04-28-08 Council Meeting Agenda & Packet

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RESOLUTION NO. - -- --- - - - -A- RESOLUTION-OF -THE- COMMON- COUNCIL_OF THE_CITY-OF_SOUTH_BEND,_______ INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS WX&maa, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments... "; and c�l�aa, pursuant to Indiana Code § 36- 8 -4 -4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and WW*m, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36- 8 -3 -2; and Wlw"ma, the Common Council received written communication from a representative of the South Bend Firefighter's Association Local 362 requesting that negotiations begin no later than May 1St; and similar communication from a representative of the Fraternal Order of Police, South Bend Lodge No. 36 is expected to be received shortly; and Wei4eaa., this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and financial matters subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and W1w9v, a, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and Wlz mmt, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and WX*xeaa, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations.