See below. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Puckett, Tony G. <Tony.Puckett@mcafeetaft.com> Sent: Monday, February 21, 2022 11:26 AM To: Rick Knighton <Rick.Knighton@NormanOK.gov> Subject: EXTERNAL EMAIL : HB1606 - FPAA amendment Rick: I am forwarding information on HB 1606 which is a labor bill on the Fire and Police Arbitration Action. The bill would limit a city's ability to seek judicial review of an arbitration decision, which is currently permitted on a limited basis under Oklahoma law. The limited judicial review of arbitration decisions in Oklahoma is consistent with federal labor law, which is what the FPAA is based upon. A copy of the bill is available at this link: http://www.legisok.com/htbin/palm_text.com?ROK58RHB01606_HPA . This is a bad bill from my perspective. It would deny a basic right that any litigating party has, even the unions, which is to have a judge and/or an appellate court review the findings of an arbitrator. Arbitrators are not elected or appointed by the legislature, and have little to no judicial training. Cities do not often appeal arbitration decisions because the grounds for appeal are very limited, but there are times when arbitrators exceed the scope of their authority under a collective bargaining agreement and then it is appropriate for a city to seek a court's review. HB 1606 also would add an attorneys' fee provision that would apply only to municipalities. There currently is no provision in the law for attorneys' fees to be assessed against a city for any labor arbitration or litigation concerning and arbitration decision. HB 1606 is being heard in in the House County and Municipal Government Committee this afternoon at 3:00 p.m. Tony [McAfee & Taft] Tony G. Puckett Attorney (405) 552-2251 direct (405) 228-7451 fax tony.puckett@mcafeetaft.com<mailto:tony.puckett@mcafeetaft.com> VCard<http://www.mcafeetaft.com/TonyPuckett_vCard> | BIO<http://www.mcafeetaft.com/TonyPuckett> | www.mcafeetaft.com<http://www.mcafeetaft.com> For information and assistance navigating the COVID-19 crisis, please visit our COVID-19 Resource Center at: https://www.mcafeetaft.com/covid-19-resource-center/ This email is sent by McAfee & Taft, a law firm, and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a client of McAfee & Taft, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. ________________________________ From: Melanie Armstrong <Melanie@oml.org<mailto:Melanie@oml.org>> Sent: 2/17/22 11:53 AM To: undefined Subject: ***CORRECTION*** OML Legislative Committee: HB1606 - Feedback Requested Committee, Please see the attached HB1606 proposed language. HB 1606 by Rep. Ross Ford (R-Broken Arrow) requires in accordance with Section 51-111 of Title 11 of the Oklahoma Statutes, any and all decision or awards rendered pursuant to the arbitration requirements referred to shall be final and binding. Such decisions and awards shall be complied with by both parties and implemented within thirty (30) days of the date of the decision or award unless parties to the award otherwise mutually agree in writing to an additional period for compliance. Failure to comply within the thirty (30) days, shall constitute a failure to bargain in good faith and an unfair labor practice. Such failure or refusal shall subject the non-complying party. The corporate authorities must pay the costs and attorney's fees in any action that results in a final order for the corporate authorities to comply with and/or implement a final arbitration decision or award. HB 1606 is being heard Monday in House County and Municipal Government. Attached is the committee substitute that has been filed. OML is looking for your feedback on the proposed language. Please let me know if you have any comments, questions, or concerns! Thank you, Melanie Armstrong Inquiry Specialist Oklahoma Municipal League 201 Northeast 23rd Street Oklahoma City, OK 73105 (405)528-7515 The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.