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HomeMy WebLinkAbout1974-01-29 CorrespondenceJanuary 29, 1974 Tb the Mayor and City Council Members; On behalf of the RecyclMing Taskforce of ISPIRG, I would like to thank the Mayor and members of the City Council for their direction to the City Manager and the staff to proceed with development and implementation of a newsilrint recycling rrnv;ram for Iowa City. As you know, ISPIRG has been an advocate for a curbside nick -up annroach for some time. We believe that such an arproach will provide a good basis for an eventual program of total solid weste recycling. Therefore, we were very pleased to learn of the rec- commendati.on of the City staff members of such a program. I understand that the program will require 80% cooperation to be viable. I would like to offer ISPIRG's services to ,you in any way that would be helpful, in assuring that cooperation. It mip;ht be of interest to you to know that we are now making plans for an in- formatic,nPl meeting about recycling and as plans proceed, I will keep you informed. Once again, thank you. Your direction in this matter will prove to be, I am sure, of the greatest benefit to Iowa Citians. Yours in the Public Interest, Nancy Lback Local Environmental Coordinator for ISPIRG= '�iE I�7CLEAR POWER zSSVE- p AN OVERVIEW Daniel F. Ford Henry W Kendall Union of Concerned Scientists Cambridge, Mass. 02139 P.O, Bok A21 October 1973 -1- Intr duction The Union of C'neerned Scientists (UCS) is a Cambridge: Massachusetts-based coalition of scientists, engineers, and other professionals who are concerned with the impact of advanced technology on society. During the last 2••1/2 We have been engaged in an intensive technical study Of years Power plant safety. We, and now others, have found the safety assurances to be gravely defective. More recently, we have completed reviews of other aspects of the nuclear program. Since a large nuclear Power plant construction program is under- way in this country and throughout -the world public understand• ing of these critical issues is now an urgent priority. This overview sets forth the principal conclussions of our investigations. It brings into focus some of t public safet he important Y problems associated with nuclear power. For the convenience of those who wish to investigate the nuclear Problem further safety we have provided extensive references. Of reprints of key articles A set A in the last two years concerning the nuclear Power program is also attached. Other groups of scientists have carried out independent reviews of our conclusions_ Summaries of these reviews arer P esented as Part of the main report. Finally, we include an appendix to the overview setting forth the Comments of scientists and public figures on the contributions of USC relating to nuclear plant safety. power present a very serious threat to the health and safety of the Public. The safety systems installed in presently operating nuclear power plants are crude and untested.. A number of design weaknesses in these safety systems have been confirmed. Moreover: there is extensive evidence that the workmanship going into nuclear power plant construction is far from adequate The increasing number of quality assurance problems, maintenance deficiencies, management review oversights and operator errors is disturbing_ The Atomic Energy Commission (AEC) itself has acknowledged that there have been a number of "near misses" in the brief operating history of commercial reactors, accidents that could have resulted in major public health incidents. An official AEC assessment of some of the operating records of the nuclear reactor program is that the absence of direct injury to the general public to date is "largely the result of good luck-"*-/ 0-r Accident A major accident in a nuclear power plant has the potential to create a catastrophe of very great proportions. In 1071 USC carried out a technical assessment of the consequences of such an incident..V In this study we applied knowledge */ AEC Division of Reactor Licensing, Reactor Operating E2cneriences, ROE --69--9. * Ian Forbes, Daniel F Ford. Henry W_ Kendall, Nuclear Reactor Safety- An Evaluation of New Evidence, Union of Concerned Scientists, July 171 acquired in previous studies on the effects of nuclear weapons explosions. The AEC has itself completed a secret study on the consequences of a major nuclear power plant accident; the results of the AEC investigation have recently been made public, although not voluntarily, and confirm our independent assess- ment.. The size and scale of a reactor accident is the consequence of the prodigious quantities of radioactive material contained inside these complicated machines. A typical nuclear power plant routinely contains a quantity of radioactive material that is approximately equivalent to the radioactive fallout from thousands of Hiroshima -sized nuclear weapons An appreciable fraction of this radioactive material is gaseous in form and could be easily borne away by the wind if accident- ally released by a nuclear power plant accident A release of even a small fraction of a reactor's inventory of radioactive material could depending on weather conditions, cause lethal injuries at distances up to several dozen miles from the reactor and damage to health at far greater distances. The AEC's secret study of the consequences of a major reactor accident estimated an "area of disaster. of Pennsylvania-*./ equal to that of the State Given the defects in nuclear power plant workmanship, operating procedures, and safety systems: discussed below: we believe that the possibility of a major accident involving of .•AEC`i[!tL£nal•=mer�orandu::�--fro►t Albert P :!.Ke�aheke;•-Min�eat of Steering Committee on Revision of WASH -740, January 28 19G5T. , t .4- a 4 - a catastrophic release of radioactivity into the environment is very real. The "ECCS" Controversy The "ECCS"--emergency core cooling system --is a very basic reactor safety system. Its function is to restore cooling water to the hot nuclear reactor core in the event that a pipe rupture causes loss of normal cooling water. if this backup cooling system fails-toygork effectively. the reactor core would overheat and the stage is set for the kind of major radiation release into the environment described above. It has become apparent from our technical studies that very much less than the extremely high level of diligence required has been devoted by the nuclear industry to reactor safety system design and testing. An array of design defects in present ECCS is apparent. The ECCS testing program has been narrow in scope and of a calibre very much below the capabilities of engineering science. There is a large backlog of unanswered questions about the most basic aspects of ECCS performance It is clear that adequate experiments to confirm * / Daniel F. Ford and Henry W Kendall: An Evaluation of Nuclear Reactor Safety. Volume I. Union of Concerned Scientists, March 1972; Daniel F Ford and Henry W. Kendall.. An Evaluation of Nuclear Reactor Safety: Volume II Union of Concerned Scientists, October 1972; Daniel F. Ford and Henry W. Kendall, An Assessment of the EmergencV Core Cooling Systems Rulemaking Hearing; Volume III: Union of Concerned Scientists. April 1973. .5- ECCS effectiveness have not been carried out.. Moreover our study of the limited experimental data available suggests that there are a number of independent reasons why present ECCS might fail if called upon. Our assessment of ECCS effectiveness is quite widely shared by the community of scientists familiar with reactor safety technology.. The AEC's own ECCS research scientists: whose work and views we are intimately familiar with: do not believe that available information confirms ECCS effective- ness.. UCS carried out analyses of safety system weaknesses in 1971 whose consequence was to force the AEC to hold a public hearing in which the views of these AEC scientists; given as sworn testimony under cross-examination by our attorneys, could be put on the public record_ The most senior and experienced AEC safety research scientists expressed their disavowal of present AEC safety policy. And AEC internal memoranda,. which we forced onto the public record. support our fundamental criticism of AEC policy. For example: ---Dr.. Morris Rosen. then Technical Advisor to the Director of Reactor Licensing at the AEC: wrote that the "consummate message" from AEC safety analysis was that reactor safety */ Daniel F.. Ford and Henry W Kendall, "Nuclear Safety " Environment. Vol. 14, No. 7, September 1572; Robert Gillette "Nuclear Reactor Safety: At the AEC the Way of the Dissenter Is Hard." Science. Vol. 176. Na. 4034: May 5, 1972. SN system performance "cannot be defined with sufficient assurance to provide a clear basis for licensing.. George Brockett: a leading ECCS researcher identified by the AEC Regulatory Staff as one of the country's leading experts in reactor safety technology, testified that present AEC reactor safety analysis was "unverified:" "inadequate." "incomplete:" and "uncertain." -- J Curtis Haire. the man who was in charge of the AEC's primary research effort on reactor emergency cooling systems, testified that the AEC was "censoring" reports from his safety research laboratory to prevent the Congress from raising embarrassing questions about nuclear power plant safety.. Our group has received, from sources within the AEC: hundreds of AEC internal documents replete with fundamental criticisms of the effectiveness of basic reactor safety systems. For example: an AEC internal memo from Milton Shaw then head of the civilian nuclear power program to R E Hollingsworth. General Manager of the AEC: stated: **/ AEC internal memorandum from M. Rosen and R. Colmar to ECCS Task Force, June 1, 1971. *** George Brockett; et al., Loss of Coolant/Emergency Core Cooling Augmented Program Plan: August 1971 */ Testimony of J Curtis Haire, April 6, 1972: AEC Docket No. RM -50-1, Tr. 7591-7593 -7-- 0 "Although test information is available on the response of simulated fuel pin bundles to a range of emergency coolant flow conditions: no assurance is yet available that emergency coolant can be delivered at the rates intended and in the time period prior to clad and sub- **/ sequent fuel melting due to decay heat generation " In aggregate, the AEC's internal reactor safety studies and the public testimony of the leading AEC safety experts document the clear concensus of AEC safety experts that effectiveness of the importantareactor safety system: the ECCS, has not been demonstrated. Confirmation of USC Conclusions As a result of the accumulated evidence on ECCS, several groups of scientists: independent of USC, have reached con- clusions about reactor safety similar to our own: --- The Reactor Safety Committee that advises the German government (Federal Republic) has recommended a moratorium on reactor operating licenses until more research on ECCS is completed; .-The Federation of American Scientists, following a review of the ECCS issue. has identified extensive deficiencies in AEC safety research and has called for broad restrictions on nuclear power plant operation together with increased emphasis on Alternative power generation technologies; **/ AEC internal memorandum from Milton Shaw to R E •� 1DH6-1t-ing54woirthzwF@bruary 19; -%1Q72:_ P*Bt;!ithatnls&'^ffiemorandam_from Andraw JL:, Pressesky, . Asa-istnrit Director for Nuclear Safety, Division of Reactor Development and Technology, to Milton Shaw regarding German moratorium * May 8--18921 , ! . - f._ • . Federation of American Scientists Newsletter, February 1973 1 that "Until those questions are resolved: it _is unwise to plan for the rapid proliferation of nuclear power plants." ---The AEC's Advisory Committee on Reactor Safeguards (ACRS): its foremost safety assessment committee. has listed "ECCS capability" on its list of presently unresolved reactor safety problems. In September 1973 the ACRS wrote to the AEC with an urgent recommendation on the need for 'significant improvements' in ECCS; -The California Assembly's Advisory Committee on Science and Technology reported that, "Not enough information exists to determine if the (ECCS) systems are adequate." ---Swedish government scientists (investigating ECCS systems on reactors that Sweden purchased from Li S manu- facturers) have concluded that ECCS effectiveness has not yet been established- ***/ R D. Doctor, et al., California's Electric nuandary R-1116-NSF/CSA, September 1972. */ Letter from C.. P Siess, C,pirman: ACRS, to James R Schlesinger, Chairman, AEC, December 18: 1972.. ** Letter from H G I4angelsdorf, Chairman, ACRS, to Dixy Lee Ray, September 10, 1972. ***/ Assembly Science and Technology Advisory Council Report to the California Legislature, Nuclear Power Safety in California, May 1973 - Statement of Dr.. Bjorn Kjellstrom, AB Atomenergi, Miljocentrumkonferens, Uppsala, Sweden, June 14, 1973.. The public, obviously, cannot accept the 'say-so' of the nuclear industry about reactor safety. Objective scien- tific evidence relating to reactor safety must be provided.. It is most noteworthy that all of the technical reviews of ECCS effectiveness by groups such as ours, who are independent of the nuclear industry, have reached the same conclusion (We have listed above all of the independent reviews of the ECCS issue that have been made public-) The existence of such strong doubts of ECCS effectiveness among scientists who have investigated this issue should warn the public that AEC safety assurances are open to serious question. Radioactive waste Storage and Other Problems In addition to major reactor accidents. the reactor pro- gram is beset by other difficulties. One of the most impor- tant of these problems involves the storage and disposal of radioactive wastes. The radioactive wastes created in nuclear power plants are extremely toxic and persistent poisons. These radioactive wastes will have to be stored ---somewhere: somehow for tens or hundreds of thousands of years. They can never be allowed to return to the envircnment- Nuclear power plants are expected to have a service life of no more than about 40 years. Yet the wastes they create will become a legacy from this transient existence to future generations for nearly geological periods of time.. According to the AEC no technically or economically feasible method for long-term storage or disposal of radioactive ••10•• *j wastes is yet available- All proposed techniques for storing these wastes are in a -research and development stage Many people have come to believe that present nuclear power plant construction plans, which imply accumula tion of more radioactive wastes, should be halted until a proven method for safely storing radioactive wastes is available_ The AEC has already experienced major difficulties in storing the wastes accumulated from the nuclear weapons production program- For example, in June of this year it was discovered that 115:000 gallons of high level radioactive waste had leaked from a tank at the AEC's waste storage **, facility in Hanford, Washington. The official investi- gation revealed that the tank had been leaking for several weeks, that no automatic alarm system alerted anyone to the leak, that the management in charge of the storage facility did not review monitoring reports that would have shown the leak, that there was no preventive maintenance applied to the */ F K Pittman, Management of Commercial High -Level Radio- active Waste, a paper presented at a summer course on Nuclear Fuel and Power Management, Mass.. Institute of Technology, Cambridge: Mass., July 25, 1972 **J Union of Concerned Scientists letter to AEC, June 23: 1973. *_**/ USAEC, Report on the Investigation of the 106 T Tank Leak at the Hanford Reservation, Richland, Washington: July 1973. monitoring equipment• and that persons with responsibilities for overseeing the storage of these waste materials had no formal training to assist them in the execution of these important responsibilities. All in all: we are profoundly disturbed by the prospects of accumulating radioactive wastes that the country does no", have the secure technology to cope with and which we are today dealing with in a supremely careless manner_ Another public safety and national security issue associated with nuclear power plants is the theft of special nuclear materials. This class of materials, which includes certain types of uranium and plutonium, may be used to construct nuclear weapons. As more and more reactors come into operation, the quantity of these materials present in the nation will increase. The theft of these materials as they are trans- ported routinely through the notoriously insecure commercial transportation network: can be used as the basis for blackmail and terrorism.. The principal obstacle that a terrorist group would face in the fabrication of a nuclear weapon is the ac- quisition of the special material from the reactor program It is within the capability of sub --national groups (e , g . , "Black September") to construct a nuclear weapon from such materials that are available in the commercial nuclear power program. Moreover: given the hazards of plutonium. it would not be necessary t•o turn this material into a weapon in order to undertake a terrorist campaign. The threat simply to dis- perse this immensely toxic material. among the most potent of -12- cancer-causing 12- cancer-causing agents, would be adequate for the terrorist purposes. (A quantity of plutonium the size of a grain of pollen is sufficient to cause lung cancer in mammals ) A host of subsidiary problems --cancer among uranium miners the public safety hazards from residues from uranium mining: emissions of radioactive materials for nuclear fuel reprocessing plants --would complete the list of public safety considerations which must be entertained in connection with a review of the risks associated with nuclear power plants. Implications The public safety problems associated with nuclear power constitute, in our view, ample justification for a curtailment in this country's nuclear power plant construction program It is clear that no public airing of these important safety issues was made prior to the startup of the present reactor construction boom.. Indeed the magnitude of the pre- sent hazards was not even fully identified. Instead. the AEC quietly worked with U.S. reactor manufacturers and utility companies to promote a dream that they mutually shared cheap, abundant: safe electric power. We, and others who have made detailed scientific and technical investigations of the nuclear !Jr The public safety problems associated with the nuclear fuel cycle, su-marized here, are discussed in a forth- coming major report from the Union of Concerned Scientists. -13 power program and who, because of our position outside the nuclear industry: are able to speak freely: have come no longer to regard nuclear power as a dream but as an ultra - hazardous technology that it is now wise to deemphasize and to avoid- U New Evidence on the Biological Mechanism of Environmental Radiation Ernest J. Sternglass Department of Radiology School of Medicine University of Pittsburgh Pittsburgh, Pennsylvania November 27, 1973 exposed to low levels of radiation from fallout and radioactive wastes from nuclear facilities have shown disturbing indications of large rises in infant mortality, cancer, and heart disease,there has been wide reluctance to accept radiation as the principal causal factor, largely because of the lack of a plausible biological mechanism that could explain the unexpectedly large magnitude of the observed effects. Such a mechanism now seems to have been provided by the discovery made by A.Petkau of the Canadian Atomic Enerqv Laboratories in Manitoba that comoletely contrary to the case of genetic damage, the dose required to produce cell -membrane damage decreases rather than increases as the dose -rate declines (Health Physics, Vol. 22, pp. 239-244, March 1972). Thus, his experiments show that whereas a phospholipid membrane can absorb 3,500 rads before rupturing at typical diagnostic x-ray dose rates of 26 rads/minute, when given at dose -rates of 0.001 rads/minute by a radioactive isotope as encountered for environmental exposures from localized fallout, cellular membranes rupture at less than 1 rad, probably as a result of indirect, chemical effects of radiation that are dose -rated dependent, becoming more efficient at low ion concentrations in the cellular fluid. Petkau concluded that the effect was probably of the indirect type involvina the formation of free radicals such as 02 in the aqueous medium surrounding the membrane, which would be expected to be more efficient at low than at high ion densities. He deduced from his results that the effect was probably enhanced by the electric field produced by the membrane • 2. • behaving like a micelle, the field increasing the number of free radicals able to reach the membrane surface and inducing an oxidative reaction leading to a weakening of the molecular structure. This large increase in efficiency with which radiation produces cellular membrane damage when it is spread out over many hours or days has been independently confirmed by measurements on blood -cell membrane permeability by Scott and his co-workers at the University of California Medical Center, San Francisco in a very recent article (Archives of Environmental Health, Vol. 26, pp. 64-66, February 1973. Thus, Scott reports that at an additional dose of only 8 millirads spread out over a period of a month, corresponding to a mere doubling of the natural background level, he was able to observe a statisticallv significant increase in the uptake of rubidium -86 through the cell membrane. Petkau's findings are further confirmed at the other extreme of very high dose -rates by recent studies published by B. Shapiro and G. Kollman (Radiation Research, Vol. 34, pp. 335-346, 1968) showing that the dose needed to affect blood -cell membrane integrity at very high dose -rates of 1900 rad/min, such as encountered at Hiroshima from the direct bomb radiation at the instant of detonation.is indeed very large, or in excess of 2,000 rads. (See enclosed plot) These results have very serious consequences for the expected health effects of low-level, protracted radiation both for the worker and the public, which may be briefly summarized as follows: (1) All present estimates of risk to large human populations from low-level radiation have been based on studies of human or animal pop- ulations exposed to external radiation at high doses and dose -rates, either diagnostic and therapautic medical bomb radiation produced in a matter of a radiation, or direct nuclear few seconds. 