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REGULAR MEETING MAY 29, 2013
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<br />Whereas, Indiana Code § 36-4-7-3 provides that the compensation must be fixed “not later than
<br />November 1”, which would require the Common Council to take final action on such a
<br />compensation ordinance at its October 28, 2013 Council meeting, which is the last regular
<br />meeting before the state law deadline; and
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<br />Whereas, the current collective bargaining agreement which was approved by the Board of
<br />Public Works and which established working conditions and policies between the City of South
<br />Bend and Teamsters Local Union No. 364, expires on December 31, 2013; and
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<br />Whereas, the Common Council has been advised that the City Administration will be introducing
<br />a Resolution for the Board of Public Works to consider at their May 28, 2013, Board meeting,
<br />where the Board’s Agent/Negotiator will be formally appointed; and
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<br />Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and
<br />Chief Negotiator on matters involving maximum compensation and any other monetary items
<br />which will be the subject of the upcoming negotiations with the Negotiating Teams representing
<br />Teamsters Local Union No. 364,; and
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<br />Whereas, the Common Council is mindful of past successes where a Chief Negotiator acts as the
<br />Council’s Agent in representing their interests, and would work with the Board of Public Works’
<br />Agent and City Advisory Negotiating Team for Teamster negotiations; and provide regular
<br />updates to the Common Council during executive sessions called for the exclusive purpose of
<br />discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-
<br />6.1(b)(2)(A); and
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<br />Whereas, the City Advisory Negotiating Teams shall not be considered a “governing body” or
<br />“public agency” under Indiana Code §5-14-1.5-2; and
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<br />Whereas, the South Bend Common Council believes that the adoption of the Resolution and the
<br />upcoming process will promote positive and harmonious labor negotiations.
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<br />Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as
<br />follows:
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<br />Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen
<br />Cekanski-Farrand, a local attorney duly licensed to practice law in the State of Indiana, as its
<br />Agent and Chief Negotiator for the upcoming labor negotiations with the Teamsters Negotiating
<br />Team representing the city employees who are members of Teamsters Local Union No. 364.
<br />Mrs. Cekanski-Farrand shall act in an advisory capacity for the Teamsters negotiations on
<br />financial/legal matters and related policies under the jurisdiction of the Council, and shall work
<br />closely with the Board of Public Works Chief Agent/Negotiator. The Common Council notes
<br />that two (2) Common Council Members may serve in an advisory capacity on the joint
<br />Administration/Council City Advisory Negotiating Team, with one additional (1) Council
<br />Member serving as an alternative.
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<br />Section II. The Council’s Agent may assist the Board of Public Works Chief Agent/Negotiator
<br />in helping to coordinate matters of strategies, research and background preparation, negotiation
<br />times, scheduling of executive sessions, contacting resource persons and other matters in
<br />consultation with the South Bend Common Council and City Administration. The Council’s
<br />Agent shall provide legal assistance to the Board’s Chief Negotiator and City Advisory
<br />Negotiating Team throughout Teamsters labor negotiations.
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<br />s/Tim Scott, 1 District s/Oliver J. Davis, 6 District
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<br />s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large
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<br />s/Valerie Schey, 3 District s/Gavin Ferlic, At Large
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<br />s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large
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<br />Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney
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<br />Attest: Approved this 31 day of May, 2013
<br />s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend
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