10/17/12 Board of Public Safety Minutes

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REGULAR MEETING OCTOBER 17, 2012 75 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 pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and WHEREAS, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and WHEREAS, the City of South Bend Administration and the Board of Public Safety believe that this Resolution is in the best interest of promoting positive and harmonious labor negotiations. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, as follows: Section I. The Board of Public Safety of the City of South Bend, Indiana hereby appoints Edward Sullivan, as its Agent for the upcoming labor negotiations with the Fraternal Order of Police South Bend Lodge No. 36 Police Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36. Mr. Sullivan shall be the City's Chief Spokesperson and Negotiator concerning all matters related to the working conditions and other matters addressed in the Working Agreement except the annual compensation of the Police Officers. Section II. Ever respectful of the Common Council's legitimate interest with respect to annual compensation, Mr. Sullivan shall attempt to coordinate with Mrs. Cekanski - Farrand strategy, negotiation times, scheduling of executive sessions, advisory team membership, and other matters pertaining to negotiations. Section III. This resolution shall be in full force and effect 4em this date u"! ^ Wo -kin . retroactively from October 1, 2012 until a Working Agreement has been reached and duly executed by all parties Dated this 17`h day of October, 2012. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Patrick D. Cottrell, President s /Laura A. Vasquez, Member s /Eddie L. Miller, Member s /John Collins, Member Attest: s /Linda Martin, Clerk ACCEPT AND APPROVE RETIREMENT— SERGEANT MICHAEL A CRITCHLOW President Cottrell advised that Chief Hurley has submitted to the Board the Application and Declaration for Retirement for Sergeant Michael A. Critchlow effective September 28, 2012. Chief Hurley noted that he has served the Department with loyalty and distinction during the last twenty two (22) years, two (2) months and twenty -five (25) days. Chief Hurley joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Police Department and the citizens of South Bend. Members also wished him a long and happy retirement.