12/08/10 Board of Public Safety Minutes

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REGULAR MEETING DECEMBER 8 2010 104 ADOPT RESOLUTION NO. 82 -2010 - A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA REORGANIZING THE RANKS, OF THE SOUTH BEND FIRE DEPARTMENT 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. 82-2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY REORGANIZING THE RANKS OF THE SOUTH BEND FIRE DEPARTMENT WHEREAS, in the months of June through September, 2009, the Board of Public Safety through its appointed agent, Charles Leone, and other members of the City's Advisory Negotiating Team negotiated a new one year wage package and Collective Bargaining Agreement with the South Bend Firefighters' Association Local No. 362, the representative of the sworn members of South Bend Fire Department excluding the ranks of Captain and above; and WHEREAS, during the negotiations the parties agreed that there should be a restructuring of the ranks so that eventually the highest non - supervisory rank in the South Bend Fire Department will be First Class Firefighter and the rank of Engineer will be phased out; and WHEREAS, the financial constraints upon the City at that time required that this full restructuring take place over a number of years but that the intent is to benefit pensioners and not to provide an interim windfall raise to some current sworn members; and WHEREAS, the Board of Public Safety on December 16, 2009 passed Resolution 62- 2009 which addressed and partially accomplished the reorganization; and WHEREAS, on October 1, 2010, the South Bend Common Council passed the Salary Ordinance #10043 -10 which covered the salaries for the members of the South Bend Fire Department in the years 2011 and 2012, and which ordinance did not provide any salary for the rank of Engineer; and WHEREAS, the Board of Public Safety is the appropriate body pursuant to its powers under I.C. 36 -8-3 to restructure the ranks of the South Bend Fire Department, and to create job descriptions and promotion requirements for the ranks within the South Bend Police Department. NOW, THEREFORE, THE BOARD OF PUBLIC SAFETY, makes the following changes in the rank structure of the South Bend Fire Department to be effective at 12:00 midnight, January 1, 2011: 1. The rank of Engineer shall be abolished and any sworn members holding that position shall be assigned the rank of First Class Firefighter; 2. The rank structure of the South Bend Fire Department shall not be otherwise changed by this Resolution. Dated this 8th day of December, 2010, BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Patrick D. Cottrell, Member s /Eddie L. Miller, Member s /Bruce J. BonDurant, Member s /Laura A. Vasquez, Member Attest: s /Linda Martin, Clerk ACCEPT AND APPROVE RETIREMENT — CAPTAIN JAMES BRIEN President Dempsey advised that Chief Howard Buchanon has submitted to the Board the