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18-12 Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units
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18-12 Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units
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3/22/2018 11:29:59 AM
Creation date
3/21/2018 12:25:35 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
3/26/2018
Bill Number
18-12
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hired under Section 5.03 shall be released from service. <br /> Section 5.03. Hiring by the Prosecutor's Office; Limitations. During the Term of <br /> this Agreement,the Prosecutor's Office agrees to hire the number of full-time employees <br /> necessary to offset the City's removal of City employees from service in the Metro Units under <br /> Section 5.02 as mentioned above,which number will not exceed three(3). Unless specifically <br /> approved by the Chief and City Legal,the Prosecutor's Office agrees that it will not hire: <br /> (a) any current City employee; <br /> (b) any former City employee who is involved, as a party or witness adverse to the City <br /> (or the City's officers or employees), in any pending litigation, dispute, or controversy <br /> concerning any subject matter; or <br /> (c) any former City employee, unless his or her employment by the City terminated at <br /> least two (2) years prior to the proposed date of hiring by the Prosecutor's Office and he <br /> or she has waived in writing any and all past and future claims against the City(and the <br /> City's officers and employees). <br /> Any person hired by the Prosecutor's Office in accordance with this Agreement will be an <br /> employee of the Prosecutor's Office and not an employee of the City. Notwithstanding the <br /> payments contemplated in Section 5.04 below,the County (through the Prosecutor's Office) will <br /> directly bear all costs and expenses of hiring and employing its new employees. <br /> Section 5.04. City Payments; Maximum Liability_ Upon the decision to hire a new <br /> investigator by the Prosecutor's Office under Section 4 above, the Prosecutor's Office will notify <br /> the City of the name, salary, length of the service contract and provisions for paid time off for <br /> vacation, sick and personal days of the prospective employee in writing. After receiving such <br /> notice from the Prosecutor's Office,the City will have up to twenty-one(21) days in which to <br /> ensure that the new employee qualifies under Section 5.03. In the event the City determines that <br /> the Prosecutor's Office has complied with Section 5.03,then within thirty(30) days after such <br /> determination the City will submit to the Prosecutor's Office a check payable to the St. Joseph <br /> County Treasurer in the amount as shown in Appendix II which is equal to the expected <br /> annual salary expense for the prospective employee, and transfer to the Prosecutor's Office <br /> ownership of one (1) unmarked vehicle for the use by that investigator. <br /> In light of the salary limitations stated in Appendix II, the City's payments for each investigator <br /> hired under this Agreement will not exceed the total annual salaries of the investigators as stated at <br /> Appendix II. The Parties mutually agree and acknowledge that any payment by the City under <br /> Article 5 will be applied for the sole purpose of offsetting the costs and expenses of new employees <br /> hired in accordance with Section 4 above, which costs and expenses will at all times remain the <br /> responsibility of the County through the Prosecutor's Office. The parties also agree that except for <br /> compliance with Section 3 the decision to employ or not employ any applicant is within the sole <br /> discretion of the Prosecuting Attorney. <br /> Each year on the anniversary date of the hire of each investigator the County shall prepare and <br /> Page 9 <br />
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