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8.K.
City Council Draft Agenda
Meeting Date:
07/02/2019
Co-Submitter:
Stacey Brechler-Knaggs

TITLE:

Consideration and Adoption of Resolution No. 2019-37:  A resolution of the Flagstaff City Council, approving an Intergovernmental Agreement between Coconino County and the City of Flagstaff for Dispute Resolution/Mediation Services.

STAFF RECOMMENDED ACTION:

1) Read Resolution No. 2019-37 by title only
2) City Clerk reads Resolution No. 2019-37 by title only (if approved above)
3) Adopt Resolution No. 2019-37

Executive Summary:

The City contracts mediation services through Coconino County. The purpose of utilizing mediation services through County services if necessary is for alternative dispute resolution (ADR) of civil rights complaints. Under the City’s civil rights code, complaints for violations of the City’s civil rights code are taken by the City Manager’s Office. The ADR program will provide a Mediator(s) to mediate disputes, arising out of possible civil rights violations and shall provide such services to all persons referred or brought in by the City. Approval of this agreement will authorize a cost to the City of $480.00 for a four (4) hour mediation session. If four (4) hours is not enough time to reach a settlement of a said dispute, the mediation can be reset at the City's discretion and if necessary, the Mediator's recommendation at the cost of $120.00 per hour. The term agreement will be for (5) five years.

Financial Impact:

Funding for mediation services is included in the adopted budget in account 001-09-402-1310-1-4206 Non-department.

Policy Impact:

None.

Connection to Council Goal, Regional Plan:

1. Social Justice.
2. Community Outreach.

Has There Been Previous Council Decision on This:

None.

Options and Alternatives:

Approve the acceptance of the IGA or decline the acceptance of the IGA.

Background and History:

Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly, more expeditious and are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce actions, and personal injury claims. The City contracts mediation services through Coconino County if necessary for alternative dispute resolution (ADR) of civil rights complaints under the City’s civil rights code. The County has available and the personnel necessary to organize and provide personnel to provide the Alternative Dispute Resolution (ADR) mediation services for the City of Flagstaff. The County has the ADR program in place and has provided this service for the City or the last (5) five years.

Key Considerations:

None

Community Benefits and Considerations:

None

Community Involvement:

Having the IGA in place allows citizen's to report civil rights violation though the City of Flagstaff settling disputes without litigation in the form of mediation through Coconino County's Alternative Dispute Resolution (ADR) Program which are less less costly and more expeditious.

Expanded Options and Alternatives:

To provide the public with an alternative mean to address violations of the City's Civil Right's Code by partnering with the City's external partner (Coconino County).

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