17-54 Fire Negotiations Agent Appointment

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RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS WHEREAS,the Board of Public Safety is the administrator of the Fire Department and has the "exclusive control over all matters and property relating" to it and the authority to adopt the rules governing the Fire Department pursuant to Indiana Code §36-8-3-2; and WHEREAS, pursuant to Indiana Code §36-8-3-3(d), the Common Council has the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and other appointees by the Board of Public Safety until November 1, 2017; and WHEREAS, such ordinance may grade the members of the Fire Department and regulate their pay by rank as well as by length of service; and WHEREAS,the 2016-2017 Collective Bargaining Agreement between the City of South Bend and the South Bend Firefighters Association Local No. 362 of the International Association of Firefighters AFL-CIO will expire at 11:59 p.m. on December 31,2017; and WHEREAS, the Common Council desires to appoint a Chief Negotiator who would appoint as his or her own advisory Common Council Negotiating Team to represent it and to provide updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code §5-14-1.5-6.1(b)(2)(A); and WHEREAS, the Advisory Common Council Negotiating Team shall not be considered a "governing body" or"public agency"under Indiana Code §5-14-1.5-2; and WHEREAS, the Common Council believes that this Resolution is in the best interest of promoting positive and harmonious labor negotiations. NOW,THEREFORE,BE IS RESOLVED,by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana hereby appoints Robert J. Palmer as its Agent for the upcoming labor negotiations with the South Bend Firefighter's Association Local No. 362 of the International Association of Firefighters AFL-CIO. Mr. Palmer shall be the Common Council's Chief Spokesperson and Negotiator concerning all matters related to the Common Council's right to establish the compensation of the Firefighters by ordinance. Section II. This resolution shall be in full force and effect from this date until an ordinance regarding the Firefighters' compensation is passed by the Common Council. Dated this 28a'day of August, 2017. Filed in Clerk's Office Member of the Common Coun it AUG 2 3 2017 6 AREEMAH FOWLER I CITY CLERK,SOUTH BEND,IN