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HomeMy WebLinkAbout9963-09 Fixing the annual pay and monetary fringe benefits of firefighters of the Fire Department for 2010ORDINANCE No. 9963-09 Passed by the Common Council of the Ciry of South Bend, Indiana September 28, Attest: Attest: Presented by me to the Mayor of the City of Soutli Bend, Indiana September 29, 09 ZO _ E Approved and signed by me September 3 0 , 20 09 20 0 9 City Clerk President of Common Council City Clerk ~" / / ~//'~'`.~,, .~ o Mayer Ordinance No. ~ ~ ~ 3 '~ 1 Bill No. 71-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-8-3-3, ¶ (d), the South Bend Common Council, as the legislative body of a second class city is charged with establishing before September 30th the annual compensation of all members of the South Bend Fire Department. On June 8, 2009, the South Bend Common Council adopted Resolution No. 3973 -09 which appointed anagent/negotiator for the labor negotiations with the Fire Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO. For the past several weeks the City's Advisory Fire Negotiating Team, whose membership included 4`~' District Council Member and Health Public Safety Vice-Chairperson Ann Puzzello, 2nd District Council Member Henry Davis, Jr., City Attorney and Board of Public Safety Agent Charles Leone, Assistant Fire Chief James Lopez, and the Council's AgentlNegotiator Kathleen Cekanski- Farrand has been meeting with the Fire Negotiating Team which consists of Ken Marks, IAFF Local 362 President; Todd Skwarcan, IAFF Loca1362 Vice-President; James Weinberg, Chris Baker, Gerard Ellis, and Thomas "Chip" Lewis III, Spokesperson. The City's Advisory Negotiating Team and the Fire Negotiating Team reached a tentative agreement on Thursday, September 24, 2009, regarding a 1-year salary and monetary fringe package for the 2010 calendar year which includes the first phase of rank re-structuring. The tentative agreement includes the implementation of the first phase of rank re-structuring whereby the current "Firefighter" will be renamed "Third Class Firefighter" and a new "Second Class Firefighter", with both of these new titles being created as part of the salary classification listing. Firefighters hired prior to January 1, 2010, will be grandfathered. Effective in 2011, the City of South Bend will make its best efforts to eliminate the Engineer rank, with this being the second phase of the rank re-structuring concept. The negotiating teams were committed to the principles of interest-based bargaining which were used throughout the negotiating process. The salary and monetary fringe benefits set forth in this ordinance are in keeping with the goals and objectives established by the South Bend Common Council, the City Administration and the Fire Administration. The negotiating team further agreed to address the following interests during next year's labor negotiations: the second phase of the rank re- structuring and the salary compression issues involving Captains including those non-rank positions currently paid at the Captain amount. This ordinance is believed to be in the best interests of the South Bend Fire Department and the best interests of the City of South Bend, Indiana. 2010 South Bend Fire Department Salary Ordinance -Page 2 Section I. Reco nition: The South Bend Common Council recognizes the Fire Negotiating Team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO as the sole bargaining agent for the sworn members of the South Bend Fire Department, except the Fire Chief, Assistant Fire Chiefs and Battalion Chiefs for purposes of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance. Section II. (a). Definitions: For purposes of this ordinance, "Salary Classifications" mean categories for salary and annual pay purposes only. Rank does not mean salary classification. (b). Annual Pay for Sworn Members of the South Bend Fire Department: Maximum annual pays for the sworn members of the South Bend Fire Department shall be as follows: Salary Classification Fire Chief Assistant Fire Chiefs Battalion Chiefs Captains Engineers First Class Firefighter Second Class Firefighter Third Class Firefighter Firefighter Effective 04-01-09 Effective O 1-01-10 $78,189 $78,189 $71,724 $71,724 $61,897 $61,897 $50,901 $50,901 $49,066 $49,066 $44,150 $47,150 $44,150 $36,121 $36,121 Recognizing the Board of Public Safety's role, the Common Council believes that sworn members of the South Bend Fire Department hired prior to January 1, 2010, should be grandfathered. The Council believes that they should be eligible under the promotion system then in place prior to January 1, 2010, if such sworn member(s) of the South Bend Fire Department are determined to be qualified by