Appointing a Negotiator for the Police Department Negotiations & Rescinding Resolution No. 3002-01

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Resolution No. 3 0 �-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A NEGOTIATOR AND ADVISORY CITY NEGOTIATING TEAM TO REPRESENT THE CITY ADMINISTRATION AND THE COMMON COUNCIL FOR THE POLICE DEPARTMENT NEGOTIATIONS AND RESCINDING RESOLUTION NO. 3002 -01 Whereas, the legislative body of the City has the mandatory duty to fix by ordinance the annual compensation for members of the South Bend Police Department pursuant to Indiana Code §36- 8- 3 -3(d); and Whereas, the Board of Public Safety has the exclusive right and obligation to oversee all matters excluding compensation of the South Bend Police Department pursuant to Indiana Code §36- 8- 3- 2(b)(1); and Whereas, the City Administration and the Common Council have determined that a unified effort would be in the City of South Bend's interest when addressing, through the negotiation process, such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the sworn members of the South Bend Police Department; and Whereas, the Common Council and the Board of Public Safety will each take formal action by adopting similar resolutions which will officially appoint an Agent and an advisory City Negotiating Team which will represent each body and will provide and receive 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 Working Agreement between the City of South Bend and the Fraternal Order of Police Lodge No. 36 expires on December 31, 2001, along with Ordinance No. 8808 -97, which established the police department member salaries and monetary fringe benefits for calendar years 1998 through 2001; and Whereas, the City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code §5- 14- 1.5 -2; and Whereas, the resignation of the City Controller and various scheduling demands have made flexibility of the advisory City negotiating team necessary, Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. Upon the recommendation of the Mayor and the Board of Public Safety, the