3• (2) The differences in risk=estimates that result from not taking dose -rate effects into account are as large as 100 to 1000 times, thus leading to a serious under -estimate of the health effects to be expected from protracted occupational or environmental radiation. (3) Since recent studies of children exposed to diagnostic x-rays in utero by Diamond and his co-workers at Johns Hopkins (Am. J. of epidemiology, Vol. 97: 283-313, May 1973) have shown that not only leukemia but all causes of death, including respiratory disease deaths, are increased by about the same factor of 2-3 at very low doses, the total health impact in terms of number of individuals is some ten times greater than when only cancers are considered in the estimate of the likely health effects of radiation. One.consequence of the importance of dose -rate effects on cellular membranes is that one would expect effects on the immune response system and on hormonal function as well as damage to the cells lining blood -vessels leading to cardio -vascular, pulmonary and other chronic diseases to be far more serious at low dose -rates than expected on the basis of earlier information derived from high dose -rate studies. Furthermore, if local tissue damage and immunological factors are indeed involved in the proliferation of cancer cells in man as has been widely suggested in recent ,years, then somatic damage to cell membranes may also show up as an increase in cancer deaths in the population. That the risk of lung cancer appears indeed to be much greater at low dose rates than at the high dose -rates of direct bomb or medical radiation is indicated by the recent studies on lunq cancer in dogs induced by low -activity natural uranium oxide dust just published by L.J. Leach and his co-workers at the University of Rochester (Health Physics, Vol. 25, pp. 239-358, Sept., 1973). As these authors point out, although no pathological effects were _I detected in the first five years after radiation exposure began, by the time 6 to 12 years had elapsed 4 out of 9 dogs had developed lung cancer. This is an incidence rate of 44% compared with a spontaneous rate of only 0.1 to 0.5%, or an 80 to 440 fold increase for a total dose of 560 to 660 rads to the lung over a period of five to ten years. This corresponds to a doubling dose of only 1.2 to 8.3 rads, compared with typical estimates obtained from the high dose -rate gamma -ray and neutron exposure at Hiroshima of some 10 to 15 rads for adults, and even higher values for the case of medical x-rays that range all the way to 100 rads. The existence of a strong dose -rate dependence of the type expected on the hypothesis that cellular membrane damage plays a role at least in some tvoes of cancers is further supported by the existence of a non- linear dose -response relation at Hiroshima that is convex upward, or a response that rises more rapidly at low total doses than at high doses when the duration of the exposure is held constant,as was the case in Hiroshima for all levels of total dose absorbed. Such a "super - linear" dose -response relation has just been reported in the latest U.N. Report of the Scientific Committee on the Effects of Radiation (Annex H., Vol. II., pp. 402-447, 1972) for bone sarcomas and lung cancer, and also in a recent article by J.W. Baum (Health Physics, Vol. 25, pp. 97-104, August, 1973). A similarly greater risk per unit dose at low doses has also recently been observed among the uranium miners in the studv of F.E. Lundin et, al. in the Joint Monograph No. 1 of N.I.O.S.H.-N.I.E.H.S.*, No. 1, 1971. * N.I.O.S.H.=National Institute of Occupational Safety and Health N.I.E.H.S. = National Institute of Environmental Health Sciences radiation may be far more serious than had been expected on the basis of high dose exposures as a result of the unexpected direction of the dose -rate dependence, both the paper of Baum and the recent findings of Bross (New England J. of Medicine, Vol. 287, pp. 107-110, July 1972) indicate that wide differences in susceptibility of different population groups would lead to a more rapid rise of health effects at low doses than expected from the observations carried out at high doses. Bross reports a more than 10 -fold greater risk of leukemia among children exposed in utero who had a history of early virus disease, bacterial infectious or allergy. Such factors act therefore in addition to the factor of age, since both Diamond's recent study and the earlier work of Stewart (Lancet, June 6, 1970) shows a much larger sensitivity for the early embryo than for the late.fetus just prior to birth, all other factors being equal. Both the unexpected direction of the dose -rate dependence and the evidence for wide differences in susceptibility to radiation among different sub -groups of the population can now explain the findings of much larger health effects of environmental radiation than had been expected on the basis that the effect would be dose -rate independent. Thus, both the rises in infant and total mortality above expected rates correlated with strontium -90 levels in the milk reported by L.B. Lave ("Low Level Radiation and U.S. Mortality", W.P.-19-70-1, Carnegie-Mellon University, Grad. School of Ind. Adm., July 1971) as well as the infant mortality rises observed by E.J. Sternglass ("Environemntal Radiation and Human Health", Proc. 6th Berkeley Symp. on Math. Stat, and Probl., Univ. of California Press, 1971, p. 145) for fallout and by M.H. DeGroot .2> • 6, • (Proc. 6th Berkeley Symp. on Math. Stat, and Probl., U. of Cal. Press, 1917) J.C. Tseng, (Thesis, Northwestern University, Evanston, Illinois, Dept. of Environemntal Engineering, June, 1972) for nuclear facilities, would be explained by the greatly increased somatic damage to critical cells controlling immune response and hormone production during intra- uterine development which is implied -by the results of Petkau and Scott. Similarly, the sharp rises in cancer rates in Japan for organs known to concentrate fallout isotopes, amounting to as much as 1200% for pancreatic cancer over a period of some 20 years following the first detonation of nuclear weapons as reported recently (Sternglass, Proc. 1972 Hanford Radiobiology Symp., AEC Symp. Series 29, "Radionuclide Carcinogenesis", pp. 254-277, copy enclosed) can now be explained in terms of the combined action of organ concentration, dose -rate effects and population susceptibility differences. In fact the observed rises in cancer among the most susceptible groups are consistent with doubling doses of the order of 100-200 millirads seen previously only for the early embryo in the studies of Stewart compared with doubling doses'of 10 to 100 rads deduced from high dose -rate exposures of adults, or doubling doses some 100 to 1000 times smaller than had been expected. These recent findings will have to be taken into account in evaluating the relative health impact of nuclear vs. fossil fuel power generation, especially since testimony presented by a number of scientists at the recent hearings held by a committee appointed by Governor Milton ShaDD of Pennsylvania+ indicated significant rises of cancers and infant mortality around the Shippingport Nuclear Reactor near Pittsburgh. + Hearings held at Aliquippa, July 311 1973 (See R.S. Lewis, "New Scientist ", Sept. 6, 19739 p. 552) 13- • 7. ' • have The evidence presented also suggests that radioactive releases may been hundreds to thousands of times greater than those reported to the Environmental Protection Agency bringing population exposures into the range of 100 to 200 mr per year, and thus explaining the rises in cancer rates infant mortality and heart disease in the arealdeclining with distance in all directions. Once again in the history of the biological effects of fallout radiation, a totally unexpected biological mechanism seems to have been uncovered that greatly multiplies the expected effects on man and all other forms of life. But if the effect of protracted radiation on cell -membranes should indeed be the dominant -mechanism whereby low-level radiation acts to increase cancer, heart, and other chronic disease so characteristic of old age then a new way may have been -opened to understand the effect of natural background radiation on the cellular aging process itself. In that case, we may be able to use the knowledge gained at such terrible cost since Hiroshima not only to prevent and perhaps end forever the scourge of cancer and heart disease that has been rising so ominously all over the world, but we may also be able to prolong the useful life -span of man on this planet. 00 c Z c< 07- N W cr J O 0ix— Z \ Q O = C3 0 W W Z cA d 'ya-----_-- Q O �� d g Z L o � 4o - Z �r. .- w Y W V 0 N • N Z Q O O O O — O W O O O O V 0 O O 0 0 — 0� In 0 a O 1 O In 0 :5 O U O Z W m J J 10 O cr oa oa a� wa �cr w 4.4 +p o Zm 0 O J w 0 �O Ln 1 O f- :5 O O Z J J Jp � a� ti � 0 � O Y 4.4 O Zm O Q Lr w cn0 a- TESTIMONY`ON THE PRICE -ANDERSON ACT August 149 1973 by Harold P. Green Mr._c',reen is a professor. of law at the George Washington University National Law Center. As an attorney for the Atomic Energy Commission in the early 1950'sq he participated in the drafting of the Price - Anderson Act and has since written extensively on the subject. His article, "Nuclear Powers Risk, Liability, and Indemnity" appears in the January 7.973 issue of the Michigan Law Review. Testimony was prepared for hearings on the Price -Anderson Act convened by Herbert S. Denenberg, Insurance Commissioner of Pennsylvania, on August 14 & 15, 1973• Commissioner Denenberg, Ladies and Gentlemen: I am pleased to have the opportunity to appear before you today to of the relationship. between the Price - discuss the important question Anderson Act and the risks inherent in operation of nuclear power plants . As one who was a resident of Pennsylvania for the first twenty years of his life, I am particularly happy to try to help Pennsylvania understand and deal with the complex question of nuclear power. In his dissenting opinion in the Power Reactor Development Co. case in 1961, Mr. justice Douglas characterized nuclear power as "the most awesome, the most deadly, the most dangerous process that man has ever conceived." While this statement involves considerable hyperbola, 1.it is nevertheless true that nuclear power is an extraordinarily hazardous • 2_ • technology. perhaps the most hazardous in our life today in terms of potential damage in the event of a serious accident. The very existence of the Price -Anderson Act is indisputable proof of this statement. The Price --Anderson Act was enacted in 1957 because the nuclear power industry was concerned about the possibility of an accident that might result in billions of dollars of liability, while the insurance industry was not able to provide liability insurance in excess of $60 million, which, incidentally, was about four times as great as any liability policy ever previously written. This circumstance led to a refusal by Industry to invest in nuclear power for fear of bankrupting liability, I the Price -Anderson Act was enacted specifically to eliminate the and liminating this "roadblock" to possibility of such liability, thereby e development and introduction of nuclear power. In order to persuade Congress of the need for this extraordinary legislation, the AEC had its Brookhaven National Laboratory undertake a study that showed, under extremely pessimistic, and perhaps unrealistic, assumptions, that a catastrophic accident in a nuclear power plant of the 1956 era (con- siderably smaller than at present) could result in 3 , 400 deaths, 43,000 injuries, and $7 billion in property damage• Once the Price - Report was hastily disowned Anderson Act was enacted, the Brookhaven by its sponsors. Obviously consequences of this magnitude are many orders of magnitude beyond those that can be visualized, or even imag fined, as resulting from any other man-made source. The Price - Anderson Act itself, on its face, contemplates a catastrophic accident that could result in liability in excess of $560 million. I do not intend to discuss all of the provisions of the Price -Anderson Act, some of which are clearly desirablebut only those directly related , to the question of the risks of nuclear power. The Price -Anderson Act requires each utility licensed to operate a nuclear power plant to carry the maximum amount of insurance available from private sources. At present, this is $95 million. In addition, the licensee is required to enter into an indemnity agreement with the AEG whereby the AEC will indemnify the licensee and any other person who may be liable to -rs of the public as a consequence of an accident causing release membe ount of the indemnity is $560 million of radioactive material. The am s the amount of in carried., or $465 million. The premiums less mi of insurance presumably reflect the underwriters' paid for the $`� 5 m the AEC a fee for the $465 assessment of the risk. The licensee pays million indemnity, but this fee bears no relationship to the risk and admittedly is considerably less than premiums for equivalent insurance, uld be. To give you an example of how this works, one if available, wo licensed nuclear power plant pays an annual premium of $250,000 recently for its $95 million insurance coverage and an annual fee to the AEC of $73,500 for its $465 million indemnity coverage. In addition, and most importantly, the Price -Anderson Act provides that all liability is cut off at $ 560 million, the sum of the insurance and e in excess of this amount, indemnity coverages. If liability claims ar -rata among claimants. Thus, the $560 million fund is apportioned pro a if an accident causes damages of a billion dollars, each person injured will recover only about fifty percent of his loss. The effect of these provisions is remarkable. Members of the nuclear power industry can construct and operate nuclear power plants totally free of any possibility that they will have one penny's worth of liability out of their own pockets. The costs which they bear as a consequence of public liability are limited to their insurance premiums and indemnity fees. It was clear in 1957 that industry would not invest in nuclear power without protection of the kind afforded by Price -Anderson. It seems clear that the same was true in 1965 when Congress extended the Act for an additional ten-year period until August 1, 19 77. It remains to be seen whether industry will now demand a further extension. Thus, the existence of Price -Anderson has been, and perhaps still is, the sine qua non of nuclear power. It is anomalous, to say the least, that members of the public in the shadow of nuclear power plants are compelled to assume the risk of a nuclear power plant catastrophe while industry refuses to assume the very same risk without the protective umbrella of the Price -Anderson Act. The mythology spouted by the atomic energy establishment is that the possibility of a catastrophic accident is exceedingly remote, infinitesimally small, because of the extraordinary safety precautions taken and the stringency of AEC safety review and regulation. The Price -Anderson Act exists, it is suggested, primarily to protect the public by making funds readily available — to the extent of $560 million — to compensate injured persons if this exceedingly improbable accident occurs. Thus, the mythology goes, AEC regulation adequately protects the public against the possibility of a catastrophe, while the Price - Anderson Act protects both the public and the industry against the enormous financial losses which may result if somehow a catastrophic accident occurs despite the regulation. It has always been recognized that one function of tort lav in imposing liability for negligence has been to deter careless activity. In recent U years, there has been an increasing tendency on the part of courts to impose liability without fault, particularly with respect to ultrahazardous activities, and it is clear that one underlying purpose has been to deter the conduct of such activities. It has been recognized that whether or not an activity is ultrahazardous, so that strict liability will be imposed, depends in large part on the magnitude of harm that may result from an accident, even if the accident is unlikely to occur. Thus, whereas our legal system, in imposing the threat of substantial liability for the ultra -- hazardous nuclear power industry, is expected to deter nuclear power activities, this salutary legal principle is subverted by the Price -Anderson Act which explicitly encourages, and indeed subsidizes, these activities. In terms of economic analysis, it is apparent that potential liability, or the costs of insurance to protect against such liability, are recognized as elements of cost by an enterprise considering whether to engage in a hazardous undertaking. If these costs incident to potential liability are excessive, the market system flashes a red light to halt the hazardous activity. The market system is, therefore, society's first line of defense against catastrophic accidents. It is only after the market system flashes a green light that regulation begins, since until that green light is flashed there is nothing to regulate. The Price -Anderson Act, therefore, may be viewed as contemplating a complete substitution of regulation for the market forces, and results in a situation in which society's only protection against catastrophic accidents rests in the effectiveness of regulation. How effective is regulation of nuclear power in protecting the public interest? Is the public interest adversely affected by the present public policy of encouraging this ultrahazardous activity subject to stringent regulation? There is no question in my mind that the AEC's regulatory structure is in fact stringent and that it is administered by an outstandingly competent and dedicated organization. Indeed, I personally believe that the quality of this regulation is such that nuclear power plants are as safe as they possibly could be, consistent with their operating at all in an economically viable manner. The problem, as I see it, is that after all economically feasible safety precautions are taken, and given all of this stringent regulation, the very existence and operation of nuclear power plants poses the real risk of catastrophic accidents of an unacceptable magnitude. Shortly after James R. Schlesinger became Chairman of the Atomic Energy Commission in 1971, he pointed out that the development of nuclear power since 1954 has been extremely rapid, and analogized it to the situation which would have existed had commercial aviation pro- ceeded from Kitty Hawk to the Boeing 747 in only 25 years. The rapid development of the nuclear power technology has resulted from a number of factors. First, the underlying technology developed entirely at government expense from 1942 until 1954 was handed to private industry on a silver platter. Since 1954, the industry has been the recipient of additional government bounty in the form of direct and indirect govern- ment subsidy, including the Price. -Anderson Act, and of intense factors have largely neutralized and government moral support. These out -weighed the normal deterrent forces of the marketplace.. Unlike the typical technology which is developed slowly through a process of trial back from the market at each stage, and error experience, with feed nuclear power has been developed and introduced without the necessity for reliance on trial and error experience, and, insofar as safety is concerned, without regard to the potential liability costs of accidents. Experience has been leapfrogged as industry has moved to successively larger and more sophisticated systems before adequately absorbing the lessons of experience with earlier generations of systems. Of course, experience to date has been good, and there have been no accidents that have affected the public. But no nuclear power plant in the United States has been in operation for as long as seventeen years. Nevertheless, they are being licensed to operate for forty years. The regulatory system accepts the technology as adequately safe because the experts have carefully and thoroughly analyzed the systems and components, run them through sophisticated computer analyses, and concluded that they will operate and behave as predicted. In short, the public health and safety is totally dependent upon the validity of predictive judgments made by the experts as a substitute for the lessons of experience. Given the inherent fallibility of mortal man, this is a slender reed on which to base reliance. Indeed, even if we could assume the validity of what the experts tell us, there are countless ways in which a catastrophic accident could nevertheless occur: for example, as a consequence of human error or idiocy, sabotage, an act of God, or some totally unforeseeable event or combination of events . The point I am trying to make was made much more effectively by the Swedish Nobel Laureate, Dr. Hans Alfven, in the May 1972 issue of the Bulletin of the Atomic Scientists. Addressing his statements to the claims of the experts that nuclear power is safe, he said: "The real issue is whether their blueprints will work in the real world and not only in a technological paradise. Fission energy advocates say that in all other technologies one accepts certain risks and that there is no way of completely eliminating all hazards. They claim to have taken all reasonable precautions to eliminate risks. What more can they do? "This may very well be true, but it is irrelevant because we are facing risks the nature of which we have never before experienced. The consequences of nuclear catastrophes are so terrible that the risks which are considered to be normal are unacceptable in this field. „F• :..: , is siV_LL io JULG v�asy sa. u iausiw .