deemed null and void, and any payments made shall be recoverable by the Municipality. Absent Assembly approval required by AMC 3.70.130, written clarifications and interpretations within the definition of "administrative letter" under AMC 3.70.010 are invalid. AMC 3.70.010 prohibits the use of administrative letters to vary the explicit terms of a labor agreement. Intentional actions in violation of this Section 3.70.130 are subject to fines and penalties under AMC Section 1.45.010 and implementation without Assembly approval is prohibited under the municipal penal code, title 8.

2.

No labor contract, agreement, modification, written interpretation, or other change, alteration or amendment, no matter how denominated, shall be ratified or approved by the Assembly unless the agreement includes the required acknowledgement provision and certifications.

3.

Implementation of any labor agreement or administrative agreement, not matter how denominated, without prior Assembly ratification, is prohibited.

E.

Remedial actions: In the event that the provisions of this section are violated by administrative action, any labor agreement, agreement, modification, written interpretation, or other change, alteration or amendment, no matter how denominated, shall be null and void, with not force or effect.

F.

Grievances. Notwithstanding the requirements in subsections A.—C. above, grievance settlements, including arbitration decisions, pertaining to specific employees shall not be submitted to the assembly, except where the grievance settlement requires an appropriation to a department budget.

1.

A proposed grievance settlement requiring an appropriation shall be submitted for assembly review and approval by resolution in accordance with assembly rules.

(AO No. 69-75; AO No. 84-221(S); AO No. 89-46(S-1); AO No. 2008-135(S), § 2, 9-29-09)