the Board of Public Safety. (c). Annual Pad for Firefighter Recruit: The maximum annual pay for a Firefighter Recruit of the South Bend Fire Department shall be $35,613 for the 2010 calendar year. (d). Salaries for Non-Rank Specialties: Qualified sworn members of the South Bend Fire Department who are regularly assigned to perform any of the following non-rank specialties, shall be paid as follows: Non-Rank Specialties: Arson Investigators Inspectors Instructors Lieutenant/Paramedic Pump Engineer/First Driver Effective 04-01-09 Effective 01-01-10 $50,901 $50,901 $50,901 $50,901 $50,901 $50,901 $50,490 $50,490 $49,666 $49,666 2010 South Bend Fire Department Salary Ordinance -Page 3 Section III. Specialty Pays: (a). Medical Specialty Pam: Specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of the regular assignment for such special duty or duties and paid accordingly. Individuals performing any of the following Medical Specialties shall be paid at the highest certification only. The following Medical Specialty Pays are established for calendar year 2010: Medical Specialties 2010 First Responder $250 EMT $350 AEMT $750 EMT-I $900 Reserve Paramedic $1,250 Paramedic $5,000 Any sworn member of the South Bend Fire Department hired after January 1, 2001, when the EMT certification became a condition of employment, shall not be entitled to the above-listed EMT medical specialty pay. All sworn members of the South Bend Fire Department who were hired prior to January 1, 2001, and who maintain his or her EMT certification shall be entitled to the listed EMT medical specialty pay(s). (b). ~ecial Operation Team Specialty Pam: The following specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly. Individuals hired prior to January 1, 2001, and performing any of the following Special Operations Team Specialties, shall be paid for each such specialty. The following Special Operation Team Specialty Pays are established: ~ecial Operation Teams: 2010 Hazardous Materials Team: Response Team Member $1,200 ~ecial Operation Teams: 2010 Tactical Rescue Team: Member $1,200 Swiftwater Rescue Team: Swiftwater Scuba Diver $1,200 Swiftwater Specialist $ 600 Switwater Technician $ 500 Team Leader for each Special Ops Team: Special Operation Teams $ 400 2010 South Bend Fire Department Salary Ordinance -Page 4 (c). Payment of Specialty Pays: All Specialty Pays shall be paid on a bi-weekly basis expect the following which shall be paid as indicated below: First Responder On or before December 15~' of each calendar year EMT On or before December 15~' of each calendar yeaz AEMT On or before December 15`" of each calendar year EMT-I On or before December 15~' of each calendar year Reserve Paramedic On or before December 15~' of each calendar year Special Operations Team Member On or before December 15~' of each calendar year Team Leader One-half (1/2) of or before June 15~' and the remaining One (1/2) on or before December 15a' of each calendar year Section IV. Recall of Duty Pay and Emergency Duty Pay: (a). In the event that a sworn member of the South Bend Fire Department is recalled for duty, and he or she reports for duty, he or she shall be paid at the rate of one and one-half (1 %Z) times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty (30) minutes shall constitute one (1) hour for purposes of this paragraph. (b). A sworn member of the South Bend Fire Department who works emergency duty shall be paid at the rate of one and one-half (1 '/Z) times the sworn member's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. (c). In the event a sworn member of the South Bend Fire Department is called to work emergency duty for extra-alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of South Bend Fire Department units for extra-alarm fires or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in a Collective Bargaining Agreement governing extra-duty or recall are not applicable. The Fire Chief or his or her authorized designee may specify which off-duty personnel with specialized skills, including but not limited to sworn members of the South Bend Fire Department's Hazardous Materials Response Team, Swiftwater Rescue Team, Tactical Rescue Team, or with needed medical specialties. Section V. Worlcin~ Out of Classification Pays. (a). If a sworn member of the South Bend Fire Department is temporarily assigned as a Battalion Chief, Captain, Paramedic, Lieutenant/Pazamedic, or Pump Engineer, that sworn member shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form, as verified by the officer of the rig or the Battalion Chief. 