06/01/12 Special Meeting Board of Public Safety Minutes

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EXECUTIVE SESSION JUNE 1, 2012 36 The Board of Public Safety met in the Executive Session on Friday, June 1, 2012 at 8:00 a.m. The meeting was held in the Mayor's Conference Room, 14th Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(2)(A) and 6(A) regarding Disciplinary Action and Collective Bargaining. Board President Patrick Cottrell and Board Members Eddie Miller, John Collins, and Luther Taylor were present. Board Member Laura Vasquez was absent. Also present were Police Chief Charles Hurley, and Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 8:37 a.m. SPECIAL MEETING JUNE 1, 2012 The Board of Public Safety met in a Special. Meeting at 8:40 a.m. on Friday, June 1, 2012, with Board President Patrick D. Cottrell, and Board Members Eddie Miller, John Collins, and Luther Taylor present. Board member Laura Vasquez was absent. Also present were Police Chief Charles Hurley and Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. POLICE DEPARTMENT APPROVE REINSTATEMENT OF PATROLMAN JEFFERY CHESTER Attorney Andrea Beachkofsky stated that Patrolman Jeffery Chester was placed on Administrative Leave on November 3, 2011, by the Board of Safety, subject to the disposition of criminal charges in the trial court, based on I.C. 36- 8- 3 -4(n). The charges have now been disposed and she is requesting the Board re- instate Patrolman Chester to his previous position. Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the request was approved. APPROVE RESOLUTION NO. 31 -2012 — APPOINTING A NEGOTIATOR TO REPRESENT THE BOARD OF SAFETY FOR THE UPCOMING POLICE DEPARTMENT NEGOTIATIONS Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the following resolution was approved by the Board of Safety appointing Mr. Ed Sullivan to represent the Board of Safety in the Police Department Union negotiations: RESOLUTION NO. 31-2012 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 POLICE DEPARTMENT NEGOTIATIONS WHEREAS, the Board of Public Safety is the administrator of the Police Department and has the "exclusive control over all matters and property relating" to it and the authority to adopt the rules governing the Police 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, 2012 the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Police Department before; and WHEREAS, the South Bend Common Council has already passed Resolution 4179 -12 naming Kathleen Cekanski - Farrand as the Council's Chief Negotiator; and WHEREAS, the 2012 Working Agreement between the City of South Bend and the Fraternal Order of Police South Bend Lodge No. 36 will expire on December 31, 2012; and WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would appoint his or her own advisory City Negotiating Team to represent it and to provide updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining