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RESOLUTION NO. 3 � 77 —DS <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE <br />COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING <br />TEAM FOR THE 2005 FIRE AND POLICE DEPARTMENTS NEGOTIATIONS <br />Wiwi ua, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the <br />mandatory duty and exclusive authority to fix by ordinance the annual compensation for <br />all members of the South Bend Fire Department and the South Bend Police Department <br />before September 20a; and the Council has further authority under Indiana Code § 36 -8- <br />4-4 addressing compensation matters and authority under Indiana Code § 36- 4- 7 -3(b) to <br />approve compensation for appointive officers of these departmetns before September 30th <br />as interpreted by the Indiana Appellate Courts; and <br />974", the Board of Public Safety has the "exclusive control over all matters <br />and property relating" to the Fire Department and the Police Department pursuant to <br />Indiana Code § 36- 8- 3- 2(b)(2); and <br />Wlwmaa, the Common Council and the City Administration have determined that <br />a unified effort would be in the City of South Bend's best interests when addressing, <br />through the negotiating process such items as annual compensation, specialty pays, <br />monetary fringe benefits, working conditions, and items related to the South Bend Police <br />Department; and that the Common Council has the responsibility of addressing the <br />annual compensation items addressed in ordinance form for the South Bend Fire <br />Department, noting that the Board of Public Safety approved a 2005 -2008 Collective <br />Bargaining Agreement addressing working conditions; and <br />0#4", the City's Board of Public Safety adopted Resolution No. 36 -2005 on <br />May 11, 2005 which appointed Charles S. Leone as the Board's Agent and Chief <br />Negotiator for the upcoming labor negotiations with the Fraternal Order of Police Lodge <br />No. 36, who will represent the South Bend Police Department on all non - compensation <br />matters addressed in their Working Agreement which is set for expire on December 31, <br />2005; and <br />OM", this resolution will formally appoint attorney Kathleen Cekanski- <br />Farrand as the South Bend Common Council's Agent and Chief Negotiator on all matters <br />of compensation for the upcoming labor negotiations with the Fraternal Order of Police <br />Lodge No. 36 who will represent the South Bend Police Department and the upcoming <br />labor negotiations with the South Bend Firefighters' Association Local No. 362 of the <br />International Association of Firefighters AFL -CIO who will represent the South Bend <br />Fire Department; and she will carry out the negotiations pursuant to the letter of <br />engagement signed by attorney Kathleen Cekanski - Farrand; and <br />