2010 South Bend Fire Deparhnent Salary Ordinance -Page 5 (b). If an AEMT is assigned to an ambulance, then that AEMT shall be paid while he or she is performing such duties at fifty percent (50%) of the rate of special pay for paramedics. (c). If an AEMTI is assigned to an ambulance, then that EMT-I shall be paid while performing such duties at seventy-five percent (75%) of the listed rate of special pay for paramedics. Section VI. Lon~eyity Pay: (a). The Common Council hereby establishes a longevity program for qualifying members of the South Bend Fire Department. (b) Qualifying sworn members of the South Bend Fire Department holding the rank of Engineer and above, who are employed by the South Bend Fire Department as of January 1, 2010 through the last pay period in December 2010 shall receive additional compensation in recognition of the cumulative service on the South Bend Fire Department. (SBFD). Such longevity pay shall be paid in a lump sum in the last payroll period in December 2010 and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be paid as follows: Cumulative Years on SBFD 5 to 9 years 10 to 14 years 15 to 16 20 years and above Section VII. Station Allowance. Commencement Date Amount Beginning the 6ih year $200 Beginning the l lih year $350 Beginning the 16th year $450 Beginning the 21St year $575 The South Bend Common Council shall budget a total monetary amount for aline-item station allowance which incorporates realignment so that the concerns of the smaller and older fire stations will be addressed and that minimum needed purchases can be made with proper approval. The two (2) firefighters assigned to Medic Station 12 and .who qualify shall continue to be entitled to a maximum allotment of $50 each. The amount per fire station shall be as follows from this line-item: Station # Effective 01-01-10 1 $ 2,850 2 $ 1,250 3 $ 1,250 4 $ 1,250 5 $ 850 6 $ 1,250 7 $ 1,250 8 $ 850 9 $ 850 10 $ 1,250 11 $ 1,250 2010 South Bend Fire Deparhnent Salary Ordinance -Page 6 Needed station purchases shall be approved by a majority vote of the assigned sworn members at each approved fire station and submitted by each House Captain for review, approval and purchase by the Fire Chief and the City Controller. Such monies may not be carried over from year to year and must be used by December 31St of each year. Section VIII. Clothin~/Uniform Allowance. (a). Clothing/Uniform Allowance shall be $795.00 in calendar year 2010. Clothing/LTniform Allowance shall be paid in four (4) equal payments payable on or about March 15th, June 15th, September 15th and December 15th of each calendar year. (b). Clothing/Uniform Allowance shall be pro-rated to the date of termination of employment for all qualifying sworn members of the South Bend Fire Department. Clothing/Uniform Allowance shall not be paid during an individual's first year of employment with the department as a Firefighter Third Class or Firefighter Recruit. Clothing/Uniform Allowance shall be pro-rated from a sworn -member's first anniversary date until the end of that calendar year. Section IX. Other Monetary Benefits. (a). Safety Officers: The regularly assigned Safety Officers shall receive, in addition to his or her base salary, the sum of $3,000 in year 2010. (b). 8-Hour Incentive Pav: An 8-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour work-week [not to include temporary duty assignments (TDB]. The sum of $1,154 shall be paid to such qualifying individuals in each of the calendar year 2010. (c). InspectorlInstructor Pay: Those Engineers who are qualified and regularly assigned [not to include temporary duty assignments (TDB] as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non-rank specialty pay as an Inspector or Instructor. (d). Shift Instructor Pav: Shift Instructors who are qualified and selected to teach on-duty in- house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized departmental instruction, shall be paid at the rate of ten dollars ($10.00) per hour up to a maximum of $1,500, with any teaching thereafter requiring the approval of the Fire Chief. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. (e). Pay for Other Instructors: Other instructors who are qualified and selected to teach specified on-duty in-house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, shall be paid at the rate of ten dollars ($10.00) per hour, upon the approval of the Fire Chief. Said hourly rate shall be paid over and above the qualifying individual's salary classification 2010 South Bend Fire Department Salary Ordinance -Page 7 and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. (f). Pay for Certified SCBA Repair Specialists: Those sworn members of the South Bend Fire Department who are qualified, certified and regularly assigned by the Fire Chief to perform self- contained breathing apparatus (SCBA) repairs, shall be paid at the rate