• vi "`�`�"�•� devices work as they should, if a number of people in key positions follow all their instructions, if there is no hijacking, if the extremely dangerous material does not get into the hands of ignorant people or desperadoes . No acts of God can be permitted. If all of these condi- tions are met, one has the technological paradise that he is discussing." In short, we should recognize that the presence of nuclear power plants in our society poses enormous risks . The risks are enormous because of the magnitude of the catastrophe that they can cause, even - 13 h an occurrence is extremely if it be assumed that the possibility of suc remote. My plea is not that nuclear power be abandoned, but only that the magnitude of the risk be recognized. The fact that nuclear power ot mean that we should not have nuclear involves enormous risks does n power. It may well be that our need for energy dictates that these risks be assumed. This is, of course, a political question that should be resolved through the normal political processes. Some say that this political question has already been resolved. This is true in a sense. It is clear that we have today a national policy that nuclear power plants should be built and operated, But this national policy has come about without any real public discussion or debate about the balance of the risks and benefits of nuclear power. For the better part of the past two decades, there has been a calculated effort on the art of the atomic energy establishment —'industry, the AEC, Committee on Atomic Energy — to minimi4e and the joint Congressional and conceal the risks. The establishment believes, sincerely I think, DATE: January 31, 1974 ): JohnsonCounty COSSlissi Ori On Enviror_neraal Q1ua.11'C'_7 F2CS,':l: P_bbie Stolfus, Citv Clerk January 29, 197 Council Meeting Ft their meeting on January 29th, 1974, t.e iowa Cii.y City Cour_ci1 officially received documents from Joyce DoStale, nuclear energy. These documents were received and copies directed to be to the City Manager and to the Johnson Cour_ty Cormc o Environmental Quality for review and report to Cou:cil. , F zttached are the three documents_ Mayor Czarnecki called attention to the Joint :;feet i r,c, cr �2L-uary Sih, for discussion of the Noisc- Ordinance a=:c c= rergy Crisis. GENERAL FUND MEETING OF THE CITY COUNCIL JANUARY 29, 1974 DISBURSEMENTS ARV 15 JANUARY 1, 1974, THRU JANU , International City Management Assoc. National Tecnnical Information Breese's Johnson's Machine Shop U. S. Post Office D. Craig Miller Petty Casn Standard Oil Co. Iowa Illinois Gas & Electric Barker's Inc. Hospital Services Steve Sacora Public Relations Society Marjorie Wehmeyer Donutland Matt Parrott & Sons Charles Gaeta Am. Forestry Association W. J. Tegler Mc Cabe Equipment U. S. Conference of Mayors Newsletter Real Estate Research Corp. International Chiefs of Police Secretary's Book Club Am. for Effective Law Enforcement Hawkeye Engineering Co. Hayek, Hayek, & Hayek Sieg Co. Crescent Electric Econogas Service, Inc. Iowa City Urban Renewal Association of Bi -State Fire Prevention Red Carpet Travel Service Cnestnut Mountain Lodge Highlander Crow & Irwin Vets Lawyers Coop Publishing Linn County Nurseries Contractors Tool $ Supply NW University Traffic Institute Johnson County Regional Planning Plumbers Supply Communications Engineering S Post office Commission U. Association of Independant Insurance Agents U. S. Post Office Ottumwa Transit Lines Iowa City Fire Department 1974 Book Publication Tools Equipment Repair Post Cards Technical Service Misc. Expenses Gasoline Gas 5 Electricity Ground Improvements Health Insurance Refund Dues Operating Supplies Refund Printing Refund Magazine Medical Services Equipment Membership Subscription Books Magazine Book Magazine Engineering Services Attorney Service Vehicle Repair Electrical Supplies Fuel Office Rental Registration Travel Expense Reimbursable Travel Meals Veternarian Service Book Trees Operating Supplies Registration Membership Construction Supplies Equipment Postage Insurance Postage Coach Rental Food Allowance 8.00 32.25 240.61 3.92 120.00 100.00 175.15 42.97 10$39.37 16$92.33 9,550.98 125.00 72.00 44.64 S0.00 21.95 10.00 7.50 6.00 46.75 500.00 5.00 20.00 15.00 1.29 27.00 1,552.00 132.50 11.94 436.04 14.95 145.00 10.00 141:55 699.83 2,404.50 225.50 22.50 790.00 907.29 200.00 23,425.00 167.53 170.00 1,000.00 50,391.65 95.00 2,000.00 480.00 GENERAL FUND (CONT'D) Petty Cash Hurst Plumbing Co. Ranger Rick's Nature Club Supt. of Documents Callaghan $ Co. Sherwin-Williams Recreation Department Treasurer of Johnson County Eicher Florist Iowa City Optimist Club Tandy Leather Co. National Technical Inf. Service National Traffic Law News Iowa City Ready Mix C $ V Kleen King Sales Snair Hardware Co. Capitol Propane Gas International Shade Tree Conf. National Landscape Assocation Bobcat Reloading Litco Costume Rental Credit Bureau of Iowa City Nicholas Smeed Hilton Inn of Dallas U. S. Post Office I. C. M. A. Retirement Northwestern Bell Telephone E. K. Jones Recreation Department U. S. Post Office DEBT SERVICE FUND Iowa Des Moines National Bank A. J. Soucek, DDS CAPITAL PROJECTS FUND Burger Construction Roto Rooter Sewer Sheriff of Johnson County Northern Bank Note Iowa State Bank $ Trust Misc. Supplies 200.00 Refund 20.00 Subscription 6.00 Book 2.00 Books 65.00 Painting Supplies 77.52 Misc. Expenses 21.05 8.00 Report 25.00 Rec. Supplies 17.50 Rec. Supplies 24.25 Rec. Supplies 9'75 Books 32.00 Magazine Concrete 172.24 Operating Supplies 38.00 Tools 51.90 Minor Equipment 35.50 Membership 25.00 Book 2.00 Supplies 40.00 Costume Rental 178.90 Technical Service 2.90 Travel Expense 7.89 Lodging 75.47 Postage 660.00 Supplement Retirement 2,500.00 Telephone Service 2,128.20 Management Fee 1,250.00 Golden Age Parking 24.05 660.00 Postage 131,940.61 Coupons Coupons Building Construction Improvement Maintenance Court Costs Bond Printing Landfill Purchase 170.00 17.00 187.00 12,208.50 4,310.00 330.60 190.18 25,370.00 42,409.28 ENTERPRISE FUND FICA 1,345.44 I. E. S. C. Equipment Repair 10.03 Johnson's Machine Shop -Misc. Expenses 2.43 Petty Cash Solvent 4.50 Standard Oil Co. Electricity 8,702.65 Iowa Illinois Gas & Electric Health Insurance 1,143.35 Hospital Services 30.25 Wendell Hahn Improvement Repairs ENTERPRISE FUND (CONT'D) Refund 5.00 Judy Mills Misc. Supplies 14.25 Milton Roy Co. Equipment Rental 42.95 Sieg Co.15.48 Crescent Electric Supply Electrical Supplies Operating Supplies .54 Capitol Implement Rental of Lan d 356.25 Iowa City Urban Renewal Operating Supplies 3 25 Rockwell Contractor's Tool 8 Supply Operating Supplies 264.34 244.70 Plumber's Supply Co. Meter Repair Electrical Supplies 9.60 Communications Engineering Uniform Purchase 8.16 George Knottnerus Uniform Purchase 7.26 Robert Walters IPERS 791.47 IPERS13.50 Equipment Repair Bob's Service Center Budgeted Transfer 23000.00 Sewer Reserve Budgeted Transfer 20 000.00 , Sewer Reserve Telephone Service 395.98 Northwestern Bell 35,411.38 TRUST & AGENCY FUND FICA 7,768.96 I. E. S. C. Misc. Expenses 80.90 Petty Cash Refund 90.00 Mary Tiegreen IPERS- 4,265.98 IPERS267.50 Lumber Supplies Brock Lumber Co. 12,473.34 INTRAGOVERNMENTAL SERVICEFUND FICA 484.52 I. E. S. C. Cline Truck & Equipment Vehicle Repair Vehicle Repair 86.96 2,537.95 Herman M. Brown Co. Vehicle Repair 867.92 Breese's103.86 Vehicle Repair Johnson's Machine Shop Payroll Transfer 153,000.00 Hawkeye State Bank Misc. Expenses 9.96 Petty Casri Gasoline 5 503.75 Standard Oil Co. Iowa Illinois Gas 8 Electric Gas & Electricity 2,135.58 972.99 Hospital Services Health Insurance Maintenance Agreement 37.50 Power Equipment Repair Materials 2.08 McCabe Equipment - Towing 40.00 Steve's Conoco Service Repair Materials 142.80 Davenport Spring Co. Vehicle Repair 194.38 Sieg Co.59.92 Crescent Electric Supply Electrical Supplies Repairs to Vehicles 1,149.30 Capitol Implement m. Repair Materials 2.80 Paul's Texaco Contractor's Tool 8 Supply - Operating Supplies 48.06 2.10 Thomas Guinn Refund Refund 10.00 Mary Farrell Repair Supplies .51 Plumbers Supply Refund 10.00 Don Holmes Refund 1.34 Bradley Switzer Refund 25.00 H. Simmonds Thomas Driscoll Refund 4.70 INTRAGOVERNMENTAL SERVICE FUND (CONTID 5.45 Refund 7.70 Michelle Richmond Refund Matthew J. Pozen Oil 150.60 Ottsen Oil Co. Vehicle Repair 224.50 Communications Engineering Travel Expense 123.10 Omer Letts Payroll Transfer 129,000.00 Hawkeye State Bank Travel Expense 20.00 Executive Inn Chemical Supplies 19.27 Chemistry/University of Iowa Vehicle Maintenance 17.57 Goodyear Service Stores IPERS 270.53 IPERS Refund 2'96 Gary Wyant Refund 7'70 Charles A. ARnold - Refund 5.41 Linda Harrison Refund 7'70 Norman Stephenson Refund 7'70 Kenneth E. Adamson Refund 4.81 Steve Rynecki Refund 5.94 Pat Vogle Refund 3.11 -Margaret Davin Refund 9'85 150.00 Michael L. Eckburg Vehicle Maintenance Harris Truck Repair Miscellaneous 29'00 Fay's Fire Equipment Repair Materials 69.70 Martin Bros. Implement Refund 4.12 Aerial Surveilance Refund 7'70 Robert Adam Refund 4'32 Don Lindley Refund 1.32 6.51 Edward Garmon Refund David Gustayson Refund 6.02 Loren Leistikow Refund 3.76 Michael Tippery Refund 7'70 Connie Van De Wiele Refund 4.40 Frederick Hollander Refund 4.10 Michael Hanrahan Refund 5.66 John Good Refund 5.16 3.00 Jim Hibma Refund 62.50 Jill Hender Travel Expense Charles L. Gillett Payroll Transfer 2,230.26 Hawkeye State Bank Telephone Service 356.90 Northwestern Bell Travel Expense 131.65 300,42 David L. Malone 1.66 SPECIAL ASSESSMENT FUND Street Construction 36,170.41 Metro Pavers Legal Opinions 285'27 Northern Bank Note 36,455.68 GRAND TOTAL $559,298.95 The above disbursements allocated by fund in the total amount of $559,298.95 represents an accurate accounting of obligations of the City of Iowa City. ✓J. B. Pugh, Jr. Director Department of Finance • Biaim-ss Office January 22, 1974 Mayor & City Council Civic Center Iowa City, Iowa 52240 Gentlemen: The University has recently completed the purchase of all properties located in Block 6, County Seat Addition, Iowa City, Iowa. More specifically, this is the block bounded by Madison, Capitol, Prentiss and Harrison. The purpose of this letter is to request the City of Iowa City to vacate the alley in Block 6 to the State of Iowa for the use and benefit of the State University of Iowa. RBM:jld Very truly yours, �������h-rY� PvV� Ray B. Mossman Business Manager & Treasurer JL.J� ice, it iX Thb-mIcKtIt I .. .. ..... .. Maw r1referreci your,ueaz , V, Lbh to - N4- +x)...,.-e. i, - he aittentlo iA to ':--6f-AhqQClt --�C*mb "Fs 't I - tcitV,2 any .J -N, _7.ti N�' 4 g, Nk 'Zp. I R;.. v Xz iLt. it -k Jr .'1974 Fa - City -Clty-- ml j your - • late. t talle e JL.J� ice, it iX Thb-mIcKtIt I .. .. ..... .. Maw r1referreci your,ueaz , V, Lbh to - N4- +x)...,.-e. i, - he aittentlo iA to ':--6f-AhqQClt --�C*mb "Fs 't I - tcitV,2 any .J -N, _7.ti N�' 4 g, Nk 'Zp. I R;.. v Xz iLt. it -k 60 MARIETTA • Dr. Edgar Czarnecki Mayor, Iowa City Cntr Lab Mgmt 30 PHBA The University of Iowa Iowa City, Ia. Dear Mayor Czarnecki: IOWA CITY, IOWA 52240 ---. • PHONE: A.C. 319 338-3305 Jan. 23, 1974 Would it be feasible in future sidewalk construction to cut through the curbs at street intersections and slope the sidewalk down to street level? That is,substitute a "ramp" effect for the six-inch vertical drop from sidewalk to street level which is now the standard procedure at street or driveway intersections. This plan would benefit the users of almost any device with wheels, i.e., bicycles, tricycles, wheelchairs, and so on. It would eliminate a hazard for the very elderly and for handicapped people. Perhaps I have overlooked the disadvantages. At any rate here is a suggestion for your consideration. May we give many votes of appreciation for the continuing attention given by you and the council bo the welfare of the people of Iowa City. • IOPLAY PATENTED TENNIS COURTS • TENNIS COURT SUPPLIES • CONCRETE - ASPHALT STAINS Sincerely, • ADVISORY TENNIS COURT CONSTRUCTION TENNIS PROGRAMS CLINICS pu, yvui � F _ l y 1�•::.19.7q� �. nage t - f 1 3 � 4 f t� A � v. Iowa` City City cor►struction - k pu, yvui i nage - f 3 � i Mr. Rai Wells City Manager's City Hall Iowa City, Ia. Dear Mr. Wells: DIVIDEND BONDED GAS 700 DOUGLAS STREET SIOUX CITY, IOWA 51101 PHONE (712) 255-9175 January 24, 1974 Office 52240 I appreciate your telephone conversation this afternoon with respect to the proposed vacation of partrof Dubuque Street south of our new service station. As I stated on the phone, we were never informed ofmsuch a plan either while our new station was being planned, under construction, or since it opened for business in early November, 1973• Our history in Iowa City has been a per�lexing one, but we have always managed to adjust to the many temporary and permanent changes in our area, while we werelocated at Burlington and Clinton Streets. Of course, we had hoped such disruptions would be over once moved one block east. Perhaps when we are able to discuss this matter with the City Council we can make a better case for the additional complication this represents to us. Accordingly, we appreciate your making room for us at your sessions beginning at 4:00 F. M. on 'Tuesday, February 5. We will look forward to discussing this with you and the Council. V-r-y � �trru�l ours, 4`„''" Earle Grueskin cc. A. A. Arkin STATIONS LOCATED AT: SIOUX CITY. IOWA 0 IOWA CITY, IOWA 0 O"ENFORT, IOWA 0 OASANA, NEBRASKA • LINGOIN, NEBRASKA • DAKOTA CITY, NEBRASKA • ROCK ISLAND, ILLINOIS ` t_ C Ft a' as easy as your f r 4 C t - you,`p.leaae do not ry 1, •974.. :_ N A.• 0. 4. I' truly, -.,yours . L 1 ` ';was"established: , from parking, ne a' as easy as your f r 4 C t - you,`p.leaae do not skI 1 t �e S truly, -.,yours . L 1 � 4 of file your t.� Oa land,aotide YOU 'Manager �` . ` ';was"established: , from parking, ne a' as easy as your f r 4 you,`p.leaae do not t truly, -.,yours . - r; � 4 pts 'Manager �` r < C_� Y \ 4 +l t _ Lyy ♦ ti� GROW TO • REACH ENVIRONMENTAL EXCELLENCE NOW Civic Center, Iowa City, Iowa 52240 Mayor Edgar Czarnecki and the Iowa City City Council Iowa City, Iowa 52240 Pf�0JECT GREEN January 24, 1974 As we all become more aware of the and as -the weather improves, more City area will turn to the use of cars. We feel very strongly that should act now to encourage the us means of transportation. energy crisis, people in the Iowa bicycles rather than the City Council e of bicycles as a We certainly appreciate the favorable attitude of the City Council towards the Hawkeye Area Bikeway plan in general and -a small number of bike lanes and routes that have been established in the city in particular. However, bicycle planning and implementation has always had a very low priority in the budget and it is time for a change. Statistics from the bicycle stores in the Iowa City area show an increase of between 30 - 50% in the number of bicycles sold over the past four years and bicycle registrations have gone from 594 in 1969 to 3,325 in 1973• These figures show that the number of bicyclists has increased enormously in Iowa City in recent years, just as it has in the rest of the nation. Bicycle racks downtown, provided by the City, are almost always filled except in very cold or wet weather, and the 5 or 6 miles of marked lanes and bike routes that do exist in the City are appreciated and used. In light of these facts we would urge the City Council to take action by: 1) Directing the City Staff to allocate time and personnel to bikeway planning. 2) Ensuring that the staff coordinate road - widening and traffic plans to include bicycles. 3) Allocating funds to be used for bikeway planning and building specifically. 4) Doubling the length of marked bike routes by January 1975. Basically, the bicycle is an important mode: of trans- portation (especially with gasoline shortages) and must be treated seriously. The expertise and initiative in planning should be coming from the City Staff and not just from an interested group of citizens. We therefore ask the City Council to direct the City Staff to plan specifically for bicycles and to establish a time table for completion of plans and routes. Bikeways Committee of Project GREEN �gE�Nnfia%lkman ( Chairman) er Helen Brownell Betsy Haw trey Jan Kulas cc: City Manager. - Ray Wells Parks & Recreation Director - Etagene,Chubb 2) 3) 4) 5) 6) 7) *03 Signing College Street Completion of curb cut and signing of North Dubuque Street between Park Road and Church Street Curb cuts on Gilbert, Street Hollywood - Highland Route Madison Street Inclusion of bike lanes in any work on Melrose Burlington Street - lanes between Riverside and Madison or an alternative route by the University Library (Coralville - Iowa City Bike link will probably funnel onto Burlington Street bridge) Rocky Shore Drive a�J oms r(nu&- 7�C D.VE: January '311, 1974 Regional Planning Commissionpm^P ; IO\ J. P=tr1c _ ybi e Stolfus, Ci tv Clerk January 29, 1974 Council Meeting At their regular meeting on January 29, 197 *-=.e IG*v:a C C-_y Council Officially received the attnChed iettE- ?_lIman, Bikeways Committee OL Project Green, concern_-g n=a__ning. BV motion adopted 2/1, Councilman l,71ire votirn, ir.o, dLrected that a copy of the letter he sent to the C:_�..:.._.- Cc= _ iss Gn and that the City Manager allocate staff ti='.` =c_ _. and recommend a plan to the Council for bi c47aVS. ly. yours.y - tfi t l•:-1974 " 'ells 1 lager �-' t a1 �i i Y s h .t- 1 t.. _ f� h� Y s Y� l p , i 1 Y t. X C J t 15 � _ ` f City;, City' ,� ly. yours.y - t 'ells 1 lager �-' Y h .t- 1 t.. _ •.ly Y s 1 Y t. X C J T r. f ,� Y A Oy-- JOHN G STpNIS MOM6. -�' '• •: - _MI11jGAn a smirrms MAINS HMRY SYMIROTDN. M0. - , 'SiROM.TNORMOD. S '.: '. .. .. .-. HENRY M. JACKSON. WASH. `J0" aM.C.. TOWER. T=. SAM 1. F IN. JR.. N.G J. MCIC H. DOMINIM. B - HOWARD W. GNNON. HEV. - PETER ���( `�� �j•7 f1.vY/Y�[1 THOMAS NTYRE. NJ1. -BARRY GO SCA � ER '� RICHARD 5. CHYf te HARRY F.Y JR.. WILLIAM B. SA%BE. OHIO -.. HAROLD E.. NUDHES. IOW" A LLGrD eEr+rSEH. TEx. - - - COMMITTEE ON ARMED SERVICES T. EDWARD BRASWEIJ_.JR.. CHIEF COUNSEL AYD ST"' DIRECIDR WASHINGTON. D.C. 20510 January 22, 197+ The Honorable Edgar R. Czarnecki Mayor City of Iowa City Civic Center 410 E. Washington street 2 Iowa City, Iowa 5240 Dear Mayor Czarnecki: Thanks so much for your letter telling me that the City of Iowa City has applied for designation as an official American Revolution Bicentennial Community. our application, I have asked the Directoal attentione,mertoan Revolution BI centennial to give spejust ust as soon as and I will get back in touch with y hear from him. A+ to be of some assistance to I appreciate you. HEH:pas this opportune y Sincerely, FWHAROLD E. HUGH S 1.' ©ATE: January 31, 10,74 TO: ?owa City Housing Commission ATTENTION: Jack White, Abbe S-olfus, City Clerk Januar 29 197? Y Council meeting At their meeting on January 29th , 19741 , the ? owa C1 �" C. Cou..cil officiall received the a r n,: Y ttached from Se: �.�or i_uc es concerning various housing legislation proposals be, -.r, eviewed by Congress. The Council requested that a copy of the letter be to your Commission. %. �/z �!� 715 RIVER STREET IOWA CITY, IOWA 52240 PHONE:337-/ts3 � January 21, 1974 Mr. Ed Czarneki Mayor Iowa City, IA Dear Mr. Czarneki: I am writing to you on behalf of the Hawkeye Area Chapter of the Iowa Civil Liberities Union to ask that the City Council reconsider Section 812.2C of the Iowa City Sign Ordinance. The Civil Liberties.Union, committed to freedo�hand diversitany act orstatute of speech and political expression, is unhappy which denies the public access to information or opinion or denies to individual citizens any -form of political expansion. We believe Section 812.2C does both of these things. Therefore, we beg your consideration of the following alterations: 1,. Outright repeal of the ban on political signs in residential neighborhoods. 