Appointing an Agent/Negotiator to represent the Common Council for the 2014 Fire and Police Negotiations

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�o 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 AN ADVISORY CITY NEGOTIATING TEAM FOR THE 2014 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS % <eiea the Common Council of the City of South Bend, Indiana, acknowledges that pursuant to Indiana Code § 36- 8- 3 -3(d), the Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all sworn members of the South Bend Fire Department and the South Bend Police Department, with the Indiana Court of Appeals confirming in a case involving the Fort Wayne Police Department in 1980, that the "...Common Council of the City has the sole authority to set the salaries of the police and fire departments... "; and the Council further acknowledges that the Indiana Court of Appeals ruled in 1981, involving the Gary Police Department, that Indiana Code § 36 -8 -4 -4 addressing "annual cash allowance" for clothing was "compensation" and "annual pay" and therefore under the authority of the Common Council; and the Common Council notes that it passed Ordinance No. 10200 -12 on October 29, 2012, which established the annual pay and monetary fringe benefits for sworn members of the South Bend Fire Department for calendar years 2013 and 2014; and <ry/re�a5, the Common Council acknowledges that it passed Ordinance No. 10192 -12 on October 22, 2012, which established the annual pay and monetary fringe benefits for sworn members of the South Bend Police Department for calendar years 2013 and 2014; and on March 5, 2013 the Fraternal Order of Police Lodge # 36 sent a letter requesting to enter into negotiations; and on March 24, 2014 the South Bend Firefighters Association, Local No. 362 of the International AFL -CIO sent a letter requesting the opening of negotiations; and (Mm-mw.: in light of both annual pay and monetary fringe benefit ordinances expiring at the end of this year and in light of the state law deadline of November 1s` to fix such pay and benefits by the Common Council, it is incumbent upon the Council to formally appoint its Agent and Chief Negotiator on all matters of compensation, monetary fringe benefits and related fiscal matters so that preparation for the upcoming negotiations may begin; and (11T,ea., at the March 19, 2014 meeting of the Board of Public Safety, the Board adopted Resolution # 17 -2014 where they appointed their agent/negotiator to represent them for upcoming Fire negotiations and also adopted Resolution # 18 -2014 where they appointed their agent/negotiator to