05-26-09 Common Council Meeting Agenda & Packet

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~~~~ ~~ ~ ~~ 3`~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIA.TOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT NEGOTIATIONS G~l~ii~eaa, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments..."; and ~~in~eaa, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and ~l~i~aa, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and ~1~~aa, the Common Council received a letter from a representative of the South Bend Firefighter's Association Loca1362, and also received a letter from a representative of the Fraternal Order of Police, South Bend Lodge No. 36, with each union requesting to begin negotiations; and ~~~ra, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and all other monetary items- subject to the' upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and '~1~~eab, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing their interests, who would in turn appoint an City Advisory Negotiating Team and work with the Board of Public Safety's Agent and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.1(b)(2)(A); and ~fiexeaQ., the City Advisory Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and ~i~ecza, the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations, during very difficult and challenging fiscal times.