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~azS-~~ <br />RESOLUTION NO. <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON <br />COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE <br />2010 POLICE DEPARTMENT, FIRE DEPARTMENT AND TEAMSTER <br />LABOR NEGOTIATIONS <br />"2~~~, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive <br />authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the <br />South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling <br />that the "Common Council of the city has the sole authority to set the salaries of the police and fire <br />departments..."; and <br />"~~~Q., pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing <br />additional compensation matters with the Indiana Court of Appeals ruling that the Common Council <br />was vested with the sole authority to fix the amount of clothing allowance and that annual cash <br />allowance for clothing is considered compensation; and <br />"fib, the Common Council acknowledges that the Board of Public Safety has certain <br />responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and <br />"~~ad, the Common Council received a letter from the Vice-President of the South Bend <br />Firefighter's Association Local 362, and anticipate similar requests from representatives of the <br />Fraternal Order of Police, South Bend Lodge No. 36, and Teamsters Local Union No. 364, with each <br />union requesting to begin labor negotiations; and <br />"~-, this Resolution will formally appoint the South Bend Common Council's Agent and <br />Chief Negotiator on all matters of compensation and all other monetary items subject to the upcoming <br />negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire <br />Department and the South Bend Police Department; and the Teamsters; and <br />"~~-, the Common Council is mindful of past successes where a Chief Negotiator acts as <br />the Council's Agent in representing their interests, who would in turn appoint an City Advisory <br />Negotiating Team and work with the Board of Public Safety's Agent for police and fire negotiations; <br />would work with the Board of Public Works' Agent and City Negotiating Team for Teamster <br />negotiations; and provide regular updates to the Common Council during executive sessions called for <br />the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana <br />Code § 5-14-1.5-6.1(b)(2)(A); and <br />`21~~~, the City Advisory Negotiating Teams shall not be considered a "governing body" or <br />"public agency" under Indiana Code § 5-14-1.5-2; and <br />"~h, the South Bend Common Council believes that the adoption of this Resolution and <br />the upcoming process will promote positive and harmonious labor negotiations. <br />