2. An amendment to regulate for esthetic and sanitation reasons the size, form, and length of time political y be displayed. Thank you for your attention. Sincerely yours, Hanna B. Weston Hawkeye Area Chapter/Iowa Civil Liberties Union pkv -h ►� and f •a attention i SY. urA- - F � ~l t v r R\ r' r _ z r ' f ra y 'City ler your "th'e' `Iowa City; Lecuesed with - r -h ►� and f •a attention i SY. urA- - F � ~l t v r l �� _ z Education, Iowa City, serve as a member of you needed an official r, 1973. RST t nary 1 < 1974 ;. �x`�trulg, :yours, �n y' Manager T yk y r WiT iti x✓- a ' _ err?' 4) K � _ _r T` t � r }� y Yep: IGwa; City" City;_ i �on� life your ` t �x`�trulg, :yours, �n y' Manager T yk y r err?' 4) K � _ _r T` � r P - r. r. r t L' � S. f t The Honorable Edgar Czarnecki Mayor of Iowa City 410 E. Washington, Civic Center Iowa City, Iowa 52240 Dear Mayor Czarnecki: UNITED STATES CONFERENCE OF MAYORS January 24, 1974 During the�past year, both the National League of Cities and the United States Conference of Mayors have been instructed by their_ memberships to assign top priority to the passage of community development.block grant legislation. The task of consolidating and simplify- ing HUD's various community development categorical programs into a single, flexible block grant has been a subject of discussion for a number of years, during which time a variety ofproposalshave been presented. -- In 1971, the Administration called for the enactment of "Urban Community Development Special Revenue Sharing" legislation, a proposal which was changed slightly and reintro- duced in 1973 as the "Better Communities Act." Alternative approaches were produced by the Senate Banking, Housing and Urban Affairs Committee ("Community Development Assistance Act") and the House Banking and Currency Committee ("Community Development Block Grants") in 1972. Within the next few months, these same Congressional Committees are again expected to report favorably community development legislation as part of a 1972 omnibus housing bill. Throughout this long process, the League and Conference have worked closely both with the Administration and with the Congress. We have now reached a critical point in the process where a series of Congressional and Administrative actions must be taken within the next few months in order to avoid the disruption of present local programs and the demise of the new legislation. The purpose of this communication and subsequent ones of a similar nature is to help acquaint you with what we see as the options available with the Congress and Administration. Within this framework, there are clearly certain interests held by each of the parties to the pro- cess—the Congress, the Administration, and the cities --which are unachievable. At the same time, there are a wide range of interests which all of the parties share and on which there is general agreement. In the area of the unachievable, the most fundamental differences can be found in the approaches of the Congress 'and _the Administration to the matter of submission requirements and of federal review and approval prior to funding. The administration proposes to allocate funds according to a national formula with few, if any restrictions on the use of the funds by communities. On the other hand, the Congressional proposals for sub- stantive application and review procedures reflect a strong conviction that this be -a program --not to be confused with general revenue sharing --which reflects the nation's willingness and ability to achieve certain national objectives while assisting local governments to meet local community development priorities. 1620 Eye Street, N.W., Washington D. C. 20006 / 202-293-7300 -2 - For the cities, it is essential that the final legislation provide direct funding to units of general purpose local government. The process of obtaining block grant assis- tance must be simple and streamlined, with the federal government retaining some reasonable method for measuring local activities against certain broad national objectives. As the shift from the old to the new is made, current local program efforts must be main- tained and strengthened where possible. These objectives are generally consistent with those of the Administration and Congress. The job is to bring the various positions of these two parties sufficiently into harmony to produce final agreement as close as possible to the interests of the cities. It is clear that the Congress will not approve the Administration's proposed "Better Communities Act." It is also clear that the Administration will not accept a new program which appears to continue the essential elements of the existing categorical programs under another name. Pressures from city interests in support of either of these extremes will be unproductive. We must work to find the common ground on which locally -determined, federally -funded community development activity can move ahead. A major item of parallel importance to cities is the prospect for continued interim funding of the existing HUD community development categorical programs during u he remain- ing a ing transition period before the start of the new block grant, probably Y 1, 75. The Administration has chosen as its strategy for moving the Congress along on the legislation the institution of a schedule which projects the termination of the present programs by July 1, 1974. However, it now seems clear that there will not be a funded and operating block grant in place prior to this July 1, 1974. Additional funding must be provided to support the continuation of existing program efforts through FY 75 until the new program is operational. The time for concerted action by city officials is now. We recommend that you begin contacting your Congressional delegation to stress the importance of moving ahead on both the new legislation and the needed interim funding. In your discussion nto with Senaesstors, Congressmen and other interests supportive of this effort, we urge y ou following basic points: 1. The legislation should consolidate the following programs: Urban Renewal, Model Cities, Basic Water and Sewer Facilities, Open Space Land, Neighborhood Facilities, and Rehabilitation Loans. 2. Community Development block grants should flow directly to units of gen- eral purpose local government rather than to special purpose agencies as has been the case in the past with some of these programs. This direct Federal -local relation- ship should continue, regardless of the size of the community. 3. Communities should be authorized to undertake a broad range of physical devel- opment activities as well as the provision of certain supportive community services and facilities. In designing its local program, communities should take into account both national goals and local.priorities. Through the submission of simplified state- ments, communities would set for the locally determined needs and objectives and locally • -3- ding such activities as increasing the supply of low and designed action programs, inclu moderate income housing and preventing and eliminating slums and blight. should be to determine riorities within the areas aueStinged by additional q. The role of the Federal Department in this new system has set forth its period, the community, in req whether a community priorities statute. At the end of each contract P ro ressed in the acl�ievemenL- of its P funds, would declare how it had in faro progress toward that end. and how it proposes to make further p g racticable to allocate need, its level of prior perfor- 5. The legislation should create as stable a method as is P out a com- the funds which takes into acand its capacty to devise mance under the consolidated programs, i and carry count each community's prehensive community development program. legislation should provide for 100 per - development block grant leg' it is particularly 6. The community le year contracts. In addition, cent federal funding and for n pro Y guarantee of local temporary provide for the oudeChe ocal program. important that the legislation P to carry financing actions which are necessary e between a city's cum - rant program should assure a close linkage supported programs for 7. The block g of federally houmunsi ty development activity and the aeo1le living and working in the community. housing for low and moderate income people the next month, our Congressmen and Senators during here month, in In addition to direct contact with Y Development, so that you can you should also be planning to attend our annual Congressional City March 3-5, which Will concentrate on ourCommunity concerns to the Congress both for Washington, officials in expressing y join with other city earl action on the legislation and for interim funding. Sincerely, 01/ J J. Gunther Allen E. Pritchard, Jr- Executive Director Executive Vice President U.S. Conference of Mayors National League of Cities 3, - wry W—I st ry �151 1j" V W, AJ:4, IS. MW -a "4 0 Q W, A Fw 5, not. 1 s. 43 - tiff' 0 tt wa, 4 A e orb unit 162W: I Street At P. EJ D", 7 Iw"hi ON li`ka 1`;��,*.��X��jjjqwl A L S. _51. mw ""P" ­ J City placed on File your A ­Ik� 0= L� f fji4d _N�l community nt,3%L aV61d to the �:'atteritiOri g --1.t]AS,74Mitt e r I°� ,=of die Citycouncil�3 VA' mwq� aere I �Vy . you:r truly - way, 4­tj __3 evev%Qw A eZ� 2't lays y Q 'umn W N. Q- q ,yy , 1 1-3 , , ?_� - �. - - - I,- PAY'A;:� -- --- -- I A -W 1 MIS, t.�, -5 1N qt�! t7r, - 1,e Ono 1 0% �Zoiz,j od 164- �Qj on a Saw% It - so SU Q, WN sy 1 t -1 Iowa City Chamber of HOME 7T OF UNIVERSITY OF IOWA January 25 1974 Mr. Ray Wells, City Manager Mayor & City Council City of Iowa City Civic Center Iowa City, IA 52240 Dear Mr. Wells & City Council: Commerce i P.O. BOX 673 ;IOWA CITY, IOWA 52240 "PHONE 337.9637 I thank you on behalf of the Chamber of Commerce for the efforts that have been made recently in the consideration of the redevelopment pro- posal by Old Capitol. There have been many obstacles which have been overcome and it appears that further perilous delays have been avoid- ed. Your continued positive action on this excellent proposal will be appreciated not only by those many citizens' who have worked so hard to improve our downtown, but also by future citizens who will benefit from your foresight. Be assured that the Chamber continues its vigorous support and endorse- ment of this vital project. Respectfully, Byro Ross, President Chamber of Commerce BR/nd ACCREDITED CHAMBER OF COMMERCE 5� Y - - r ry Y y Si i t Y _ Y' Sg- ; 4 vary, 1. s 19 F _ y 4 f5 ter, _ y r City LI'6� yourt- pr'oposah by s appreciates', ti proposa'1. [ ant�conaezning f ly> your s F .F L'. Y 4i ells �; ager i �t..l •1 _ 1 t a lr t' V - r _ :r F J. �> r n O n � D 7v � D O v � 0 r D O T =� v z n 1 fJta. it Iowa city= -T Chamber HOME OF UNIVERSITYOF IOWA ---._. January 25 1974 Mr. Ray Wells, City Manager Mayor & City Council City of Iowa City Civic Center Iowa City, IA 52240 Dear Mr. Wells & City Council: of Commerce P.O. BOX 673 :"IOWA CITY, IOWA 52240 PHONE 337-9637 I thank you on behalf of the Chamber of Commerce for the efforts that have been made recently in the consideration of the redevelopment pro- posal by Old Capitol. There have been many obstacles which have been overcome and it appears that further perilous delays have been avoid- ed. Your continued positive action on this excellent proposal will be appreciated not only by those many citizens' who have worked so hard to improve our downtown, but also by fixture citizens who will benefit from your foresight. Be assured that the Chamber continues its vigorous support and endorse- ment of this vital project. Respectfully, 6&"3_� ByrR ss, President Chamber of Commerce BR/nd ACCREDITED CHAMBER OF COMMERCE ai •e( uM1�*f0 stalEs lllllw;�,�­­�,�,­wsj?�­��, -,-".,*. ...'.,.", . -, ,,� I . 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I- - - - I'll - - � � � � � � � � � � � � � � � � � � � � � � � � � � 0 � ,,,,-. _ : ..... . ..... - � , + � .i, f � , , I - 1, , ­,; . I '. - ,�. �.;� - �-,. "� . , , _ - - � - ,I � � z �- ,. , � � :,,, � I , , I ,,v ,4�', �4,t, ; - - . . I., -, ��, : , - " .,: ­. - -.� !�,t �, �:_,* , �.'" .- "'; -1, I I - � , , , __��,,�,:",��,,. I , �. - �, 1�� - ." � I 1. __l LN 0.0"r 0 IOWA STUDENT PUBLIC INTEREST RESEARCH GROUP January 17, 1974 Dear People: The Iowa Student Public Interest Research Group (ISPIRG) will again this legislative- session be maintaining a group of about fifty student lobbyists who will be spending some time each wee in Des Moines. One of the bills that ISPIRG will lobby for is Senate File 197/ House File 315, regulating the use of beverage containers. The bill, patterned after legislation enacted in Oregon in 1972, requires a 50 deposit on any disposable can or bottle used for beer or soda pop, and bans the sale of hand -opened beverage cans. In Oregon, the bill has virtually eliminated the use of non -returnable bottles and cans. This type of legislation is desirable for several reasons. Returnable bottles use only about 1/3 the amount of energy per gallon as throwaways, because the average returnable makes 15 trips before disposal or recycling. A single throwaway beverage can takes more energy to produce than the electricity consumed by an average Iowa household in one day. A switch to returnables would mean great savings in the use of both energy and natural resources. Passage of the bill would also reduce the amount of litter along highways,which is currently costing Iowans about 20-30¢ per container to clean up. A recent ISPIRG survey along a mile of high- way near Ames found an average of one container for every 10 feet of roadway after the road had been open only 62 months. Using returnable containers costs an estimated 20-30% less for consumers than using.throwaways, and Iowans could save $12.5 million per year on their beverage purchases if this bill passes. Economic impact studies in other states indicate that the mandatory deposit would result in a net increase in total employment. S.F.197/H.F.315 is now being considered by the Natural Resources Committeeof both the House and Senate of the Iowa. legislature. Powerful opposition to the bill is building, and support is needed immediately to get this bill out of committee and onto the floor for debate. . There are several things you as an organization and as indivi- duals can do to assure the passage of this bill. First, have your STATE ADMINISTRATIVE OFFICE .P.O. BOX 1059 DES MOINES, IOWA 50311 Hon. Senator George Milligan, Chairman Senate Committee on Natural Resources Hon. Dennis_ Freeman, Chairman House Committee on Natural Resources You might also send copies to the legislators from your district, and to the ISPIRG state office at Box 1059, D.M., 50311. ISPIRG is maintaining an office in the Iowa Citizen's Action Center, E.6th and Grand in Des Moines, to coordinate information and support for the returnable bottle bill. A second important action you can take right away is to come or send representatives to Des Moines to talk personally with legis- lators about your support for the bill. Stop at the Citizen Action Center (address above) for information on the current status of the bill and how you can be most effective. Ile have more information about this legislation and sample letters and resolutions at. ---our Iowa City office, Center East, corner of Clinton and Jefferson. We will contact you in the next few days to find out what you think and what you plan to do. Yours in the Public Interest, Sue Futrell Energy -Environment Taskforce ISPIRG attention O'fl,,,. 1974: I-li.r'yours'.- st a'a"-4er ? "A '7 Z t c 0 c attention O'fl,,,. I-li.r'yours'.- st a'a"-4er AV1TF • TUT.CZ T.FTmFR WAS ALSO SENT TO SENATORS HUGHES & CLARK V� D��/ • RAY B WELLS. CITY MANAGER January 231 1974 Representative Edward Mezvinsky 1404 Longworth House office Bldg. Washington, D. C. 20515. Dear Representative Mezvinsky: Both houses of Congress are presently in the process of "marking up" various forms of community development legislation. Both houses have received the Administration's "Better Communities Act" (HR 7277, S 1743). The .Senate version of this legislation is known as the ".Community .Development Assistance Act of 1973" (S 1744)and the House version is Chapter 1, Part A -- Community Development - of the "Housing and Urban Development Act of 1973" (HR 10036). The Admini- stration and/or the Office of Management and Budget has greatly curtailed,. through impoundment, -funds necessary to execute ongoing conventional urban renewal projects such as the one in which we are engaged in Iowa City. We were told by the Area Office of the Department of Housing and Urban Development in Omaha, in March of 1973, that any additional expenses incurred during the execution of City -University Project I, Iowa R-14, would have to be borne by the City. We have revised the financing plan for the. Project as well as changed some of the physical aspects of ,it so that we may see the Project to fruition with addi- tional local funds. One point, however, which is of great concern to us, is the amount of money .necessary for us to continue to pay relocation assistance. At the time the Project was approved, we received a relocation grant of $434,000.. Subsequent to that, Congress passed, and the President signed, the Uniform Relocation Act, also known as the "Muskie Bill," S-1. This act allows for the continuation of Rental Assistance MAYOR C 1 'I..- RRANOT COUNCILMEN RORERT CONNELL EDOAR CZARNECKI LOREN HICKERSON J PATRICK WHITE CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52210 318-351-1000 Payments for people displaced because of urban renewal activities for up to four years after displacement. Of course, this provision was not built into the original budget or financing plan for our project. Because we are now subject to the Uniform Relocation Act, it is quite obvious that we are going to need additional funds to be able to meet the requirements of the Act. Representative Mezvinsky .2 - Washington, D. C. January 23, 1974 Another provision of the Act states that the federal go arn- ment would no longer participate 100% in relocation grants, but that the local government would also have to pick up either a one-quarter or a one-third share of total relocation costs. However, a Solicitor General's opinion ruled that this part of the law did not apply to projects which went into execution prior to December 31, 1970, as we aid. Thus, it is our contention that the federal government is still responsible for 100% of relocation expenses. As usual, the HUD office in Omaha told us not to worry about the relocation grant until such time as we had expended most of the funds. This philosophy is what led us to a 50%-50% shared urban renewal project instead of the 75% federal - 25% local sharing formula for which the law provides and that this project was origin- ally based on. We are within $100,000 of exhausting the relocation grant at present. While we feel we can use this amount to make initial relocation payments, there will certainly not be sufficient funds to continue Rental Assistance Payments for the next four years. We urge you removing the lid now in execution possible towards legislation. We and are counting EC:alo • to support two courses of action. First, to support on impounded funds so that urban renewal projects may continue. Secondly, move as quickly as a resoluiton of responsible community development appreciate your efforts on our behalf in the past on your continued help in the future. Sincerely, Edgar Czarnecki Mayor Sarah r ox 432 Reno Street Iowa City, Io'r McTvers of ^it- Ccur_cil tc J3P_U3ry cJ$ 1.0 , ZI inr to -ou noncerninc he alt;'' melte-n-tiv&'O r.or "neiYi;bor;,o d" _ J i , - c r ,� 1� cls �_.�; _r_ i ,_I b.. i � '11 _ ai�-� cnt1�T �'uP l:O . aL rj'. min_'. I'`ve juFt unser=tc­-�, r'iCK ='t t: e eY.&^t ^1=n fOY' tt'_f ,;,rz '� e. . 0111- ' -, ie to ere ^ii'ic_l y ur e ti at F to =_x_':ine _he lr:-�l as,•F., it12n r the.gin TZ lir•/ _� 1 _ ��..� _ ... _. h_-17 e -.r. r -Tort eubn'i ttee i3O r,OanCii :n(i t!::._. !_=� _ { F3rks arc+ ..E re,--- ^.om '1=s ion ..e +r• t, T, i�,. prill G'v 1056 =r in the iC.3 t=;_'sF. PL•52N: t.":.:t thC_-.- -:1 Toc('if le C- in! po ai- _ o 1, i_ -nal uses ."(mac. n^ii`'. ion -unaertooh nE_ o= :,rk 1 na --IC uieiticn other_tr ii : e c: A-; e I �-a irect c. -petit dion %pith reF1-d,- -`.i--i v 1 C "cnj, ti L va ww1 r 1 .:i U C l' 41 e •'. i e ; r' . -1 •_ l.: r `._ f iF3"i:'le in Io':;:� �it. / :iecO'nec fr-ir'1V -:r':. i^'.1... the 7 —n—nission -:ss unable to nur-ue t Cuc tiOCi +...^� i'. re'Dr..me-n-f-;.tions For exJ""`;1e, ._..-'`cr'.. -en sr' -ice dedic-tion for ?evelo-P.ents :,bovE`.- Cert in _s _eic tried in some cities: �_rcund t,:e -our.try.- inal re—ort ) Jim Lindber;-'c rec o,pmenday t ion Of t:.= nc- - t ctrl to be ta:zen ',;as: "th?t t e ^itv Council mi<<ilt :;ell authori' e fairly de' :sled a :d cOT"h-reencive loch J J - avail :=1e , ith an eye to pc=sible alter "tion 2 - `_din n.ces ?`=d acquisition prone^urea s t1-ei ^e^i:l'.y to :^rr)- land."(r j) sure tt_at evc-ry roriceivable s�T-est O- ^edic-, tic•n or reservation be coverer' ir. one com-l<<F 'UU' oul^ lean that our Cor.mission and PlErmir: .nd c'r:ir_- rd IIe ^ounnil :ould finally brim7 this tc the mint c.` Thgt t�-e :IollVWco'a anor Subdivision situ tion points ur in,•; tttim.=ly" this matter is, seem.8 to ne to be _ —4 -fully ObViOuP. Paris Commission L.onald ;idsen Lick ,I,oll-nershaueer Gene Chubb Sincerely, Sarah 1'ox Chairman. PI,:rk= nrl -- _ titer ,:to.< the attent,io_n ✓ ','ij^ S i �tF.ktY y truly -yours, .€ } r s. Wells, t "$ 4 y Manager' ary 6, X1974 1•k `y1� TA 1 bL �Lwl_ 4 A. . '4 K Y 1 l 1i• :tom K' Y - y� f T <r , � f ��4{��K .:t t:yll;.��} Y.Y� T�•tp`G�-.Y'Jh`� -] 5 �t ` 5 `� )v '� r ii �»/.