§ 19-901.30-6. Special election to select offer.

A.  If the corporate authority’s last best offer is not selected by the arbitration board, that party may submit the offers which the parties submitted to the arbitration board to the voters of the Fire Protection District for their selection by requesting a special election for that purpose.  The request for an election must be filed with the Clerk of the Board of Directors for the Fire Protection District within ten (10) days of the date of the written decision of the arbitration board.  Written notice of the filing of the request shall be given to the bargaining agent.  If a request for an election is not filed in a timely manner, the board’s selection decision shall be final, and the last best offer it selected shall constitute the agreements of the parties.

B.  Upon receiving a request for an election pursuant to the provision of this section, the District Clerk shall notify the governing body of the Fire Protection District of the request.  Within ten (10) days of such notification the governing body shall call for a special election.  The election shall be governed by the state laws on Fire Protection District elections and the election shall be held as nearly as may be in conformity with the state law provisions governing bond elections for the Fire Protection District; provided, no informalities in conducting such election shall invalidate the same if the election shall have been otherwise fairly conducted.  Only residents of the Fire Protection District who are qualified electors in their respective precincts shall be eligible to vote in said election.  The ballot shall inform the voters that they must choose either the last best offer of the bargaining agent or the last best offer of the corporate authority.  The last best offer receiving a majority of the votes shall become the agreement of the parties.

C.  Concerning issues relating to money, such ballot shall clearly state the total dollar amount of the offer from the union and the total dollar amount of the offer from the employer.  Such ballot shall also disclose the percentage of increase or decrease both offers have over or under the last contract of the two parties.

D.  Agreements which are reached as a result of selection by the arbitration board or by election shall be effective on the first day of the fiscal year involved regardless of the date of the final selection.

Added by Laws 2003, c. 136, § 7, eff. Nov. 1, 2003.  Amended by Laws 2004, c. 104, § 4, eff. Nov. 1, 2004.