What is the name of your state? Ohio
My question is regarding a township government (board of trustees) that is not a "limited home rule" entity; not civil service.
At a grievance hearing, the union's attorney successfully argued on behalf of the aggrieved. Both party's (union and trustees) entered into a formal written agreement providing several remedies. The township trustees accepted that agreement via resolution.
six months down the road, the township approached the union and asked that they accept the township's request to nullify the prior agreement, replacing (not amending) it with completely different language. The Union agreed to the request. The trustees began enforcing the new agreement in Feb., but it was never executed by either party until March. Nonetheless, this "new" agreement was written and signed by the Union President and one Trustee (not even the Chairman of the Board). He (trustee) purportedly signed on behalf of the other two trustees (neither of the other two were present at the signing).
Besides the dramatic change in language, the other difference between the old and new agreement is in the "resolution." The old agreement was passed (after a vote by all three trustees) by resolution and assigned a resolution number. Conversely, the new agreement was not made as a "resolution," nor were there any minutes to verify a vote ever took place between trustees, much less prove a majority supported this new agreement.
Under these circumstances (two opposing/antagonistic agreements), which one is valid?
As for the first agreement; since it was passed as a resolution, what steps (if any) must be taken by a political entity to legally nullify that resolution? If there is a record of a resolution that was passed by XYZ township, I'd hope that some formal step would be necessary in order to nullify it; if nothing else, so that the public (or whom ever else it affects) would know that it is no longer valid or enforceable. e.g. If the resolution were, "Any vehicles parked on twp. streets after 8 pm will be towed.", the people would have no way of knowing that it was nullified (they may now park on the street) if there was no meeting, no "new" resolution, etc...
It's frustrating and confusing (or maybe it's quite simple, I don't know)....
Any advice would be appreciated.What is the name of your state?
My question is regarding a township government (board of trustees) that is not a "limited home rule" entity; not civil service.
At a grievance hearing, the union's attorney successfully argued on behalf of the aggrieved. Both party's (union and trustees) entered into a formal written agreement providing several remedies. The township trustees accepted that agreement via resolution.
six months down the road, the township approached the union and asked that they accept the township's request to nullify the prior agreement, replacing (not amending) it with completely different language. The Union agreed to the request. The trustees began enforcing the new agreement in Feb., but it was never executed by either party until March. Nonetheless, this "new" agreement was written and signed by the Union President and one Trustee (not even the Chairman of the Board). He (trustee) purportedly signed on behalf of the other two trustees (neither of the other two were present at the signing).
Besides the dramatic change in language, the other difference between the old and new agreement is in the "resolution." The old agreement was passed (after a vote by all three trustees) by resolution and assigned a resolution number. Conversely, the new agreement was not made as a "resolution," nor were there any minutes to verify a vote ever took place between trustees, much less prove a majority supported this new agreement.
Under these circumstances (two opposing/antagonistic agreements), which one is valid?
As for the first agreement; since it was passed as a resolution, what steps (if any) must be taken by a political entity to legally nullify that resolution? If there is a record of a resolution that was passed by XYZ township, I'd hope that some formal step would be necessary in order to nullify it; if nothing else, so that the public (or whom ever else it affects) would know that it is no longer valid or enforceable. e.g. If the resolution were, "Any vehicles parked on twp. streets after 8 pm will be towed.", the people would have no way of knowing that it was nullified (they may now park on the street) if there was no meeting, no "new" resolution, etc...
It's frustrating and confusing (or maybe it's quite simple, I don't know)....
Any advice would be appreciated.What is the name of your state?