Finality of the arbitrator's decision.
Denver City Charter, art. IX, § 9.7.11
in effect§ 9.7.11 - Finality of the arbitrator's decision.
(A) Except as provided in this subdivision, the decision of the arbitrator shall be final and binding on the sole and exclusive agent and the Corporate Authorities; provided that the arbitrator's decision shall be binding only for the term of the contract. Nothing herein shall prohibit the parties from agreeing to terms different from the decision of the arbitrator as long as such agreements are made within fifteen (15) days after receipt of the arbitrator's decision.
(B) The arbitrator's decision shall be subject to court review only pursuant to the terms of this subdivision. Any party desiring court review must file suit in District Court no later than thirty (30) days after the date of the arbitrator's decision. Failure to file suit within this time frame shall waive the right to appeal the decision. A party may appeal to the District Court only on the following grounds:
(i) The award was procured by corruption, fraud or other similar wrongdoing; or
(ii) The decision on any issue is arbitrary and capricious, to wit, there is no competent evidence in the record to support the decision; or
(iii) The decision on any issue was reached without considering the factors listed in Section 9.7.9 hereof; or
(iv) The award of the arbitrator on an issue was not the final offer of the Corporate Authorities or the final offer of the agent. The court shall not conduct de novo review except to determine whether the award was procured by corruption, fraud or other similar wrongdoing. If the court determines that the award was procured by corruption, fraud or other similar wrongdoing, the entire award shall be vacated and the matter shall be remanded back to a different arbitrator selected pursuant to the terms of 9.7.7(E) hereof. The arbitrator who issued the award determined to be procured by corruption, fraud or other similar wrongdoing shall no longer be deemed qualified to be on the permanent panel of arbitrators, shall cease to be a member of the panel and shall not be eligible for reappointment to the permanent panel. If the court determines that the arbitrator's decision on any issue is arbitrary and capricious, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the sole and exclusive agent or the Corporate Authorities so desires and, with or without a new hearing, to issue a new decision on that issue which is based on some competent evidence in the record. If the court determines that the arbitrator's decision on any issue was reached without considering the factors listed in Section 9.7.9 hereof, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the sole and exclusive agent or the Corporate Authorities so desires and, with or without a new hearing, to issue a decision which considers the factors listed in Section 9.7.9 hereof as the arbitrator deems proper. If the court determines that the arbitrator's decision did not accept the final offer of either the Corporate Authorities or the sole and exclusive agent on an issue, the court shall remand the issue to the arbitrator with instructions to accept the final offer of either the Corporate Authorities or the sole and exclusive agent.
(Ord. No. 0907-24, § 1, 7-29-24, elec. 11-5-24)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIHORU_SUBTITLE_BCH_ARTIXEM_PT7COBAFI_S9.7.11FIARDEFetched: 10/27/2026