often dollars ($10.00) per hour up to a maximum of $1,000 in any one calendar year. Any self-contained breathing apparatus repairs to be performed which exceed this maximum amount in any calendar year must be approved by the Fire Chief. Said hourly rate shall be paid over and above the sworn member's salary classification amount and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. (g). Critical Duty Day Stipend: The maximum Critical Duty Day Stipend for calendar year 2009 shall be two hundred four dollars ($204.00), which may be pro-rated for time actually worked at the rate of eight dollars fifty cents ($8.50). As an alternative, each sworn member of the South Bend Fire Department who is eligible for a Critical Duty Day stipend shall have the option of receiving one hundred two dollars ($102.00), plus a credit of a total of twelve (12) hours of compensatory time in the City's Compensatory Time Account, if the maximum hours under the compensatory time policy have not been reached. A decision as to which option under this paragraph is to be utilized must be made by the deadline for submitting payroll following the Critical Duty Day worked. Those sworn members who actually work overtime on a designated Critical Duty Day shall be entitled to the hourly Critical Duty Day Stipend on a pro-rated basis for hours worked. (h). Deferred Compensation: The City of South Bend, agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first one hundred dollars ($100.00) deferred by a sworn member of the South Bend Fire Department each calendar year, the City of South Bend will match said amount $0.50 on the dollar, and for the next three hundred dollars ($300.00) deferred by a sworn member of the South Bend Fire Department each calendar year, the City of South Bend will match said amount, dollar for dollar. (i). Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all members of the South Bend Fire Department in an amount of not less than twenty thousand dollars ($20,000). (j). Health Insurance: Each sworn member of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. The monthly contribution for health insurance coverage for active sworn members of the South Bend Fire Department for calendar year 2010 shall be at the same rate as those in calendar year 2009. 2009 South Bend Fire Department Salary Ordinance -Page 8 The monthly contribution for fire pensioners who are members of the South Bend Firefighters Association Local # 362, who retire after January 1, 1997, and who desire coverage from the City's self-funded insurance program for calendar year 2010 shall be at the same rate as those in calendar year 2009. Fire pensioners who are not members of South Bend Firefighters Association Local # 362 shall pay an additional fifty dollars ($50.00) per month over and such rates, subject to the obligations of Local #362 as may be further addressed in a Collective Bargaining Agreement currently in effect between the City of South Bend and Local # 362 to not unreasonably withhold membership, with said agreement remaining in effect for the 2010 calendar year, except as may be otherwise agreed by a Letter of Understanding. (k). Individual Flexible Spending Account: The City of South Bend shall discontinue the individual flexible spending account effective January 1, 2010. Section X. Education Tuition Reimbursement Program: (a). The South Bend Common Council agrees to continue the Education Tuition Reimbursement Program for the 2010 calendar year and budget monies for such program at an amount of fifty percent (50%) of the 2008 budgeted amount. The Council notes that this program initially became effective in the South Bend Fire Department on January 1, 2005. Qualifying sworn members of the South Bend Fire Department participating in the Education Tuition Reimbursement Program shall be entitled to the following maximum dollar amounts for course tuition and other expenses directly related thereto: Course Grade Earned Maximum Amount Reimbursed by City A 100% of tuition costs and other expenses directed related to said costs up to a maximum of $1,250 B 100% of tuition costs and other expenses directed related to said costs up to a maximum of $ 900 (b). Education tuition reimbursement shall be on a "first come, first serve basis", subject to the maximum dollar amount budgeted by the South Bend Common Council for said program in calendar year 2010. All Fire Department regulations governing such program must be complied with by qualifying sworn members of the South Bend Fire Department in order for an individual to be paid under this program. Section XI. Other Monetary Benefits Continued. The South Bend Common Council acknowledges that a Collective Bargaining Agreement between the Board of Public Safety and the South Bend Firefighter's Association Local No. 362 is still being negotiated and may include several Articles which may have monetary costs associated with them. The Council agrees to continue to budget for those expenses in 2010 so that such monetary benefits will not be diminished, unless otherwise agreed to in a proper Letter of Understanding. 