§ 40-304. Approval and full funding of City employee contracts and arbitration decisions by City Council required; approval and full funding of the continuation, modification or deletion of an existing provision in a City employee contract or arbitration decision by City Council required; absence of such approval or full funding; reopening of negotiations; intent of City Council.

(a)

Before the City shall be contractually obligated or otherwise liable for any wages, benefits, or hours for City employees as set forth in a City employee contract or arbitration decision, or for the terms and conditions of employment of whatever kind or nature for City employees as set forth in a City employee contract or arbitration decision, or for the continuation, modification, or deletion of an existing provision in a City employee contract or arbitration decision, the City employee contract or arbitration decision containing such wages, benefits, hours, terms and conditions of employment, continuation, modification or deletion shall be:

(1)

approved by affirmative vote of a majority of the entire elected City Council, i.e., by majority vote of the then duly elected, qualified, and serving members of the City Council; and

(2)

fully funded by the City Council with a sufficient appropriation of City revenues pursuant to the Oklahoma Municipal Budget Act, 11 O.S. §§ 17-201, et seq. .

(b)

In the absence of either approval or full funding by the City Council, as required by Subsection (a) of this section, the City shall not be contractually obligated or otherwise liable in any way for the wages, benefits, hours, or terms and conditions of employment stated in the City employee contract or arbitration decision, nor for the continuation, modification, or deletion of an existing provision in a City employee contract or arbitration decision.

(c)

If a City employee contract or arbitration decision or any continuation, modification or deletion of an existing provision in a City employee contract or arbitration decision is submitted to and rejected or not fully funded by the City Council, then either the City or the employee organization, exclusive bargaining representative, or City employees, as appropriate, may reopen collective bargaining negotiations in an attempt to mutually agree to a City employee contract, to mutually agree to the arbitration decision, to mutually agree on wages, benefits, hours, and terms and conditions of employment for the City employees, and/or to mutually agree on the continuation, modification or deletion of an existing provision in the City employee contract or arbitration decision.

(d)

It is the intent of the City Council in enacting this section that the City shall not be contractually obligated or otherwise liable in any way for a City employee contract or arbitration decision or for any wages, benefits, hours, or terms and conditions of employment for City employees set forth therein, or for the continuation, modification, or deletion of an existing provision in a City employment contract or arbitration decision unless such contract, decision, wages, benefits, hours, terms and conditions, continuation, modification or deletion has been approved and fully funded by the City Council as required by Subsection (a) of this section.

(Ord. No. 22593, § 1, 11-2-04)