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Filed in Clerk's Ofte <br /> SEP 06 2017 <br /> KAREEMAH FOWLER <br /> CITY CLERK,SOUTH MEND,IN <br /> RESOLUTION NO. <br /> I! <br /> A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH <br /> BEND,INDIANA,ADOPTING AND APPROVING THE POLICE CHIEF'S PART- <br /> TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND ITS <br /> POLICE DEPARTMENT <br /> WHEREAS, The City of South Bend is faced with events periodically,but not regularly, <br /> that demand use of public security assistance or reinforcement. At those times,the full-time <br /> South Bend Police Department membership is stretched to its utmost capacity. Yet,hiring <br /> additional regular members of the Police Department would not be appropriate merely to cover <br /> such unusual but intermittent events. At other times,the Police Department, despite best efforts, <br /> has had difficulty recruiting sufficient full-time officers to meet the fullest range of law <br /> enforcement/community demands; and <br /> WHEREAS, To resolve the challenges of these conditions and to provide the South Bend <br /> Police Department with greater flexibility,the Police Chief,by authority as the person with <br /> statutory exclusive control of the police department, subject to the rules and orders of the safety <br /> board, (Ind. Code 36-8-3-3(g)), desires to create a program within the South Bend Police <br /> Department to be known as the Part-Time Officer Program(PTO) and because it is not in <br /> conflict with Indiana State law; and <br /> WHEREAS, The PTO, as proposed by the City's Chief of Police is within the City's <br /> home rule authority because any doubt as to the existence of a city's power to act is construed in <br /> favor of that city. Ind. Code 36-1-3-3; and <br /> WHEREAS,The PTO is to be comprised of part-time, sworn employees to be hired as <br /> needed subject to appointment by the safety board per Ind. Code 36-8-3-3 (c) (1), who would not <br /> be full-time officers; would not be members of the City's police collective bargaining <br /> Agreement; whose salaries would be finally approved and fixed by the South Bend Common <br /> Council; who would not be entitled to benefits other than as provided herein: who would be of <br /> one class without rank and not subject to merit promotion; who would not be guaranteed to <br /> work any hours at all, and who would not work full-time as defined by the Federal Fair Labor <br /> Standards Act(FLSA),no more than 1,000 hours per year; and whose discipline authority would <br /> be solely the South Bend chief of police; and <br /> WHEREAS, These part-time officers would supplement or enhance full-time officers and <br /> assist with special events, designated patrols, and other assignments at the discretion of the Chief <br />