10/17/12 Board of Public Safety Minutes

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REGULAR MEETING OCTOBER 17, 2012 77 Board's approval, also, of the filing of Fire Chief Stephen Cox's statement to be sent via email to the Board members. Therefore, upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the Board acknowledged the letter from Attorney Thomas Dixon, accepted and approved the filing of a statement by Chief Cox, and approved a decision to be recognized at a later meeting. RATIFY RESOLUTION NO. 60 -2012 — AMENDING SECTION III OF RESOLUTION NO. 32- 2012 TO EXTEND THE APPOINTMENT OF AN AGEND/NEGOTIATOR FOR THE ONGOING FIRE DEPARTMENT NEGOTIATIONS Mr. Cottrell stated that on August 8, 2012, the Board approved Resolution No. 60 -2012 subject to the paperwork. He stated Ms. Beachkofsky has now presented the paperwork for the Board's ratification and signature. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following resolution was ratified: RESOLUTION 60 -2012 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION III OF RESOLUTION NO. 32-2012 TO EXTEND THE APPOINTMENT OF AN AGENT/NEGOTIATOR FOR THE ONGOING FIRE DEPARMENT NEGOTIATIONS WHEREAS, the Board of Public Safety is the administrator of the Fire Department and has the "exclusive control over all matters and property relating" to it and the authority to adopt the rules governing the Fire 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 Fire 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 Collective Bargaining Agreement between the City of South Bend and the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO 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 1. 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 Fire Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO. 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 Collective Bargaining Agreement except the annual compensation of the Firefighters. 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.