Amending the 2013 Salary Ordinance Address Certain Zoo Employee Compensation

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ORDINANCE NO. X077143 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2013 SALARY ORDINANCE (No. 10199 -12) FOR APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO EMPLOYEE COMPENSATION STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199 -12 establishing the 2013 maximum salary and wages for all non - bargaining employees of the City of South Bend, Indiana on October 29, 2012 ( "The 2013 Non - bargaining Salary Ordinance). This Ordinance makes no adjustment in the salaries that were fixed in the 2013 Non - bargaining Salary Ordinance. However, the City is in the process of entering into a public /private partnership agreement ( "the Agreement ") with the Potawatomi Zoological Society ( "the Society ") for operation of the Potawatomi Zoo ( "the Zoo "). The Agreement is expected to be reviewed and approved by the South Bend Parks Commission around December 16, 2013, and as a result, certain current employees of the City of South Bend will become employees of the Society. Because this will result in cessation of their rights and privileges as public employees under the Public Employees Retirement Fund ( "PERF "), the Agreement will provide certain unique final compensation to these employees who are affected by the Agreement. This Ordinance is, therefore, conditioned upon approval of the Agreement. The appropriation for this unique compensation is part of the City's final additional appropriation Bill for 2013 filed separately with the Common Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The 2013 Non - bargaining Salary Ordinance be and hereby is amended to add a new Section V, and to renumber the former section V as section VI. The new Section V shall read as follows: SECTION V: Special Compensation to Former City Employees Who Will Become Employees of the Potawatomi Zoological Society. Those City employees who will cease being employees of the City of South Bend and who will become employees of the Potawatomi Zoological Society ( "Society ") upon approval of an Agreement with the City Parks Commission, shall be entitled to receive a one- time payment equal to all accrued, unused vacation and sick pay as of the date of change in their employment status from City of South Bend employee to Society employee. Such affected employee with less than ten years of PERF qualified City service shall further be entitled to