�Ti4'i � � .R�+� i r r r -. � f Ec.A`h�i. •t +� �r g _x`�i> � - J y i � Yom♦ S ,. : >fi;. � . � r - !. r. .-S 4: - �t l' ti 1974, ' the aced - a= dedication arks',sand ng Commission ori . • `i res w+' `.i`a S� r C.-,: r 4 s a _ titer ,:to.< the attent,io_n ✓ ','ij^ S i �tF.ktY y truly -yours, .€ } r s. Wells, 4 y Manager' 1•k `y1� `i res w+' `.i`a S� r C.-,: r 4 s a _ x„n•.a14 �tF.ktY S. "t TA 1 bL �Lwl_ 4 A. . '4 K Y 1 l 1i• :tom K' Y - ; <r , � f ��4{��K .:t t:yll;.��} Y.Y� T�•tp`G�-.Y'Jh`� -] 5 ` 5 `� )v '� r ii �»/.�Ti4'i � � .R�+� i r r r -. � f Ec.A`h�i. •t +� �r g _x`�i> � - J y i � Yom♦ *M1''a�,H�. ,� i�'ir� �•'�"'�'F' r.: .r'+><"'.'i`ifv _'.,.�}�'S.a.�rt..?i �x�"Ti. .:{ �J . i. -. , _. .. ,. : >fi;. � . 10 1 t Sewer P.rojecat.Delays By Kristine Petersen quarters of that amount and will gumption that congress will DES MOINES (UPI) — A top be able to complete its project. m a k e pvailable the follow s t a t e environmental official Under, the new system ad- rough funds for the project, today said Preaidentwhen in fact Nixon's mhdstered `by` the Environ- they may not." Impoundment of another $3 bil- Mental Protection Agency lion in sewage treatment funds -(EPA) all Projects win be No Effect in will delay more than 150 proj- funded In three phases, Obr ects in Iowa towns and slow said. Be said cities win' first Cedar Rapids cleanup of -the state's streams. be required to submit an engi- president Nixon's Impound - Joseph Obr said,. "I am not rlag report on their pros- ment of $3 billion authorized optimistic thatthe mid -1977 lems, needs and alternatives under the Omnibus Clean Water K that b; approved, they wW deadline requiting all cities to act of 1972 will have no effect on be granted funds ent to designa proposed new sewage treat - have .secondary sewage treat- a ment facilities which- would pro- sewage treatment program. ment plant in Cedar Rapids, duce largely pure discharges Obr said the federal monies Mayor Donald Canney said. will be met. The cutback also for actual construction would be The plant, to be located about means that a lot of the streams issued only after the complete six miles downstream from the that we are trying to clean up design, Including contract docu- present plant, is expected to will be delayed." ments, has been submitted and cost $28 million. Federal funds Nixon's cutback in allocations approved. authorized by the clean water for fiscal 1975 from $7 billion to The catch, he pointed out, is act are expected to pay 75 per - S4 billion was, the 'third im- that the first two phases would cent, or $21 million, of the cost. poundment Involving. funds in require. only 10 percent of the The bill was originally vetoed) the ambitious 1972 law designed told costs of the project while by the President, then passed to make the country's waters the finalphases, the actual con- over his veto. It called for $18 pure by.1985. Iowa will receive struction, would amount to mil- billion in expenditures spread; $39.3 million, which Obr said "is lions of dollars. over fiscal years 1973, 1974 and, less than what was authorized, "The actual constructioncon- 1975. Nixon has impounded $3 but about what -we expected." stitutes 90 percent of the cost of but each year. 150 Towns Hurt the Project, Obr said, "and If Cedar Rapids is now in the the money is not available when mond of three phases of the Obr, director of the water project, and has already re - the. cities get to that state, they quality management division of just won't be able to complete ceived an $557,320 grant for the state department of -environ- - engineering and design, wbich mental quality, said about 1.50 their sewage plants. is the second phase. smaller towns will be hurt the Construction Pik -up The city won't even be ready most.% "It's an intelligent, logical ap- to apply for the construction He said towns which haven't Proach, but I'm afraid it -will get grant -until fiscal year 1976. By been appropriated fail. funds for to the point where all the con- that time, Canney said, funds sewage; projects could be 'in structiori piles up and there should be, available -either be - serious trouble because the fed- won't be near enough money to cause Nixon will release some eral government has clamp4di fund the projects." of the $9 billion impounded from down on the administration of Obr said about 80 towns which the act, or because more fund- grants- sought funds for their sewage mInwaddition, thbe e mayor said, Previously, he said; -cities sub- Projects last year were turned the Cedar Rapids facility has mitted their cost estimate forl down and now the prospects are sewage treatment programs andidim for another 70 towns who top priority in Iowa among prof- _ were ''given federal- funds toIhave appealed for help wNh sets eligible for funding under - carry them out. For example, treatment facilities. P the ryct. he said, Sioux City submitted The weak Caney said the latest im- spot in the system, poundment was expected. requests for a $10 milli4p prof- he said, is that cities are being "It wasn't exactly earth-shak- ect and received abouf three asked to spend money on the as Ing news to us," he said. 0 There will be a joint meeting with the Iowa City School Board and the City Council on February 7, 1974 at 4:00 p.m. in the Conference Room of the Davis Building. The discussion will center around the downtown design. Dear Resident: Thank you for callinR this matter to our attention. Please call 354-1800 if you have any questions. We welcome your inquiries and are always at your service. ra Referred to Dispositie also serves Gilbert Street between Kirkwood 8 Highland•n A newt27" storm sewerihasLbeen e -1^ -- -- - - -- rnaram antf _L_..,A L Citizen Notification of Disposition: None [] DEPARTMENT HEAD I SERVICE REQUEST This Form ❑ Phone ❑ Letter [] Personal Visit ❑ CITY OF IOWA CITY IOWA CITY, IOWA Date Nov. 30, 1973 Time 10.00 How Received: Phone 91 Letter ❑ in Person ❑ Penn Da No.A 2054 Received by y vi d se n I Dear Resident: Thank you for call'm Name Ms Janet Shipton R this matter to our attention. Please call 354-1800 if you 8-6000 have any questions. We welcome your inquiries and are always at your service. Request Placement of a 219A on the Hi hwa 6 B -PHss with a deli nation I of direction to the Downtown Area. SS to Iowa City (After come to Ioga Ci t.yts DOWNTo'WN but do not know how to get there Referred to I0?'1 nigh:^fty CC) mrission - the Iowa State Highway Commission and they have indicated that tion sthey Uwi es _Tn- Citizen Notification Disposition: None ❑ Date DEPARTMENT HEAD This Form Phone ❑ Letter ❑ Personal Visit ❑ as been forwarded to erect these signs uear nesiaent: shank you for calling this matter to our attention. Please call 354-1800 if you have any questions. We welcome your inquiries Address_ 1 1 C9rn1 i nP Court Place I end are always at your service. Request Complaint involves our lack of removing snow on this street so that rental unitgarages can be used. Specifically a doctor living in one of the units has not been abiLe to use s car, so we-ji-Ooked at in TeRruary but did not follow up. With, your information I will forward a letter. Referred to PUBLIC WORKS DEQT. Disposition This complaint involves a short stub of street which the snow removal crews are now picking up when they plowCaroline Ct. . The sidewalk red 1jeeent—t-e—the.-s" +ova f he 'd w lk is the re onsibilit of the ro ert owner. nde Citizen Notification of Disposition: None ❑ Date DEPARTMENT HEAD This Form ,� Phone ❑ Letter SERVICE REQUEST CITY OF IOWA CITY IOWA CITY, IOWA DatTime 1Q a. m. AM PM Now Received: Phone �. Letter ❑ In Person ❑ Received by_ C1tV Manager/Cohneilluan 4lhite •. �Road. Personal Visit ❑ No.q 2011 Dear Resident: Thank you for calling this matter to our attention. Please call 354.1800 If you have any questions. We welcome your inquiries and are always at your service. Roque-r►itiZen quite_irrate andconcernedabout snowplows throwing snow onto the only sidewaik o a r�i -1- 5�-¢o io t As an Ongoipq problemi, wouldApparently and appreciate your ideas. concerning this. Snowplows throwing to the Department of Public Works. The far annw onto aid walk has been a runt,,, uin edge of the sidewalk varies from behzn�j about 41gtnon6lem Referred to Vublio Wor 711 VW ep . ow of the street thin Dispt6rl�r rnnnnt h_y=n1nvP`i to the because of a high bank which exists on the north and west sides other &ide of the street _ i a imi iliminated by insuring that sides are.11XA= placed be ween l to 4 feet from the eNotification property osition: None This Form❑Phoneis 0 Letter-[] .Personal Visit E] ze No. 4 Received by Y• Y t Deer Resldenh Thank you for calling this matter Name a " r . to our attention. Please all 354-1800 if you Phone have any questions. We welcome your inquiries Address and are always at your service. Request. oi� cam CL cse" t I �SC• _jj p m f Referr d ,to ` • l bri E 1-t parking a owe onof si es wh ch makes the street pextremely osition lhazardoussi after that the City Council -might want to consider a uniform policy on streets of ?cr ...:ardua—�rasr`s narrower . Date Citizen Notification of Disposition: None ❑ This Form .5Z Phone ❑ Letter ❑ DEPARTMENT HEAD Personal Visit ❑ SERVICE R�EOUEST CIN OF IOWA CITY Ae.r -5129/73 IOWA CITY, IOWA Data_May 2 197 Time 1(] a m AM PM How Received: Phone ❑ Letter ❑ In Person Received by C 7 Y pjgnac�� MaYpr $TdZidt Name ' ..Phone Address __�caa4- RequesL Mr. - c .gyp,• } t • n • .ut - we • . • • ru • - _ i• • -01 one of our engLngerls in - Referred to. . • 1 196 Dear Resident: Thank you for calling this matter to our attention. Please call 354.1800 if you have any questions. We welcome your inquiries and are always at your service. currently preparing a pro proposed.storm — Disposition_ a Engineer to hav m sewer asse sment district to solve by itreh 'the inl is directly in gnt of MrKreel's residence during a 5 year s excess of what the inlets -are cable of handling. Citizen Notification By of Disposition: None ❑ This Form ❑ Phone ❑ Letter ❑ Personal Visit ❑ Division is spro— b i ■ }c"-_•�_' �X'AWWMW_.,J tt__ If rib y.. t i _ t <. 1 Ems✓ >>`$ `_I OWAC I TY=C I'Tlft ,COUNCtI L y t YJJHN,SON}FCOUNT,Yr'BOARD`OF� SUPERVISORS -, �JANUARY2,23�1974 is- ` a4 `00 -PM, t >t Sr i aR �yP� e -Iowa; CstyCity� Council ,met- -in--'in ormal session on; the yr of January, 1974 at "4 00'P.M.' -in the ;-Board of Supervisors the Johnson Comity Courthouse uncilmembersspresent•`Czarnecki, Davidsen, and White. Absent..,' 3eProsse. Others presentee " Wells,i Klaus, ;Pugh, and Stolfus pervisors present: Bartel'; Burns and Cilek. Others present Rogers.t ty Manager`}Rays Wellsoutlined and explained the impact of the' enewalEpioposal�andrthe;negotiations between the Council.:and ea'oper`�F mance Director�Joe Pugh reported on the .financing ax pro�ect,Snotinq that itzrwouid be shared by. City and Federal Tiie;t City's costs,of =$10;600,000 would be` divided be t._ramp atMall;J,$5,000;000'amenties $2,600.,000; and hotel ramp; $3,000,000s ,He "noted; that the Council had decided Tax Allocation Method'of financing;.<and .would need.to sell .0 Off'; G:O;`°Bonds; and explained how, by using the base yri969; to ,figure thef'amount` of ;tax _that can be used by ,1980 . off;. GO: Bonds. rHe'answered,the;Supervisors and Auditor's ris andtexplainedkthe�referendum=on -the bonds - .for the project.:: � R 4 .. t S a k 4 N v r t � 1 s �T �V5 - y 47C �y,'f✓ L 4''� r� U < �xm3 January 17., 1974 - ...... ' . M=s. Frieda Hieronymus Old Capitol Business Center Company Route 4 Box 279 Iowa City, 'Iowa 52240 Dear Frieda; Regarding the city's request for an expression of re- scheduling, we propose the following. il) Concerning "Improvements": Parc---- e l No .T 64-1 65-2 65-4 81-3, 81-4 82-1 83-1, 84-1 93-1, 101-2, 1.01--1, 101-4, alley, CapiEol St. R.O.W. 102-1, 102-2 102-3, 102-4 103-3 216 East Onla:lo S1.•001, ,M i, dust'+to drec:;,p";cal ype O f. Imb ement A hotel/motel of no less than 150 units together with ancillary meeting rooms. Other appropriate commercial uses. Retail/Office Retail Retail/Office Retail/Office Two-story, enclosed weather - controlled commercial area with mall and an office tower of It•e Residential/Commercial Retail/Office Motel Retail/Office, Alternate type of improvement - residential G0�11, 7rlcphono 312-943.2660 SCijllgl�: y.UC1iOB:`. .. t ype O f. Imb ement A hotel/motel of no less than 150 units together with ancillary meeting rooms. Other appropriate commercial uses. Retail/Office Retail Retail/Office Retail/Office Two-story, enclosed weather - controlled commercial area with mall and an office tower of It•e Residential/Commercial Retail/Office Motel Retail/Office, Alternate type of improvement - residential G0�11, 7rlcphono 312-943.2660 SCijllgl�: y.UC1iOB:`. (2) Concerning "Take -Down Parcel No,. I Total Price Proposed Take -Down Date ,. 64_1 65-2 65-4 81-3 81-4 82-1 83-1. 84-1 y 93-1 101-1, alley 101-2 Capitol W. _ $158,19122 72,800 174,307 ' 105 000 ' 84, 375- 74, 800 412,720 563,200 ' 114, 000 101-41F 158 100 ' 171,000 R.O. 114,000 years after date of Agreement 2 -years 1 year " is 2 years If 11 2 y ear's it „ 2 years " l year If 1.year It ✓6 months " 2 years " of of „ ✓' 1 _year of i, ✓ 6months " 102-1 14,896 ' 2 years If of as If 102-2 15,075 2 years102-3 90,750 ✓ 1 year if 102-4 52, 500 ✓ 1 year " it it „ 103-3 121 500 ' 2 years it It Property will be delivered in the following stages Stage I: NO later than 6 months after date of Agreement Parcels 93-1Capitol St, R,0,w. (Burlington l -o Court) .Sta_gc,�; IQot later than l.year after date of Agreement Parcels 65-4, 83-1, 84-1, 101-2, 102-3, 102-4 Stade III:Not later than 2 years after date Of Agreement Parcels 64-1, 65-2, 81-3, 01-4, 8?_ -•1, 101-11 101-41 alley (adjacent), 102-1, 102-2, 103-3 i i j " • _ _, �., .�,.: r. _,r�anis I,Ncuipgfatedr (3) Concerning. "Commence & Complete" A(�,F;r t'F' o. aau�e�e• Parcel I_'o_, Commence Estimated Completion .64-1 2 years, 6 mos. 4 years, 6 mos. 65-2 5 years, 3 mos. 6 years, 3 mos., 65-4 1 year 2 years 81-3 4 years, 3 mos. 5 years, 3 mos. 81-4 4 years, 3 mos. 5 years, 3 mos. 82-1 3 years, 6 mos. 4 years, 6 mos. 83-1 1 year 2 years 84-1 1 year 2 years 93-1 6 mos. *5 years 101-1, 101-41 alley 2 years *5 years 101-2 1 year *5 years Capitol R.O.W.6 mos. *5 years 102-1 4 years, 3 mos. 5 years, 3 mos, 102-2 4 years, 3 mos. 5 years, 3 mos. 102-3 1 year 2 years 102-4 1 year 2 years 103-3 5 years, 3 mos. 6 years, 3 mos. *Completion refers to entire residential/commercial improvement. i i j (4) Concerning "Work By Others": 1974- 1. mstn-=.r, 1974 City to begin coordinated design engineering for parking facility in Blocks 83 and 84. During 1975 start construction on ramp on south 120' + blk. 83 and as column supports become available by developer, continue ramp -construction on air -rights of mall below. 2. P4afe4-9=, 1974 - City to commence coordinated design engineering for all utilities, mall service excess, streets, traffic signalization, malls, etc., in total and specifically as related to Parcels Nos. 65-4, 83-1, 84-1, 93-11 102-3, and 102-4. Engineering to be completed by Jan. 2, 1975. 3. ::ram -9, 1974 - City to commence arrangements for all necessary street closures, property -excl-hanges, sales and vacations. 4. Meech --9-0,1974 - City to make all necessary arrangements with all public and private utilities to insure performance on their part and coordination with the city's work requirements. 5. Sept. -1974 - City to have completed all required engineering and construction within the Capitol R.O.W. Burlington to Court except for required easement. 1975: City to complete construction of Capitol Street Mall, �Lv linton Street Mall,Iand Washington Street improvement. timet r t 23 F 974, 1976: City to complete construction of: 1. Colleq- Street Mall; 2. Engineer Burlington/Linn parking ramp N I 0 I 0 City to construct Dubuque Mall Note: Itis understood that the city will coordinate and complete all enginet:-ing and construction work so as to facilitate the development of the entire plan in accordance: with this proposal. It is anticipated that whenever possible, the city will contract the services of the development team and its members to design and engineer the -elements within this project which require maximum coordination developer w/city. In addition to the above information I have enclosed our leasing survey tabulation of potential Iowa City businesses, Yours --'very tr ly, Don Scatena Enc. i NS ONor ........... 7;:, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Glasgow v. City Oakwoods v. City Bjornsen v.' _City William White (11 cases, all appeals of award) Slezak v. City Plum Grove v. City Smith v. City City v. Westinghouse Stalkfleet v. City City v. Ryan, et. al. Oleson v. City Clay v. City Douglasv. City City v. Rock Island Giesey v. Board of Adjustment Simmons V. City Pryluck v. City Mutual Protective v. Hein, et. al. Penny Bryn v. City BUI V. City BUI v. City Amerex v. -City City v. Henry Black SUI v. Korshoi v.' City Lubin et. al. v. City - Assessment Appeal Assessment Appeal Contract Suit Sewer Assessment Assessment Appeal Zoning Suit Zoning Suit Human Relations Auto Accident P. D. Public Records Suit EEOC Complaint Assessment Suit Ramp Appeal Railroad Crossings Zoning (On Appeal) (Flooding Hawkeye Ins.) Zoning ( 215. 1) Insurance Paving Approval Cond. (Appeal) (and Ac q. ) Zoning (tried, no Dec. ) Zoning Watermain (Insurance) Construction damage Howard Carrol v. City H. R. Complaint Rabenold V. City EEOC & Fed. District Court City v. Hoffman (Insurance Co. - Auto) Woodburn V. City (65-13) Condemnation Appeal Steele v. City (65-13) Condemnation Appeal City V. O'Brien Condemnation Appeal d/b/a Vine Tavern (84-14) Condemnation Appeal Stasi, Inc. v. City (84-6) Condemnation Appeal City v. Henry's Leasing (84-2, 3) Condemnation Appeal Braverman v. City (84-1) (Aaron) Condemnation Appeal Braverman v. City (84-2) (Kent) Condemnation Appeal Dividend Bonded Gas v. City (83-10) Condemnation Appeal Little Caesar's Pizza Treat v. City Condemnation Appeal (84-13) 38. Jackson's v. City (84-7) 39. Hamburger, Inca v. City. (84-1,2) -(3 cases) 40. The Annex, Inc. _v. City (84-12) Condemnation Appeal Condemnation Appeal Condemnation Appeal PENDING CITY CASES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Glasgow v. City Oakwoods v. City Bjornsen v.' _City William White (11 cases, all appeals of award) Slezak v. City Plum Grove v. City Smith v. City City v. Westinghouse Stalkfleet v. City City v. Ryan, et. al. Oleson v. City Clay v. City Douglasv. City City v. Rock Island Giesey v. Board of Adjustment Simmons V. City Pryluck v. City Mutual Protective v. Hein, et. al. Penny Bryn v. City BUI V. City BUI v. City Amerex v. -City City v. Henry Black SUI v. Korshoi v.' City Lubin et. al. v. City - Assessment Appeal Assessment Appeal Contract Suit Sewer Assessment Assessment Appeal Zoning Suit Zoning Suit Human Relations Auto Accident P. D. Public Records Suit EEOC Complaint Assessment Suit Ramp Appeal Railroad Crossings Zoning (On Appeal) (Flooding Hawkeye Ins.) Zoning ( 215. 1) Insurance Paving Approval Cond. (Appeal) (and Ac q. ) Zoning (tried, no Dec. ) Zoning Watermain (Insurance) Construction damage Howard Carrol v. City H. R. Complaint Rabenold V. City EEOC & Fed. District Court City v. Hoffman (Insurance Co. - Auto) Woodburn V. City (65-13) Condemnation Appeal Steele v. City (65-13) Condemnation Appeal City V. O'Brien Condemnation Appeal d/b/a Vine Tavern (84-14) Condemnation Appeal Stasi, Inc. v. City (84-6) Condemnation Appeal City v. Henry's Leasing (84-2, 3) Condemnation Appeal Braverman v. City (84-1) (Aaron) Condemnation Appeal Braverman v. City (84-2) (Kent) Condemnation Appeal Dividend Bonded Gas v. City (83-10) Condemnation Appeal Little Caesar's Pizza Treat v. City Condemnation Appeal (84-13) 38. Jackson's v. City (84-7) 39. Hamburger, Inca v. City. (84-1,2) -(3 cases) 40. The Annex, Inc. _v. City (84-12) Condemnation Appeal Condemnation Appeal Condemnation Appeal Al u;,,.,o., „ r;+., iun-i 9N Condemnation Aeal pp Condemnation Appeal Condemnation Appeal Relocation Litigation - Federal Court I Approved------------- »__------_.»....»__.......___ A►. BILL FOR 1 An Act relating to public employment relations and providing 2 penalties for violations. - 8 Be IL Enacted by the General Aaembly of the State of Iowa: ::: 1. v _J Q. r. � �t Y i a. r� y_ a a - `J 1 r , 4 iV SF,CTION. _ PUBLIC POLICY. Tho general 2 assembly decinres that it is the public policy of the Slate 3 to promote harmonious and cooperative relationships between 4 government :md its emplovees by permittin+c pul,lic employees 5 to organize and bargain collectively and to protect the citi- G zens'of this state by assuring effective and orderly opera - 7 tions of government in providing for their health, safety, 8 and welfare. 9 Sec. 2. NEW SECTION. TITLE. This Act &hall be known 10 as the' "Public Employment Relations Act". 11 Sec. S. NEW SECTION. DEFINITION& When used in this 12 Act, unless the context otherwise requires: 13 1. "Public employer means the state of Iowa, its boards, 14 commissions, agencies, departments, and its political subdi- 15 visions including school districts and other special purpose 16 districts. 17 2. "Public employee" means any individual employed by 18 a public employer, except individuals exempted under the pro - 19 visions of section four(4)of this Act. 20 3. "Employee organization" means an organization of any 21 kind in which public employees participate and which exists 22 for the primary purpose of representing public employees in 2.3 -their employment relations. 24 4. 