§ 4-5-406. SAME - FACT-FINDING.

(a)

Required.

(1)

(i)

If the county administration and the exclusive representative are unable to reach an agreement in mediation by February 20, by mutual agreement, they shall select a fact finder.

(ii)

If more than one exclusive representative is involved in the dispute, for purposes of this section, they shall act as a group.

(2)

If the county administration and the Health Care Review Committee are unable to reach an agreement in mediation by February 20, by mutual agreement, they shall select a fact finder.

(b)

Unable to agree on fact finder. If the county administration and the exclusive representative or the county administration and the Health Care Review Committee, as applicable, are unable to agree on the selection of the fact finder within 3 working days, the parties shall select a fact finder from a panel of neutrals maintained by a mutually acceptable impartial third party agency.

(c)

Fact finder - Role in general. The fact finder shall:

(1)

Meet with the parties;

(2)

Identify the major issues in dispute between the parties;

(3)

Review the positions of the parties; and

(4)

By March 20, issue a report which includes:

(i)

Written findings of fact; and

(ii)

Recommendations for the resolution of the dispute.

(d)

Same - Elements to consider.

(1)

In making the findings and recommendations required under this section, the fact finder shall take into consideration, among other pertinent factors:

(i)

Wages, benefits, hours, and other working conditions of other county employees both in the county and in other similar political subdivisions of the state;

(ii)

Wages, benefits, hours, and other benefits available to or received by county employees as compared with private sector employees in the county;

(iii)

Cost-of-living data; and

(iv)

The availability of funds.

(2)

In addition to the provisions of paragraph (1) of this subsection, in making the findings and recommendations in a dispute between the county administration and the Health Care Review Committee required under this section, the fact finder shall take into consideration, among other pertinent factors:

(i)

Health coverage costs;

(ii)

New and different benefit offerings;

(iii)

Plan designs; and

(iv)

Cost containment measures.

(e)

Distribution of report.

(1)

Copies of the fact finder's findings and recommendations shall be sent to the County Executive, any exclusive representative involved, the Health Care Review Committee, if applicable, each member of the County Council, and the mediator.

(2)

The mediator may thereafter assist the parties to effect a voluntary resolution of the dispute.

(1988 Code, §§ 25-52, 25-58) (Bill No. 11, 1992, § 1, 1-27-1992; Bill No. 112-98, § 1, 11-20-1998; Bill No. 61-03, § 1, 11-1-2003; Bill No. 66-99, § 2, 7-1-2004; Bill No. 73-04, § 6, 9-25-2004; Bill No. 6-13, § 1, 3-4-2013; Bill No. 66-11, § 2, 4-1-2014)