Bill 16-48 Authorizing Agent/Negotiator for Upcoming Police Negotiations

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Bill No. 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 2016 SOUTH BEND POLICE DEPARTMENT LABOR NEGOTIATIONS 6ffopm� the South Bend Common Council acknowledges that pursuant to Indiana Code § 36-8-3 - 3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all sworn members of the South Bend Police Department, with the Indiana Court of Appeals confirming such authority; and G,)C,m� the Common Council further acknowledges that the Indiana Court of Appeals has also ruled that Indiana Code § 36 -8 -4 -4 addressing "annual cash allowance" for clothing was "compensation" and "annual pay" with such financial matters being under the authority of the Common Council; and Oft;=4 since July 1, 2007, the state regulations addressing "Meet and Confer for Public Safety Employees" codified at Indiana Code § 36 -8 -22, have been in effect which requires, among other things, that the exclusive recognized representative of an employee organization is to notify in writing of their intent to exercise their rights under this state law; and 6XC,w4 on February 21, 2016, Sergeant Dan Demler, President of the Fraternal Order of Police, Lodge # 36 sent a letter to the Council President Tim Scott of their desire to enter into negotiations in light of the fact that the current police salary and wage ordinance expires on December 31, 2016; and G,V" the Indiana Open Door Law, Indiana Code § 5- 14 -1.5, notes that a governing body, such as the Common Council, has the authority to appoint an agent to conduct collective bargaining on its behalf which does not constitute a governing body for purposes of that statute; and further authorizes the Common Council, as a governing body, to meet in Executive Session with their agent/negotiator for discussion of strategy with respect to collective bargaining; and Qf ,va4 in light of the annual pay /salary and the monetary fringe benefits expiring at the end of this year, and noting that Indiana Code § 36- 8- 3 -3(d) requires the legislative body to fix the annual compensation for all members of the Police Department by ordinance "no later than November I", 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 4" the Common Council is mindful of past successful labor negotiations with the attorney and exclusive recognized representatives of the FOP Lodge # 36 and the Common Council's agent /negotiator, along with an advisory city negotiating team.