'Board means the public employment relations board 25 established under section five (5) of this Act. 26 5. "Strike" means a public employee's refusal, in con - 27 certed action with others, to report to duty, or his willful 28 absence from his position, or his stoppage of work, or his 29 abstinence in whole or in part from the full, faithful, and 30 proper performance of the duties of employment, for the pur- 31 pose of inducing, influencing, or coercing a change in the 32 conditions,compensation, rights, privileges, or obligations 33 of public employment. 34 G. "Confidential employee" means any public employee who 35 works in the personnel oMce of a public employer or who S. F. - 1 Section l NF _ iV SF,CTION. _ PUBLIC POLICY. Tho general 2 assembly decinres that it is the public policy of the Slate 3 to promote harmonious and cooperative relationships between 4 government :md its emplovees by permittin+c pul,lic employees 5 to organize and bargain collectively and to protect the citi- G zens'of this state by assuring effective and orderly opera - 7 tions of government in providing for their health, safety, 8 and welfare. 9 Sec. 2. NEW SECTION. TITLE. This Act &hall be known 10 as the' "Public Employment Relations Act". 11 Sec. S. NEW SECTION. DEFINITION& When used in this 12 Act, unless the context otherwise requires: 13 1. "Public employer means the state of Iowa, its boards, 14 commissions, agencies, departments, and its political subdi- 15 visions including school districts and other special purpose 16 districts. 17 2. "Public employee" means any individual employed by 18 a public employer, except individuals exempted under the pro - 19 visions of section four(4)of this Act. 20 3. "Employee organization" means an organization of any 21 kind in which public employees participate and which exists 22 for the primary purpose of representing public employees in 2.3 -their employment relations. 24 4. 'Board means the public employment relations board 25 established under section five (5) of this Act. 26 5. "Strike" means a public employee's refusal, in con - 27 certed action with others, to report to duty, or his willful 28 absence from his position, or his stoppage of work, or his 29 abstinence in whole or in part from the full, faithful, and 30 proper performance of the duties of employment, for the pur- 31 pose of inducing, influencing, or coercing a change in the 32 conditions,compensation, rights, privileges, or obligations 33 of public employment. 34 G. "Confidential employee" means any public employee who 35 works in the personnel oMce of a public employer or who i,. l 7 and the employee organization through interpretation, sugges- 8 tion, and advice. 9 8. "Arbitration" means the procedure whereby the parties 10 involved in an impasse submit their differences to a third 11 party for a final and binding decision or as provided in this 12 Act. 13 9. "Impasse" means the failure of a public employer and 14 the employee organization to reach agreement in the course 16 of negotiations. 16 See. 4. NEW SECTION. EXCLUSIONS. The following public 17 employees shall be excluded from the provisions of this Act: 18 1. 'Elected officials and persons appointed to fill vacan- 19 cies in elective offices, and members of any board or commis - 20 sion. 21 2. Representatives of a public employer, including the 22 administrative officer, director, or chief executive officer 23 of it public employer or major division thereof as well as 24 his deputy, first assistant, and any supervisory employees. 26 In defining supervisory employees, the board shall consider 26 the authority of an employee to perform, in the interest of 27 the public employer, such duties as to hire, transfer, suspend, 28 lay-off, recall, promote, discharge, assign, reward or disci - 29 pline other public employees, or the responsibility to direct 30 them, or to adjust their grievances, or effectively to recom- 81 mend such action, if in connection with the foregoing exercise 32 of such authority is not of a merely routine or clerical 33 nature, but requires the use of independent judgment. 84 B. Confidential employees. 36 4. Students working as part-time public employees less 4 6• Commissioned And enlisted personnel of the Iowa national ti guard. 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7. Judges of the supreme court associate jud es •district judges, district 8 ,and judicial magistrates, and the employees Of such judges and courts. 8• Peticnle and inmates em to an ployeJ, sentenced, or commi Y stato or local institution. tted 9. Persons employed by the Iowa stale department of justice. Justice. Assembly and the 10. The personal staff of the governor. Sec. 5. NEW SECTION. PUBLIC IrbiPLOi'iV[NNT I{I;LA- 1• There is ental>lished a board to be know as the TIONS employment relations board. public members a The board shall consist of three appointed by the governor, with Of the senate. No more than two approval of two members Political affiliation and no member shall engage in any political activity While holding office and the members shall devote fulltime to their duties.. 22 each member shall be a 23 except that of Ntrornted for a term of six years, the members flrst appointed, 011e member shall 24 be appointed for a term of two Years commencing July 1 1 25 and ending .Tune 30 373 197(1: one . member shall he appoi 26 a term of four Years commencin 27 30, 1977• a R .Tu1y 1, nted for nd ne member shall 1973 and ending June o 28 six years commencin be' appointed for a term of 29 ThS July 1, 1973 and endinr; June 30, 1979. The member first appointed for a term Of six years shall 30 serve as chairman and each of hiv successors shall also serve 31 as chairman. 32 2• Any the vacancy on the 33 �.commission which may occur when ,enerzl assernhiY is not in aession shall be filled by 34 appointment by 35 athe governor, which appointment shall expire t thr end of thirty days following the convening of the next r C) �J S. F. 631 .6 _ 1 tho ramie m:uiner as remilar appointments are made, and before 2 the end of 1;11,:11 session, and for the unexpired portion of 3 the ref;ular term. 4 3. The members of the board shall be selected on the basis 6 of their knowledge, ability and experience in the field of 6 labor-management relations. The chairman shall receive an 7 annual salary equal to that of a district court judge. The 8 remaining two members shall each receive an annual salary 9 equal to ninety percent of the salary received by the chair - 10 man. 11 4. The board may employ such persons as are necessary 12 for the performance of its functions. Personnel of the board 13 shall be employed pursuant to the provisions of chapter 14 nineteen A (19A) of the Code. 16 6. Members of the board and other employees of the board 16 shall be allowed their actual and necessary expenses incurred 17 in the performanceoftheir duties. All expenses and salaries 18 shall be paid from appropriations for such purposes and the 19 board shall be subject to the budget requirements of chapter 20 eight (8) of the Code. 21 Sec. 6. NEW SECTION. GENERAL POWERS AND DUTIES OF THE 22 BOARD. The board shall: 23 1. Administer the provisions of this Act. 24 2. Collect data. and conduct studies relating to wages, 26 hours, benefits and other terms and conditions of public 26 employment and make the same available to any interested per - 27 eon or organization. 28 3. Maintain, after consulting with employee organizations 29 and public employers, a list of qualified persons represents - 30 tive of the public to be available to serve as mediators 31 and arbitrators and establish their compensation rates. 32 4. Hold hearings and administer oaths, examine witnesses 33 and documents, take testimony and receive evidence, issue 34 subpoenas to compel. the attendance of witnesses and tho pro - 36 duction of records, and delegate such power to a member of C.P 11 employers shall have the right to: be 12 1. Direct the work of its public employees. 13 2. IIire, promote, demote, transfer, assign, and retain 12 public employees in positions within the public agency. 16 3. Suspend or discharge public employees for proper cause. 16 4. Maintain the efficiency of governmental operations. 17 6. Relieve public employees from duties because of lack 18 of work or for other legitimate reasons. 19 6. Take such extraordinary actions as may be necessary to carry out 20 mission -of the agenc — the r 21 I Sec. 8. NEW SECTION. PUBLIC EMPLOYER RIGHTS. Pub - 22 employees shall have the right to: lic 23 _ S. F. hsi 1 the board. or persons appointed or cml)lOyed by tho hoard, 26 including hcaring officer.; for the performance of its func- a tion:;. The hoard may petition the district court id. the sr;at 4 of government or of the county wherein hearing 28 any is held b to enforce a board order compelling the attendance of witnesses 6 and production of records. 7 5. Adopt rules and regulations in accordance with the 8 provisions of chapter seventeen A (17A) of the Code as it 33 fees or assessments or service fees of any type. 9 may deem necessary to carry out the purposes of this Act. 10 Sec. 7. NEW SECTION. PUBLIC EMPLOYER RIGHTS. Pub - 11 employers shall have the right to: be 12 1. Direct the work of its public employees. 13 2. IIire, promote, demote, transfer, assign, and retain 12 public employees in positions within the public agency. 16 3. Suspend or discharge public employees for proper cause. 16 4. Maintain the efficiency of governmental operations. 17 6. Relieve public employees from duties because of lack 18 of work or for other legitimate reasons. 19 6. Take such extraordinary actions as may be necessary to carry out 20 mission -of the agenc — the Y n emergencies. 21 I Sec. 8. NEW SECTION. PUBLIC EMPLOYER RIGHTS. Pub - 22 employees shall have the right to: lic 23 1. Organize, or form, join, or assist any employee organi- 24 nation. 26 2. Negotiate collectively through representatives of their 26 own choosing. 27 8. Engage .in other_ concerted activities for the purpose 28 of collective bargaining or other mutual aid or protection 29 insofar as any such activity is not prohibited by this Act 30 or any other law of the state. 31 4. Refuse to join or participate in the activities of 32 employee organizations, including the payment of any dues, 33 fees or assessments or service fees of any type. -. 34 t Sec. 9.NEW SECTION. SCOPE OF NEGOTIATIONS. The 85 public employer and the employee organization shall meet at reasonable 28 scope of negotiations as defined in section nine (9) of this 29 30 31 32 33 34 35 Act. 2. It shall be a prohibited practice for a public employer or his designated representative willfully to: a. Interfere, restrain, or coerce public employees in the exercise of right.�a granted by this Act. b. Dominate, interfere, or assist in the formation, existence, or administration of any employee organization. I r' 1 S. F. 631 _ 1 times, including meetings reasonably in advance of the public 2 employer's budget -making process, to negoliale in good faith 3 with respect to wages, hours, and other terms and conditions 4 of employment, including terms authorizing; dues checkoff for 6 members of the employee organization and grievances procedures 6 for resolving any questions arising under the agrecinent, which 7 shall be embodied in a written agreement and signed by the 8 parties. Such obligation to negotiate in good faith does 9 not compel either party to agree to a proposal or make a 10 concession. 11 Nothing in this section shall diminish the authority and 12 power of the merit employment department or any civil service 13 commission established by constitutional provision, statute, 14 charter or special act to recruit employees, prepare, conduct, 16 and grade examinations, rate candidates in order of their 16 relative scores for certification for appointment or promo - 17 tion or for other matters of classification, reclassification 18 or appeal rights in the classified service of the public 19 employer served. 20 The public employee retirement systems provided under chap - 21 tern ninety-seven A (97A), ninety-seven B (9713), four hun- 22 Bred ten (410), and four hundred eleven (411) of the Code 23 shall be excluded from the scope of negotiations. 24 Sec. 10. NEW SECTION. PROHIBITED PRACTICES. 26 1. It shall be a prohibited practice for any public 26 employer, public employee, or employee organization to will - 27 fully refuse to negotiate in good faith with respect to the 28 scope of negotiations as defined in section nine (9) of this 29 30 31 32 33 34 35 Act. 2. It shall be a prohibited practice for a public employer or his designated representative willfully to: a. Interfere, restrain, or coerce public employees in the exercise of right.�a granted by this Act. b. Dominate, interfere, or assist in the formation, existence, or administration of any employee organization. I r' 1 •Ai•. �8 � . � ,. ;. �.: S. r. 631 1 c. Encourage or discourage membership in any employeo 2 organization, committee, or association by discrimioation . I in hiring„ tenure, or other terms or condition:: or elrnpl„ylllent. 4 d. Discharge or IlNC17i11i11:1te aJ.*aiu:it a public, cniployco 6 because ho has filed an aQldnvil, petition, or compinint 6 or given any information or testimony under this Act, or 7 because he has formed, joined, or chosen to be ropresented 8 by any employee organization. 9 e. Refuse to negotiate collectively with representatives 10 of recognized employee organizations as required in this Act. 11 f. Deny the rights accompanying certification or exclusive 12 recoguitlon granted in this Act. 13 g. Refuse to participate in good faith in any agreed upon 14 impasse procedures or those act forth in this Act. 15 3. It shall be a prohibited practice for public employees 16 or employee organizations willfully to: 17 a. Interfere, restrain, or coerce public employees in 18 the exercise of rights granted by this Act. 19 b. Interfere, restrain, or coerce a public employer with 20 respect to rights granted in this Act or with respect to 21 selecting a representative for the purposes of negotiating 22 collectively on the adjustment of grievances. 23 c. Refuse to bargain collectively with a public employer 24 as required in this Act. 25 d. Refuse to participate in good faith in any agreed upon 26 impasse procedures or those set forth in this Act. 27 Sec. 11. NEW SECTION. PROIiIBITED PRACTICE VIOI A - TIONS. 28 1. Proceedings against a party alleging a violation of 29 section ten (10) of this Act, shall be commenced by filing 30 a complaint with the board within ninety days of tho alleged 31 violation causing a copy of the complaint to be served upon 32 the accused party in the manner of an original notice as 33 provided in this Act. The accused party shall have ten 34 days within which to file a written answer to the complaint. 36 The board shall promptly thereafter set a time and place for ■ S. F. 631 4A 1 hearing in Lite county where the uUeged violation occurred. u 2 The par(ic.i shall be Permit(ed to bo reprr w1ited by rounsel, :1 Nuinnu►n tvilncs"ev, and re111140.14 the hoard (1) auhpocna witncvics on 4 the requestor's behalf. Compliance with the technical rules 6 of pleading and evidence shall not be required, 6 2. The board may designate a hearing officer to conduct 7 the hearing. The hearing officer shall have such powers 8 as may be exercised by the board for conducting the hearing 9 and shall follow the procedures adopted by the board for con - 10 ducting the hearing. The decision of the hearing officer 11 may be appealed to the board and the board may hear the 12 case do novo or upon the record as submitted before the hearing 13 officer, utilizing procedures governing appeals to the district 14 court in this section so far as applicable. 15 3. The board shall appoint a certified shorthand reporter to report 16 the proceedings and the board shall fix the reasonable amount 17 of compensation for such service, which uniount shall be taxed 13 AS other costs. 19 4. The board shall file its findings of fact and conclu- tit 20 Bions of law. If the board finds that the party accused has 21 committed a prohibited practice, the board may, within thirty 22 days of its decision, enter into a consent order with the 23 party to discontinue the practice, or petition the district 24 court for injunctive relief pursuant to chapter six hundred 2.5 Sixty-four (664) of the Code. 26 5. Any party aggrieved by any decision or order of the 27 board may within ten days from the date such decision or 28 other is filed, appeal therefrom to the district court of 29 the county in which the hearing was held, by filing with the 30 board a written notice of appeal setting forth in general 31 terms the decision appealed from and the grounds of the appeal, 32 The board shall forthwith give notice to the other parties 33 in interest. 34 6. Within thirty days after a notice of appeal is filed 36 with the board, it shall make, certify, and file in the office r ' �, i S. F. 6311-.-- I evidence together with the notice of appeal. 2 7. Tho appeal shall be triable at any time after the 3 empiration of twenty days from the date of filing the trans - 4 _cript by the board and after twenty days notice in writing 5 by either party and the board upon the other. 6 8. The transcript as certified and filed by the board 7 shall be the record on which the appeal shall be heard, and 8 no additional evidence shall be heard. In the absence of 9 fraud, the findings of fact made by the board shall be 10 conclusive if supported by substantial evidence on the 11 record considered as a whole. 12 0. Any order or decision of the board may bo modified, 13 reversed, or set aside on one or more of the following grounds 14 and on no other: 15 a. If the board acts without or in excess of its powers. 16 b. If the order was procured by fraud. 17 c. If the facts found by the board do not support the 18 order. 19 d. If there In not sufficient competent evidence in the 20 record to warrant the tanking of the order or decision. 21 10. When the district court, on appeal, reverses or sets 22 aside an order or decision of the board, it may remand the 23 case to the board for further proceedings in harmony with 24 the holdings of the court, as it may enter the proper judgment, 25 as the case maybe. Such judgment or decree shall have the 26 same force and effect as if action had been originally brought 27 and tried in said court. The assessment of costs in such 28 appeals shall be in the discretion of the court. 29 11. An appeal may be taken to the supreme court from any 30 final order, judgment, or decree of the district court. 31 Sec. 12. NEW SECTION. STRIKES PROIiIBITED. 32 1. It shall be unlawful for any public employee or any 33 employee organization representing public employees to induce, 34 instigate, ratify, or participate in a strike against a public 35 employer. S. F. 631 G organization pursuant to chapter six hundred sixty-four (664) 7 of the Code. Failure to comply with a court order enjoining 8 a strike shall constitute a contempt punishable pursuant to 9 chapter six hundred sixty-five (666) of the Code and in 10 addition the court may, upon a finding that the employee 11 organization has violated subsection one (1) of this section, 12 suspend and enjoin the certification of the employee organiza- 13 tion as the exclusive representative of the bargaining unit 14 involved for a period not to exceed twelve months. During 16 the period of decertification, a public employer may 1G discontinue dues checkoff for the employee organization. 17 The remedies provided in this section shall be in addition 18 to any other legal or equitable remedy. 19 S. A public employer may suspend, discharge, or subject 20 to other disciplinary action applicable to misconduct in 21 employment, any public employee who participates in a strike, 22 provided the public employer first notifies the public employee 23 of the alleged violation, the date of the violation, and the 24 action being considered. Such action shall be stayed for 25 ten days from such notice within which time the public employee 2G may file with the board a request for a hearing. Upon receipt 27 of the request for a hearing, the board shall notify the 28 public employer, which notification shall further stay the 29 contemplated public employer action and appoint an impartial 30 hearing officer to determine if a violation of subsection 31 one (1) of this section did occur. The hearing and appeal 32 procedure shall be the same as provided in section eleven 33 (11) of this Act. 0 41 2. Within thirty days of receipt of a petition or notice 6 to all interesLed parties if on its own initiative, the board 6 shall conduct a public hearing, receive written or oral tvAi 7 mony, and promptly thereafter file an order defining the 8 appropriate bargaining unit. In defining the unit, the board 9 shall take into consideration, along with other relevant 10 factors, the principlesof efficient administration of 11 government, the existence of a community of interest among 12 public employees, the history and extent of public employee 13 organization, geographical location, and the recommendaLions 14 of the parties involved. 16 3. Appeals from such order shall be governed by appeal 16 provisions provided in section eleven (11) of this Act. 17 Sec. 14. NEW SECTION. BARGAINING REPRESENTATIVE DETER- 18 MINATION. 19 1. Board certification of an employee organization as 20 the exclusive bargaining representative of a bargaining unit 21 shall be upon a petition filed with the board by a public 22 employer, public employee, or an employee organization and 23 an,election conducted pursuant to section fifteen (16) of 24 this Act. 26 2. The petition of an employee organization shall allege 26 that: 27 a. The employee organization has submitted it request 28 to a public employer to bargain collectively with a designated 29 group of public employees. 30 b. The petition is accompanied by written evidence that 31 thirty percent of such public employees are members of the 32 employee organization or have authorized it to represent them 33 for the purposes of collective bargaining. 84 a. The petition of a public employee shall allege that 86 an employee organization which has been certified as the ti r > l _ -13= S. F. 531 1 bargaining representative does not represent a majority of 2 such public employces anti Lhnt the petitioners Flo not want 3 to be representee] by an employee organization or seek certifl- 4 cation of an employee organization. 5 4. The petition of a public employer shall allege that 6 it has received a request to bargain from an employee 7 organization which has not been certified as the bargaining 8 representative of the public employees in an appropriate bar- 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 82 33 34 (, � 86 gaining unit. G. The board shall investigate the allegations of any petition and shall give reasonable notice of the receipt of such a petition to all public employees, employee organizntions and public employers named or described in such Petitions or interested in the representation questioned. The board shall thereafter call an election under section fifteen (15) of this Act, unless: a. It finds that less than thirty percent of the public employees in the unit _appropriate for collective bargaining support the petition" for; decertification or for certification. b. The appropriate bargaining unit has not been determined pursuant to section thirteen (13) of this Act. 6. The hearing and appeal procedures shall be the same as provided in section eleven (11) of this Act. Sec. -15. NEW SECTION. _ ELECTIONS. 1. In an election conducted under this Act, all public employees in the appropriate bargaining unit shall be given the right to vote by secret ballot under such terms and conditions as the board may prescribe by rule. The ballot shall list any employee organization which has petitioned for certification or which has presented proof satisfactory to the board of support of ten percent or more of the public employees in the appropriate unit and also listing no exclusive representative as one of the choices. 2. If none of the choices on the ballot receive a majority of the votes cast, the board shall conduct a run-off election i . i 1 > l _ -13= S. F. 531 1 bargaining representative does not represent a majority of 2 such public employces anti Lhnt the petitioners Flo not want 3 to be representee] by an employee organization or seek certifl- 4 cation of an employee organization. 5 4. The petition of a public employer shall allege that 6 it has received a request to bargain from an employee 7 organization which has not been certified as the bargaining 8 representative of the public employees in an appropriate bar- 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 82 33 34 (, � 86 gaining unit. G. The board shall investigate the allegations of any petition and shall give reasonable notice of the receipt of such a petition to all public employees, employee organizntions and public employers named or described in such Petitions or interested in the representation questioned. The board shall thereafter call an election under section fifteen (15) of this Act, unless: a. It finds that less than thirty percent of the public employees in the unit _appropriate for collective bargaining support the petition" for; decertification or for certification. b. The appropriate bargaining unit has not been determined pursuant to section thirteen (13) of this Act. 6. The hearing and appeal procedures shall be the same as provided in section eleven (11) of this Act. Sec. -15. NEW SECTION. _ ELECTIONS. 1. In an election conducted under this Act, all public employees in the appropriate bargaining unit shall be given the right to vote by secret ballot under such terms and conditions as the board may prescribe by rule. The ballot shall list any employee organization which has petitioned for certification or which has presented proof satisfactory to the board of support of ten percent or more of the public employees in the appropriate unit and also listing no exclusive representative as one of the choices. 2. If none of the choices on the ballot receive a majority of the votes cast, the board shall conduct a run-off election S. F. 631 14 1 among the two choices receiving the {greatest number of votes. 2 3. if the board finds that misconduct or olhvr eireum- ;i stnnees prevented the public employet-H clis;ible to vute from 4 freely expressing their preferences, the board may invalidate 6 the election and hold a second election for the public employ - 6 ees. 7 4. Upon completion of a valid election in which the major - 8 ity choice of those voting is determined, the board shall 9 certify the results of the election and shall give reasonable 10 notice of the order to all employee organizations listed on 11 the ballot, the public employers, and the public employees 12 in the appropriate bargaining unit. 13 6. A petition for certification as an exclusive bargaining 14 representative shall not be considered by the board for a 16 period of one year from the date of the certification or 16 noncertification of an exclusive bargaining representative 17 or during the duration of a collective bargaining agreement 13 which shall not exceed two years. However, if a petition 19 for decertification is filed during the duration of a 20 collective bargaining agreement, the board shall award an 21 election under this section not more than one hundred eighty 22 days nor less than one hundred fifty days prior to the 23 expiration of the collective bargaining agreement. If an 24 employee organization is decertified, the board may receive 26 petitions ander section fourteen (14) of this Act. 26 Sec. 14. NEW SECTION. DUTY TO BARGAIN. Upon the receipt 27 by a public employer of a request from an employee organization 28 to bargain on belialf of public employees, the duty to engage 29 in collective bargaining shall arise if the employee 30 organization has been certified by the board as the exclusive 81 bargaining representative for the public employees in that 82 bargaining unit. 33 Sec. 17. NEW SECTION. PROCEDURES. 34 1. The employee organization certified as the bargaining 85 representative shall be the exclusive representative of all r T 1 2 4 5 G 7 8 10 11 12 13 public employees. in the haayaaining unit and shall represent all public employees fairly. Any public employee may meet and adjust individual complaints with a public employer so long as any such adjustment is consistent with the terms of the collective bargaining ;agreement then in force and so long as the bargaining representative is given notice. 2. The employee organization and the public employer may designate any individual as its representative to engage in collective bargaining negotiations. 3. Negotiating sessions, mediation and the deliberative process of arbitrators shall be exempt from the provisions of chapter twenty-eight A (28A) of the Code. Hearings con- ducted by arbitrators shall be open to the public- agreement 4. The terms of a proposed collective bargaining g shall be made public prior to a ratification election. Public employees shall vote by secret ballot in elections to ratify a proposed collective bargaining agreement. 6. Terms of any collective bargaining agreement may be enforced by a civil action in the district court of the county in which the agreement was made upon the initiative of either 14 16 1G 17 18 19 20 21 party t for 22 23 24 26 26 27 28 29 30 31 32 83 34 6. The terms of a collective bargaining agreemen which the public employer does not have authority to appro- priate funds shall be construed as a joint recommendation requiring the public employer to make a good faith effort to obtain the funds. Failure to obtain the necessary -funds adjusted to implement the provisions of the agreement shall be through further collective bargaining. 7. If agreed to by the parties nothing in this Act shall be construed to prohibit supplementary bargaining on behalf of public employees in a part of the bargaining unit concern- ing matters uniquely affecting those public employees or cooperation and ¢oodination of bargaining between two or more bargaining units, subject to the approval of the board. S. The salaries of ali . Public employees of • the state under 86 Aim S. F. 531 1 n meritsystem. andal I other fringe bel wrats which are granted 2 to nll public employees of the state shnil be negotiated with a the governor or his designee on a statewide bnsis, except •1 those benefits which are not subject to negotiations pursuant 5 to the provisions of section nine (9)of this Act. 6 Sec. 18. NEW SECTION. GRIEVANCE PROCEDURES. An agree - 7 •ment with an employee organization which is the exclusive 8 representative of public employees in an appropriate unit 9 may provide procedures. for the consideration of public employee 10 grievances and of disputes over the interpretation and appli- 11 cation of agreements.Negotiated procedures may provide for 12 binding arbitration of public employee grievances and of dis- 13 putes over the interpretation and application of existing 14 agreements. An arbitrator's decision on a grievance may not extend arbitration 16 to changes or proposed changes in agreements or public employer 16 policy. Such procedures shall provide for the invoking of 17 arbitration only with the approval of the employee organiza- 18 tion, and in the case of an employee grievance, only with 19 the approval of the public employee. The costs of arbitration 20 shall be shared equally by the parties. 21 Public employees of the state shall follow either the 22 grievance procedures provided in a collective bargaining 28 agreement or a grievance procedure established pursuant to 24 chapter nineteen A- (19A) of the Code. 25 Sec., 19. NEW SECTION. `IMPASSE PROCEDURES—AGREE- MENT OF 26 PARTIES. As the first step in the performance of their duty 27 to bargain, the public employer and the employee organization 28 shall endeavor to agree upon impasse procedures. Such agree - 29 ment shall provide for implementation of these impasse pro - 30 cedures not later than one hundred twenty days prior to the 31 certified budget submission date of the public employer. 32 The cost of all impasse procedures shall be shared equally 33 by the public employer and the employee organization. If 34 tt the parties fail to agree upon impasse procedures under the k•� 35 provisions of this section, the impasse procedures provided 1 1 in sections twenty (20) and twenty-one (21) of this Act shall 2 apply, 8 Sec 20 NL' W SECTION. MEDIATION. In tlic absenco of an 4 impasse agreement between the parties or the failure of either 5 party to utilize its procedures, one hundred twenty days prior 6 to the certified budget submission date, the board shall, 7 upon the request of either party, appoint an impartial and 8 disinterested person to act as mediator. It shall be the 9 function of the mediator to bring the parties together to 10 effectuate a settlement of the dispute, but the mediator may 11 not compel the parties to agree. 12 Sec. 21. NEW SECTION. FINAL OFFER ARBITRATION. 13 1. If the impasse is not resolved through mediation ninety - 14 five days prior to the certified budget submission date, the 16 parties shall notify the board and the parties shall sub - 1G mit the dispute to final -offer arbitration. 17 2. Each party shall submit to the board within four days 18 of notification a final offer on specific impasse items with 19 proof of service of a copy upon the other party. Each party 20 shall also submit a copy of a draft of the proposed collective 21 bargaining agreement to the extent to which agreement has 22 been reached and the name of its selected arbitrator. The 23 parties may continue to negotiate all offers until an agreement 24 is reached or a decision rendered by panel -of arbitrators. 25 3. The panel of arbitrators shall consist of three members 26 appointed in the following,manner: 27 a. One member shall be appointed by the public employer. 28 b. One member shall be appointed by the employee organiza- 29 tion. 80 c. One member shall be appointed mutually by the members 81 appointed by the public employer and the employee organize. 32 tion. The last member appointed shall be the chairman of 83 the panel of arbitrators. No member appointed shall be an 34 employee of the parties. 35 4. If the third member has not been selected within four 4 the public employer and the employee organization shall deter - 5 mine by lot which arbitrator shall remove the first name from 6 the list submitted by the board. The arbitrator having the 7 right to remove the first name shall do so within two clays 8 and the second arbitrator shall have one additional day to 9 remove one of the two remaining names. The person whose name 10 remains shall become the chairman of the panel of arbitrators 11 and shall call a meeting within ten days at w location 12 designated.by him-. 13 6. If -a vacancy should occur on the panel of arbitrators, 14 the selection for replacement of such member shall be in the 15 same manner and within the same time limits as the original 16 member was chosen. No final selection under subsection eight 17 (8) of this section shall be made by the board until the 18 vacancy has been filled. 19 6. The panel of arbitrators shall at no time engage in 20 an effort to mediato or otherwise settle the dispute in any 21 manner other than that prescribed in this section. 22 7. From the time of appointment until such time as the 23 panel of arbitrators makes its final determination, there 24 shall be no disdussion concerning recommendations for 26 settlement of the dispute by the members of the panel of 26 arbitrators with parties other than those who are direct 27 parties to the disputa The panel of arbritrators 28 may conduct formal or informal hearings to discuss 29 offers submitted by both parties. 30 S. The panel of arbitrators may consider, in addition 31 to any other relevant factors, the following factors: 32 a. Past collective bargaining contracts between the par - 88 ties Including the bargaining that led up to such contracts. 34 b. Comparison of wages, hours and conditions of employ - b I 2 public employees doing comparable work, giving consideration a to factors 'iwculia►r to the area and the clna�ifieaf ions S m�.�l�•c.9 C. Tha iutareats and %veliare of the hubli.:, kt,.; nt,ituy 0 of the public employer to finance economic adjustments and 7 the effect of such adjustments on the normal standard of 8 services. 9 9. The chairman of the panel of arbitrators may hold hear - 10 Ings and administer oaths, examine witnesses and documents, 11 take testimony and receive evidence, issue subpoenas to compel 12 the attendance of witnesses and the production of records, 13 and to delegate such powers to other members of the panel 14 of arbitrators. The chairman of the panel of arbitrators 16 may petition the district court at the seat of government 16 or of the county in which any hearing is held to enforce the 17 order of the chairman compelling the attendance of witnesses 18 and the production of records. 19 10. A majority of the panel of arbitrators shall select 20 within fifteen days after its first meeting the moat reason - 21 able offer, in its judgment, of the final offers on each 22 impasse item submitted. by the parties, unless a majority of 23 the panel of arbitrators finds both positions to be 24 unreasonable, then it shall reject the offers of the parties 26 on those items only. The panel of arbitrators shall make 26 public the rejected items and the final offers of both parties 27 and the reasons for rejection. The parties shall then have 28 four days to submit a second offer on the unresolved items 29 to the panel of arbitrators. The panel of arbitrators shall 30 select, within ten days the most reasonable of the second 31 final offers submitted by the parties. 32 11. The panel of arbitrators shall not compromise or alter 33 any of ,the items in any final offer submitted as provided 34 in subsection two (2) of this section. 36 12. The offer selected by the panel of arbitrators and 531 I items agreed upon by the Public employer and the employee 2 orgr.11liz.11jon, shall be deemed to represent the Contract between 3 the parties. 4 13. The determination of the panel of arbitrators shall 5 be by majority vote and shall be final and binding subject 6 to the provisions Of section seventeen (17), subsection six 7 (6), of this Act. The Panel of arbitrators shall give written 8 explanation for its selection and inform the Parties of its 9 decision. 10 'Sec. 22. NEW SECTION. LEGAL ACTIONS. . Any employee 11 orgnnization and Public employer may sue or be sued as an 12 entity under the Provisions Of this Act. Service upon the 13 Public employer shall be in accordance with law or the rules 14 1 of civil Procedure. Individual assets of any public officials 16 and an employee of an employee organization shall be exempt 16 from judgment. 17 See. 23. NEIV SECTION. NOTICE AND SERVICE Any IS required under tile provisions of this Act shall bo in writing, notice 19 but service thereof shall be suiricient if mailed by restricted 20 certified mail, return receipt requested addressed to the 21 last known address Of the parties, unless otherwise provided 22 in this Act. Refusal Of restricted certified mail by any 23 party shall be considered service. Prescribed tinic periods 24 shall commence . fro mthe date of the receipt of the notice. 25 Any party may at any time execute and deliver an acceptance 26 of service in lieuof mailed notice. 27 See. 24. NEW SECTION. INTERNAL CONDUCT OF 1,:M- 28 ORGANIZATIONS. PLOYEE 29 1. Every employee organization which is certified as a 30 representative Of Public employees under tho provisions of 81 this Act, shall file With the board a registration report, 32 signed by its president or other appropriate officer. The 83 report shall be In a fo rM Prescribed by the board and shall 84 be accompanied I by two 'Copies Of the employee orgunizations 36 constitution and NOW& A Ming by a national or inter- 1 nation:1.l employee ora aniz ition of ils constitutiO i :incl bylaws 'L shall be accepted in lieu of a filing; of such docuulents by 3 each subordinate w•ganization. All changes or amendments 4 to Such constitutions and bylaws shall be promptly reported G to the board. G 2. Every employee organization shall file with the board 7 all annual report and an amended report whenever changes are 8 made. The reports shall be in a form prescribed by the board, 9 and shall provide tho following information: 10 a. The names and addresses of the organization, any parent 11 organization or organizations with which It is affiliated, 12 the principal officers, and all representatives. 13 b. The name.and address of its local agent for service 14 of process. 15 c. A general description of the public employees the 16' organization represents or seeks to represent. 17 d. The amounts of the initiation fee and monthly dues 18 members must pay. 19 20 21 22 23 24 26 26 27 28 29 30 31 e. A pledge, in a form prescribed by the board, that tho organization will conform to the laws of the state and that it will accept members without regard to age, race, sex, religion, or national origin. f. A financial report and audit. $. The constitution or bylaws of every employee organiza- tion shall provide that: a. Accurate accounts of all income and expenses shall be kept, and annual financial report and audit shall be prepared, such accounts shall be open for inspection by any member of the organization, and loans to officers and agents arms and conditions available to all shall be made only os members. 32 33 34 35 b. Business or financial interests of its officers and agents, their spouses, minor children, parents, or otherwise, that con with the fiduciary obligation of such persons to the organization shall be prohibited. Y +7p S. F. 631 —22— I -c. Every official or employee of an employee organization , 2 .who handles funds or other property of the organization, or 3 trust in which in organization is interested, or it subsidiary 4 organization, shall bt> bonded. The amount, scope, and form 5 of the bond shall be determined by the board. 6 4. The governing rules of every employee organization 7 shall provide for periodic. elections by secret ballot subject 8 to recognized safeguards concerning the equal right of all 9 members to nominate, seek office, and vote in such elections, 10 the right of individual members to participate in the affairs 11 of the organization, and fair and equitable procedures in 12 disciplinary actions. 13 5. The board shall prescribe rules and regulations neces- 14 sary to govern the establishment and reporting of trusteeships 15 over employee organizations. Establishment of such trustee - 16 ships shall be permit ted only if the constitution or bylaws 17 of the organization set forth reasonable procedures. 18 G. An employee organization that has not registered or 19 filed an annual report,. or that has failed to comply with 20 other provisions of this Act, shall not be cei-Lified. 21 Certified employee organizations failing to comply with this 22 Act may have such rortification revoked by the board. 