2010 South Bend Fire Department Salary Ordinance -Page 9 Section XII. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section XIII. Effective Date: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Co tuber zello Health and P blic Safet Vice- Chairperson i Ne atin Fire Team Council Me ber avis, Jr. Health and Public Safety Committee Member City's Advisory Negotiating Fire Team J hn Vo rde, City Clerk ~'i(c~# (n ~(erk's Ofifiice S E P 2 8 2009 ~cr~n vccsr;e CITY CLriK, ~0. EcFtD, IN. ~~~r~~2te~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the ~~,~ day of September, 2009, at 3 '-0o o'clock ~. m. ~~~ Janice lboom, Deputy Clerk ~~6xaae,~Gan~Gl~ne~G by me on the day of September, 2009, at to o'clock--m. D Stephen . Lueck ~~~~-d~ Mayor of the City of South Bend, Indiana 1 st READING PUBLIC HEARING ', rd READING ;OT APPROVED EEERRED PASSED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 71-09 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole SpU Tg 8~ °~'~'''''''~'~''~~° City of South Bend ~ \ '~~ ~' J v~~~ ~~d \ ~\EACE/ Z ~ ~~. Aga Common Council 1865 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy" Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large September 28, 2009 Members of the South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov Re: Ordinance Establishing Maximum Salaries and Monetary Fringe Benefits for Sworn Members of the South Bend Fire Department for Calendar Year 2010 Dear Council Members: We are pleased to present the following ordinance for your consideration and approval. This ordinance is the result of many negotiating sessions between the City Advisory Negotiating Team and the Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CiO. The. tentative agreement reached between the teams last Thursday includes the following: • One (1) year agreement, for calendar year 2010 only • Freezes all salary amounts at 2009 levels, except those involved in rank restructuring • Freezes all other monetary fringe benefits at 2008 levels which were continued at such levels in 2009 • Eliminates the Individual Flexible Spending Account Program whereby each Firefighter had $500 contributed to an account if the Firefighter had been employed by the department as of October 1st of the previous year • Establishes new salary classifications: Third Class Firefighter (former Firefighter) and Second Class Firefighter thereby establishing the structure needed for atwo- phase rank restructuring program to take place in 2010 and 2011 • Increases the First Class Firefighter maximum salary to $47,150 which reflects the first phase of the rank re-structuring with the rank of Engineer anticipated to be eliminated in 2011 • Revamps the Station Allowance program from the current system whereby there is an allotment of $50.00 per sworn firefighter per station which is used for needed fire 2010 South Bend Fire Department Salary Ordinance September 28, 2009 Page 2 station purchases to a more equitable system or realigning the budgeted amount to address the concerns of the smaller and older fire stations Both negotiating teams have agreed to return to the bargaining table on October 8th to finalize the remaining language items. Significant progress has been made on the remaining items under discussion and consideration, and we are most hopeful that a new Collective Bargaining Agreement will be entered into and approved later by the Board of Public Safety. We believe that the interest-based labor negotiations utilized by the negotiating teams have fostered a positive atmosphere for this year's discussions. Both negotiating teams were focused on their primary issues, and both teams are very cognizant of the significant fiscal restraints. We request that you vote in favor of this ordinance. We believe that passage of this ordinance will be a significant step toward maintaining the South Bend Fire Department and its very dedicated firefighters as one of the best if not the best fire department in the Midwest. Thank you. Mos 'ncerely, emb ello, Vice-President Health and Public Safety Committee ity isory otiating Team Counc' Henry Davis, Jr. Health and Public Safety Committee Member City Advisory Negotiating Team Kathleen Cekanski-Farrand Council's Agent and Spokesperson City Advisory Negotiating Team Attachment ~c (~i~ICe Filed In Glerk .~ SEP 2 ~ 26C9 aet~~ Aso eE~o,1N. c~r+ cL~r~~c,