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REGULAR MEETING ATTEST: L' da M. Martin, Clerk MAY 12 2010 37 REGULAR MEETING MAY 12, 2010 The Board of Public Safety met in the regular meeting at 9:22 a.m. on Wednesday, May 12, 2010, with Board Members Patrick Cottrell, Laura Vasquez, and Eddie Miller present. President Juanita Dempsey and Board Member Bruce BonDurant were absent. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. The meeting was held in the South Bend Fire Department Classroom No. 1, Central Fire Station, 1222 S. Michigan St. South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS Board Member Patrick Cottrell advised that if there were no objections by members of the Board, the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on April 28, 2010 and the Special Meeting of May 3, 2010, would be accepted with the noted changes. FIRE DEPARTMENT SET HEARING — CHARGES 2010 -02 - PAUL CHLEBOWSKI In a letter to the Board dated May 4, 2010, Captain Paul Chlebowski requested a Hearing of Charges 2010 -02. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the Board set the date for the Hearing of Charges 2010 -02 for June 2, 2010, at 10:00 a.m. ADOPT RESOLUTION NO.27 -2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND INDIANA APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 27 -2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY 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 until September 30, 2010 the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department before; and WHEREAS, the South Bend Common Council has already passed Resolution 4025 -10 naming Kathleen Cekanski - Farrand as the Council's Chief Negotiator; and WHEREAS, the 2010 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 on December 31, 2010; and WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would