23 Prohibitions shall be enforced by injunction upon the petition 24 of the board to the district court of the county in ,%,hich 25 tha violation occurs. Complaints of violation of this section 26 shall be filed with the board. 27 Sec. 25. NEW SECTION. EMPLOYh:E ORGANIZATIONS— POLITI.CAL 28 CONTRIBUTIONS. An employee organization shall not make any 29 direct or indirect contribution out of the funds of the 30 employee organization to any political party or 31 organization or in support of any political candidate for 32 public office. 33 Any emy'(,,)yee organization which violates the provisions > 34 of this section or fails to file any required report or 35 afi'idavit or files a false report or affidavit shall, upon r23- _ . S. F. 631 1 conviction, be Itubiect.to a fine of not mora. than two thousand 2 dollars. 8 Any person who willfully violates this section, or who 4 makes a false statement knowing it to be false, or who 6 knowingly fails to disclose a material fact shall, upon G conviction, be subject to a fine of not more than one thousand 7 dollars or imprisoned for not more than thirty days or shall 8 be subject to both such fine and imprisonment. Each individual 9 required to sign affidavits or reports under this section 10 shall be.personally responsible for filing such report or 11 affidavit and for any statement contained therein he knows 12 to be false. 13 Nothing in this section shall be construed to prohibit 14 voluntary contributions by individuals to political parties 16 or candidates. 16 Sec. 26. Chapter nineteen A (19A), Code 1973, is amended 17 by adding the following -now section: 18 NEW SECTION. A pay plan established pursuant to this Act 19 shall be altered to the extent necessary and possible in order 20 to reflect an agreement resulting from collective bargaining 21 pursuant to the public employment negotiations Act. 22 Sec. 27. This Act shall become effective on July 1, 1973, 23 but the provisions of this Act relative to the duty to bargain 24 shall not become effective until July 1, 1974. 26 EXPLANATION 26 This bill permits collective bargaining in public 27 employment. 28 The bill gives public employees the right to form and join 29 organizations and to negotiate with public employers. Public 30 employees also have the right to refrain from negotiating 31 or joining an o=rganization. 32 The bill establishes.an agency to assist the parties in 33 determining appropriate bargaining units and conducting repre- 34 sentation elections. The agency will also serve as an infor- 86 oration and data center for the public employees and public __ ___ —_—_ ........... ...v Ji..a e,CA 4V 11 Wo - 2 pute by providing lists of persons qualified to net All medi- 3 ators and arbitrators. 4 The bill provides for voluntary and mandatory imp;isye pro - 6 cedures. As the initial step in bargaining between the par - 6 ties, the bill directs that the parties negotiate impasse 7 procedures to resolve their disputes. The mandatory impasse 8 procedures provided in the bill become effective only upon 9 the failure to reach an impasse agreement. 10 The bill also prohibits strikes by public employees. 0 I a� Amend Senate File 531, as amended, passed, and re- printed by.tha Senate, page 2, by striking 4rom lines 30 through 33 the words ", for the purpose of inducin influencing, or coercing a change in the conditions, compensation, rights, privileges, -or obligations of public employment" and inserting in lieu thereof the words "or other concerted interruption of operations by public employees". -WELDEN of Hardin- -ANDERSON of Ringgold - L ' _ 3EK/dg J M W Amend Senate File 531, as, amended, passed, and re- printed by the Senate, as follows:. Page 39 by inserting after line 15 the follow- ing ne subsections: 10. to ervisory employee" means any emplwith Y the authority o perform, in the inte est of the publi employer, such du es as to hire, transfer, suspend, lay-off, recall, pro te, d•s charge, assign, reward or discipline other pub c employees, or the responsi- bility to direct the , or adjust -their grievances, or effectivel o recommend su action, if in connec- tion with the foregoing exercise o such authority is not a merely routineorclerical n re, but re- ires the ,use of independent judgment. 11. "Professional employee" means any employee engaged in work which is ao predominately intellectual .and varied in char- acter as opposed to routine mental, manual, mechanical or physical work; b. involving the consistent exercise of discretion and judgment in its performance; C, of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; d. requiring knowledge of'an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruc- tion and study in ari institution of higher learning or a hospital, as distinguished from a general academi education or. from an apprenticeship or from training in the performance of routine menta -1, manual, or physical processes.. M "Professional employee" also includes any employee who has completed the courses of specialized intellect ual instruction and study and any employee who is .registered as a qualified professional by a board of registration under the laws of the State of.Lowa.•__.._.. 3. Page 12, by inserting after line 16 the follow- ing new subsection: 4. Professional and nonprofessional employees shall not be included in the same bargaining unit unless a majority of both agree. _BRANSTAD of Winnebago M 0 Amend Senate File 531, as amended, passed, and re- printed by the Senate, as follows: ' I. Page 3, by inserting after line 15 the follow- ' -Ing new subsection: 10. "Professional employee" means any employee..._ .. engaged in work predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical'; or physical work; involving the consistent exercise of discretion and judgment in its performance of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring knowledge of an.advanced type in a field of science or learing" customarily. acquired by a prolonged course of special- ized intellectual instruction and study in an institu- tion of higher learning or a hospital, as distin- guished from a'general'academic education or from an apprenticeship or from training in the performanee__o.f_.. routine mental., manuali• or physical processes. "Pro- fessional employee" also includes a person who has completed courses of specialized intellectual instruc- tion and study and is performing related work under th supervision of a professional person to qualify him- self to become a profeesional.employee. A teacher shall be der"ed to be a professional employee, and no teacher shall be. included in a bargaining unit with noncertificated employees. —.2. Page 3, lines 25 through 27, by striking the words. "In defining supervisory employees, the ,board shall consider the authority of the employee to per- form, in the interest of the public employer, such I duties as" and inserting in lieu thereof the words "supervisory employee means any person having authorit I in the interest.of the public employer". 3. Page 3, line 33, by inserting after the period 'the words"All school superintendents, assistant superintendents, principals, assistant principals and department heads shall be deemed to be supervisory employees." 4. Page 7, line 10, by inserting after the period the words "A public employer in public education shall have no obligation to negotiate on its school's cur= riculum, class size, supplemental duties of public employees, or educational policies." ANDERSON of Ringgold _2' DEK/dg U Amend Senate File 5319 as amended, passeds and re- printed by the Senates page 3, lines 25 and 26, by striking the words "In defining supervisory employees I.the board shall consider the authority of an employee and inserting in lieu thereof the words "Supervisory employees are those employees having the authority". �i ---------------- WELDER of Hardin BEK/dg I i 9 Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 5, by striking from lines 6 through 10 the words "The chairman shall receive an annual salary equal to that of a district court judge. The remaining two members shall each receive an annual salary equal to ninety percent of� the salary received by the chairman." and inserting'in lieu thereof the words "Each member of the board shall receive a salary as fixed by the general assembly." ANDERSON of Ringgold Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 5, by adding after line 20, the following.new subsection: 6. A member of the board may be removed for cause by the governor or by a resolution for dismissal approved by a constitutional majority of the senate and approved by a.constitutional majority of the house of representatives. ' •• WELDEN of Hardin Amend Senate File 531, as amended, passed, and re- pri4ted by the Senate, page 6, by striking lines 7 through,9 and inserting iri lieu thereof the following; 5. Propose rules and regulations as it may deem necessary to carry out the provisions of this Act, to the appropriate'standing committees of the senate and the house of representatives, The proposed rules and regulations shall become effective on July first of the year succeeding passage by the general assembly. The rules and regulations necessary to implement the provisions of this Act shall be approved by the general assembly as a condition precedent to the implementation of this Act. WELDEN of Hardin I Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 6p by striking lines 19 and 20 and inserting in lieu thereof the following: 6. Take such actions as may be necessary to carry out the mission of the public employer. 7. Determine the methods, means, and personnel by which such operations are to be*conducted. 8. Exercise all powers and duties granted to the public employer by law. ANDERSON of Ringgold 4 BEK/dg. r i M . M . . I 1 Amend Senate File 331, as amended, passed, and re- printed by the Senate, page 69 by inserting after lin 20, the following now subsection: 7. Determine the means, methods, and personnel by which the operations of the public employer shall be carried on. WELDEN of Hardin Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 7, linds 3 and 4, by striking the words "and other terms and conditions of •.employment" and inserting in lieu thereof the words "vacations, group life, medical, and liability insur- ance, retirement benefits unless these benefits are provided by law, holidays, leaves of absence, shift differentials, overtime compensation, other supple- mental pay, seniority, and job classifications". ANDERSON of Ringgold i BEK/dg I Amend Senate File 531, as amended, passed, and re- printed by the Sonata, as follower. —moi. Page 7, lines 4 and 5, by striking the words "terms authorizing dues checkoff for members of the employee organization and". 2. Page 7, -by inserting after line 19 the follow- ing new paragraphs Public employers shall not be required to negotiate over matters of inherent managerial policy, which shall include but not be limited to the discretion or policy'as to the functions and programs of the:public employer, standards of service, budget, utilization of technology, the. organizational structure and selec- tion and direction of personnel. BRANSTAD of Winnebago BEK/dg t rY) a r Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 8, by inserting after line 260 the following aew paragraph: a. Participate in jurisdictional disputes, boy- cotts, and organizational or recognition picketing. WALDEN of Hardin BEK/dg .Amend Senate File 531, as amended, passed, and re- printed by the Senate, page B. line 33, by adding after the period the words"However, the board may conduct a preliminary investigation of the alleged violation and if the board determines that the com- plaint has no basis in fact, the board may dismiss the conplaint." WELDEN of Hardin ./ 1 Amend'Senate File .531., as amended, passed, and reprinted by the Senate, as follows: 1. Page.10, by•inserting after the period in line 35 the cords "For purposes of _this subsection, a public employee who is absent from any portion of his work assignment without permissioi or who - abstain in whole or in part from the full performance of his duties without the permission of the public employer on the date when a strike occurs in prima facie'presumed to have engage in the strike." 2. Page'11, by inserting after line 33 the following new subsections: 4. A public employee who knowingly violates the provisions of subsection one (1) of ,this section and whose employment has been terminated may, subsequent to the violation, be reappointed or reemployed, but the public'employee shall be.on probation for two years. 5. A public employee shall not receive any salary, wages, or per diem for. the days on which he engaged in a strike. 19 ........ . . 20 SUBCOMMITTEE 21 22 23 24 25 LSB BK/dg , Amend Senate File 531, as amended, passed, and re- )rinted by the Senate, page 11, by striking lines 1 through 18 and inserting in lieu thereof the follow- ing : 2. In addition to any other legal or equitable remedies, a public employer, in the event of a strike or threatened strike, may petition the district court in.and for the county in which the strike occurs or is•threatened, or the district court of Polk County, for an injunction against the public employees, individually and collectively, and the employee organi zation. Any strike contrary to the provisions of this Act shall be deemed to have caused irreparable harm. Failure to comply with a court order enjoining a strik shall constitute a contempt punishable pursuant to Chapter six hundred sixty-five (665) of the Code. A permanent injunction issued by the Court against an employee organization for violation of subsection one (1) of this section shall include an order suspending the certification rights of such organization for two years. During such suspension, the public employer shall not deduct membership dues f -or such organizatior ANDERSON of Ringgold .■ I Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 11; by'striking lines 19 through 33, and inserting in lieu thereof the follow- ing new subsections: 3. Any public employee who participates in a strip shall be subject to immediate suspension, discharge of other disciplinary action. The question whether a public employee violated subsection one (1)'of this, Section may be reviewed under existing statutory pro- cedures, if any, applicable to c�4employees, or evu o-,ti.Q' y� a hearing officer of the board. ft�011- DO Sec eleven (11) of this Act, upon application by 4w employee.. 4. A public employer shall not authorize, consent to or condone a strike, or pay or agree to pay employ- ees for any day in which they participai,e in a strike, or to pay or implement any increased compensation, benefits or other contract provision granted as_a result of a strike. A ANDERSON -of Ringgold BEK/dg i SENATE FILE 531 1 Amend Senate File 531, as amended, passed, and reprinted 2 by the Senate as follows: 3 I Page 12, by inserting after line 33 the following new 4 paragraph: 5..C. Either the public employer has failed to recognize the 6 employee organization andhasnot submitted a petition to the % board acknowledging receipt of a request of the employee organi- 8 zation to bargain which has not been certified by the board, or 9 that the public employer has voluntarily recognized the employee 10 organization as the bargaining representative of such public 11 employees. 12 2. Page 13, by inserting after line 23 the following new 13 subsection: 14 7. Notwithstanding the provisions of this section, if a 15 public employer and the employee organization jointly petition 16 for certification of the employee organization as the exclusive 17 bargaining representative, the board shall issue an o-,-derof 18 nonconsent to such representation within thirty days of receipt 19 of the petition or representation shall be conclusively pre_ 20 sumed to have been granted and certified without further order 21 or decision of the board. 22 23 21+ 25 SUBCOMMITTEE LSB Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 15, by striking lines 22 through 28. 1 I WELDEN of Hardin BEK/dg 1 Amend Senr.te File 531, as amended, passed, and re- prInted by the Senate, page 16, lines 14 through 16, by striking the words "An arbitrator's decision on a grievance may not extend arbitration to changes or proposed changes in agreements or public employer Policy." and inserting in lieu thereof the words "An arbitrator's decision on a gridvance may not change or amend the agreement or modify or restrict the public employer's rights under Section seven (7) of this Act." ANDERSON of Ringgold BEK/dg 1 Amend Senate File 531, as amended, passed, and re- printed by the Senate, as follows: 1. Page 17, by striking lines 12 through 35 and inserting in lieu thereof the following new sections: Sec. FACT-FINDING. If the impasse persists days after the mediator has been appointed, the board shall appoint a fact-finding board of not more than members, each representative of the public, from a list of qualified persona maintained by the board. The fact-finding board shall conduct a hearing may administer oaths, and may request the board to is- sue subpoenas. It shall make written findings of fact and recommendations for resolution of the dispute and, no later than days from the day of'appointment, shall serve such findings on the public employer and the certified employee organization. If the dispute continues days after the report is submitted to the parties, the report shall be made public by the board. Sec. VOLUNTARY ARBITRATION . If an impasse persists after thefindingsof fact and recommenda- tions are made public by the fact-finding board, the board shall have the power, upon request of both parties, to assist in arranging for voluntary arbitra- tion, which may be binding or advisory, depending on the mutual assent of the parties. 2. Page 18, by'etriking lines 1 through 34. 3. Page 19, by striking lines 1 through 35. .4. Pago 20, by striking lines 1 through '9. /,! ANDERSON of Ringgold BEK/dg Amend Senate File 531, as amended, passed, and re- printed by the Senate, as follows:, 1. Page 17, by striking lines 12 through 35, and inserting in lieu thereof the following new section: Sec. VOLUNTARY BINDING ARBITRATION. If the impasse is not resolved through mediation ninety-five days prior to the budget submission date, the parties may voluntarily agree to submit any or all issues to final and binding arbitration. An agreement to arbi- trate and any award issued pursuant to such agreement shall be enforceable in the same manner in which a collective bargaining agreement is enforced. If there is a voluntary binding arbitration agree- ment, the agreement shall not preclude the parties from continuing to negotiate unresolved -issues until the arbitrator's award has been submitted. 2. Page 189 by striking lines 1 through 34. 3. Page 19, by striking lines 1 through 35. 4. Page 20, by striking lines 1 through 9. u� SUBCOMMITTEE LSB I BEK/dg Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 22, lines 29 through 32, by striking the words "contribution out of the funds bf the employee organization or in support of any political candidate for public office." and inserting in lieu thereof the words "contributions, including bu not limited to providing funds, personnel, supplies, equipment, or services to any political party, candi- date, or•organization supporting, endorsing, or oppos- ing any.candidate for public office. Encouraging mem- bers to contribute of a particular political party, candidate, or organization shall be deemed to be - indirect contributions by the employee organization." BRANSTAD of Winnebago BEK/dg o � n m � v n onoun D o rn v z n Amend Senate File 531,printe531, as amended, passed by the Senate, as follows: and re_ 1• Page 17, by striking Inserting in lieu lines 12 throe thereof the.... 8h 35, and Sec.S — VOLUNTARY BINDING following new section: • impas,e is not resolved t ARBITRATION. If through the days prior to the gh mediation ninet budget If ninety-five may voluntarily agree to date, the finalsubmit Parties and any or all issues •'binding arbitration, t6 trate and An agreement any award issued pursuant g meet to arbi_ Shall be enforceable to such collective in the same manner agreement ctive bargaining agreement r in which s If there is a voluntary is enforced. Y binding arbitration agree - mento the agreement shall not from continuingPreclude the to negotiate parties the arbitrator' unresolved issues s award has until 2• Pa$e 18 submitted. by striking lines 1 through 34. 3• Page 19 by striking lines 1 through 35. 4' Page 20, by striking lines 1 through g. - SUBCOMMITTEE LSE BEK/dg .■ 1 Amend Senate File 531, as amended, passed, and re- printed by the Senate, page 22, lines 29 through 32, by striking the words "contribution out of the funds of the employee organization or in support of any political candidate for public office.;" and inserting in lieu thereof the words "contributions, including bu not limited to providing funds, personnel, supplies, equipment, or services to any political party, candi- date, or•organization supporting, endorsing, or oppos- ing any.candidate for public office. Encouraging mem- bers to contribute of a particular political party, candidate, or organization shall be deemed to be - indirect contributions by the employee organization." BRANSTAD of Winnebago BEK/dg Amend Senate File 531, as amended, passed, and re- printed by the Senate, as follows: 1. Page 23, line 22, by striking the figure "1973' and inserting in lieu thereof the figure 111974". 2. Page 230 line 24, by striking the figure "19741' and inserting in lieu thereof the figure "1975". ANDERSON of Ringgold