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REGULAR MEETING <br />POLICE DEPARTMENT <br />MAY 12, 2010 39 <br />ACCEPT AND APPROVE RETIREMENT — SHARON JOHNSON <br />Chief Darryl Boykins submitted to the Board the Application and Declaration for Retirement for <br />Sergeant Sharon Johnson effective May 13, 2010. Chief Boykins noted that she has been with the <br />Department since June 25, 1985. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and <br />carried, the retirement was accepted and approved. <br />ACCEPT AND APPROVE RETIREMENT — FRANK SCHEU <br />Chief Darryl Boykins submitted to the Board the Application and Declaration for Retirement for <br />Corporal Frank Scheu effective June 4, 2010. Chief Boykins noted that he has been with the <br />Department since April 4, 1978. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and <br />carried, the retirement was accepted and approved. <br />ADOPT RESOLUTION NO. 28 -2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY <br />OF THE CITY OF SOUTH BEND INDIANA APPOINTING AN AGENT/NEGOTIATOR TO <br />REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING POLICE <br />DEPARTMENT NEGOTIATIONS <br />Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was <br />approved by the Board of Public Safety: <br />RESOLUTION NO. 28-2010 <br />A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF <br />THE CITY OF SOUTH BEND, INDIANA, APPOINTING <br />AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY <br />FOR THE UPCOMING POLICE DEPARTMENT NEGOTIATIONS <br />WHEREAS, the Board of Public Safety is the administrator of the Police Department and has <br />the "exclusive control over all matters and property relating" to it and the authority to adopt the rules <br />governing the Police Department pursuant to Indiana Code §36- 8 -3 -2; and <br />WHEREAS, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has until <br />September 30, 2010 the exclusive authority to fix by ordinance the annual compensation for all <br />members of the South Bend Police Department before; and <br />WHEREAS, the South Bend Common Council has already passed Resolution 4025 -10 <br />naming Kathleen Cekanski - Farrand as the Council's Chief Negotiator; and <br />WHEREAS, the 2010 Working Agreement between the City of South Bend and the Fraternal <br />Order of Police South Bend Lodge No. 36 will expire on December 31, 2010; and <br />WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would <br />appoint his or her own advisory City Negotiating Team to represent it and to provide updates during <br />executive sessions called for the purpose of discussing strategy with regard to collective bargaining <br />pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and <br />WHEREAS, the Advisory City Negotiating Team shall not be considered a "governing body" <br />or "public agency" under Indiana Code § 5- 14- 1.5 -2; and <br />WHEREAS, the City of South Bend Administration and the Board of Public Safety believe <br />that this Resolution is in the best interest of promoting positive and harmonious labor negotiations. <br />NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety ofthe City of South <br />Bend, Indiana, as follows: <br />Section I. The Board of Public Safety of the City of South Bend, Indiana hereby appoints <br />Charles Leone, as its Agent for the upcoming labor negotiations with the Fraternal Order of Police <br />South Bend Lodge No. 36 Police Negotiating Team representing the Fraternal Order of Police South <br />Bend Lodge No. 36. Mr. Leone shall be the City's Chief Spokesperson and Negotiator concerning all <br />