20-24 Naming Agent/Negotiator for the FOP Negotiations

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Filed in Clerk's Office JUL 2 2. 2020 BILL NO. 20-24 DAWN M.JONES RESOLUTION NO. CITY CLERK, SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPOINTING AN AGENT/NEGOTIATOR AND AN ADVISORY COMMON COUNCIL NEGOTIATING TEAM TO REPRESENT THE COMMON COUNCIL FOR THE UPCOMING SOUTH BEND FRATERNAL ORDER OF POLICE LODGE#36 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 the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Police Department and other appointees by the Board of Public Safety until November 1, 2020; and WHEREAS,such ordinance maygrade the members of the Police Department and regulate P i� their pay by rank as well as by length of service; and WHEREAS, the 2017-2020 Collective Bargaining Agreement between the City of South Bend and the South Bend Fraternal Order of Police Lodge #36 will expire at 11:59 p.m. on December 31, 2020; and WHEREAS, the Common Council desires to appoint a Chief Negotiator and an advisory Common Council Negotiating Team to represent it and to provide updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code §5-14-1.5-6.1(b)(2)(A); and WHEREAS, the Advisory Common Council Negotiating Team shall not be considered a "governing body" or"public agency" under Indiana Code §5-14-1.5-2; and WHEREAS, the Common Council believes that this Resolution is in the best interest of promoting positive and harmonious labor negotiations. NOW, THEREFORE, BE IS RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I.The Common Council of the City of South Bend, Indiana hereby appoints Robert J. Palmer as its Agent for the upcoming labor negotiations with the South Bend Fraternal Order of Police Lodge#36. Mr. Palmer shall be the Common Council's Chief Spokesperson and Negotiator concerning all matters related to the Common Council's right to establish the compensation of the Police Department by ordinance. The Common Council also appoints as an advisory Common Council Negotiating Team, Council members Sheila Niezgodski, Henry Davis, Jr., and Jake Teshka. Section II. This resolution shall be in full force and effect from this date until an ordinance regarding the Police Department's compensation is passed by the Common Council. h e4 2744 mit+2020 Karen L. White,At Large Council Member arc: Dawn M. Jones, City Clerk