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HomeMy WebLinkAbout9967-09 Fixing the annual pay Police officers of the Police Department year 2010ORDINANCE No. sss~os Passed by the Common Council of the City of South Bend, Indiana September 30, 20 09 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 30 2009 JOHN City Clerk Approved and signed by me September 30 Zp '~GJ ~cf-~ r~`~---__ Mme' Ordinance No. ~ ~ ~° ~ -O~ Bill No. 70-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE 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 30~' the annual compensation of all members of the South Bend Police Department. On June 8, 2009, the South Bend Common Council unanimously adopted Resolution No. 3973-09 which appointed anagent/negotiator to represent the Common Council for the labor negotiations with the Police Negotiating Team representing the Fraternal Order of Police, Lodge No. 36. For the past several weeks, the City's Advisory Negotiating Team whose membership included Personnel and Finance Committee Chairperson Thomas LaFountain, Health and Public Safety Committee Chairperson Karen L. White, Police Chief Darryl Boykins, Division Chief Jeff Walters, Division Chief Gary Horvath, City Attorney and Agent for the Board of Public Safety Charles Leone, and the Council's Agent/Negotiator Kathleen Cekanski-Farrand has been meeting with the members of the Police Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36. The City Advisory Negotiating Team and the Police Negotiating Team reached a tentative agreement on Friday, September 25, 2009, regarding a 1-year salary and monetary fringe benefit package for the 2010 calendar year. The tentative agreement includes the implementation of the first phase of rank re-structuring whereby the current "Entry Level Officer" will be renamed "31a Class Police Officer" and a new " 2°d Class Police Officer", with both of these new titles being created as part of the salary classification listing. Police officers 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 Corporal rank, with this being the second phase of the rank re-structuring concept. 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 Police Administration. In light of the informational meetings and ratification process currently under way by the FOP, formal action on this ordinance by the Common Council will not take place until September 30, 2009, at a Special Council meeting called solely for that purpose. The ordinance is believed to be in the best interests of the South Bend Police Department, and the best interests of the City of South Bend, Indiana; so that public safety will continue to be a top priority, in light of the very challenging fiscal times facing the city. 2010 South Bend Police Department Salary Ordinance Page 2 C~/Yo~, ~~.~~~e, lie rtoa~aa,~ir~~ ~ie ~poa~un2oa2 ~pateirtci,La~~ze ~pr,~ a~~iic~ ~c e~ C~na%airc~, as follows: Section I. Recognition. The South Bend Common Council recognizes the Police Negotiating Team which represents the Fraternal Order of Police, Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department, for purposes of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance, excepting the Police Chief, Division Chiefs and Captains who aze governed by Indiana Code § 36-8-1-12. Section II. Annual Pays and Lateral Entry. (a) Annual Pay for Sworn Members of the South Bend Police Department: Maximum annual pay for the sworn members of the South Bend Police Department for calendar yeazs 2010 shall be as follows: Rank 2009 2010 Police Chief $ 78,621 $ 78,621 Division Chiefs $ 72,112 $ 72,112 Captains $ 62,232 $ 62,232 Lieutenants $ 53,633 $ 53,633 Sergeants $ 51,432 $ 51,432 Corporals $ 49,563 $ 49,563 1St Class Police Officer $ 44,453 $47,453 2id Class Police Officer $44,453 3`d Class Police Officer $41,500 Recognizing the Board of Public Safety's role, the Common Council believes that sworn members of the South Bend Police 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 Police Department aze determined to be qualified by the Boazd of Public Safety. (b) Annual Pay for Entry Level Officer: The 3`d Class Police Officer shall be what was formally referred to as the prior salary for an "Entry Level Officer". (c) Lateral Entrv: The Common Council authorizes the South Bend Police Department to offer between $1,000 to a maximum of $3,500 as a one-time bonus to any individual found to be eligible and qualified to be a candidate on the South Bend Police Department who has the requisite law enforcement experience and certification(s) for such a lateral entry onto the department. 2010 South Bend Police Department Salary Ordinance Page 3 Section III. Additional Areas of Compensation. (a). Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in the 2010 calendar year. (b). Court Time Pav: If an officer or sworn member of the South Bend Police Department is subpoenaed to court or is ordered to appear at any given location to validate a complaint or warrant, and if that officer or sworn member is off-duty, that officer or sworn member shall be paid overtime. Such court time pay shall be paid at the overtime rate of pay. Such officer or sworn member shall receive a minimum of four (4) hours of pay for appearing on his or her scheduled day off; and a minimum of two (2) hours of pay for appearing when off-duty on a regular scheduled workday. (c) Overtime Pav: If a sworn member is required to remain on duty in excess of the regularly scheduled workday, he or she shall be entitled to overtime pay. Such sworn member shall be paid at the rate of one and one-half (1 %) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. (d) Critical Duty Day Pay Stipend: A critical duty day pay stipend is established in the amount of one hundred fifty and 00/100 dollars ($150.00). There shall be six (6) critical duty days established by the Board of Public Safety by proper Board Resolutions for calendar year 2010. Officers or sworn members assigned to Family Violence/Special Victim's Unit, County Metro Homicide or the South Bend Community School Corporation, shall, while so assigned, shall not be eligible for the critical duty day pay stipend, while working as a part of his or her regular duty assignments. (e) Shift Premium Pays: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Tvpe of Detail 2010 Afternoons $800 Detective Bureau (nights) $800 Midnights $1,350 Half Shift Detail $400 NEST $400 (f) Seniority-Shift Incentive Premium Pam: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2010 Afternoons $950 8 years or more of service or rank above corporal 2010 South Bend Police Department Salary Ordinance Page 4 Midnights $1,200 8 years or more of service or rank above corporal (~) Special Dut~Pays: An officer or sworn member who is qualified and scheduled to work in special hazardous duty and/or highly specialized areas of service, shall be entitled to receive special duty pay for such assigned and designated specialties: Type of Special Duty 2010 NEST $750 SOS Undercover $5,000 SOS $1,000 K-9 Unit $1,000 SWAT $1,000 Bomb Technician $1,000 Hostage Negotiator $650 Uniform Crime Scene Technician $350 Uniform Sergeant Pro-Pay $350 Rapid Response (CUT) $350 (h) Detective Classification Pav: A qualifying sworn member within the pay classification of Sergeant who has been assigned to be an Investigator on a continuing basis and who began receiving pay under a previous salary ordinance for such work as an Investigator in the Investigative Division is considered grandfathered. Such qualifying Sergeant shall continue to receive an additional annual pay in the total amount of six hundred sixty three and 00/100 dollars ($663.00) in calendar year 2010. Said pay shall be paid on a divisible amount which is paid on a bi-weekly basis. Said pay shall be prorated in any year a qualifying Sergeant retires, resigns or otherwise leaves employment. (i) Investigator Corporal Pro-Pav: A qualified Corporal who is assigned to be an Investigator on a continuing basis shall be paid at a rate equivalent to the base pay of a Sergeant. (j) Field Training Officer (FTO) PaX: A qualified Field Training Officer (FTO) shall be entitled to forty and 00/100 dollars ($40.00) per day for each day which such person is qualified, assigned and performs field training activities with new recruits. (k) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts. One-fourth (1/4) of the annual sums listed shall be paid each calendar quarter: 2010 $1,200 (1) Lon evity Pay: Qualifying officers and sworn members holding the rank of Corporal and above, shall receive additional compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pay shall be paid bi-weekly at the following maximum 2010 South Bend Police Department Salary Ordinance Page 5 amounts in 2010 to qualifying officers. Longevity pay shall not be attributed to the annual salary base for pension purposes. Cumulative Years of Service on SBPD Commencement Date Amount 10-14 years Beginning in the l lth year $450 15-19 years Beginning in the 16th year $675 20 years and over Beginning in the 21St year $1,225 (m) Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police Department who participate in the tuition reimbursement program shall be entitled to the following maximum dollar amount for approved course tuition: Course Grade Maximum Amount Reimbursed by the City of South Bend A 100% of tuition costs only up to a maximum of $1,500 B 75% of tuition costs only up to a maximum of $1,000 C 50% of tuition costs only up to a maximum of $500 Tuition reimbursement shall be on a "first come, first serve" basis only up to the maximum amount budgeted for such purposes for a particular calendar year by the Council. All governing regulations must be complied with by a qualifying officer or sworn member in order to be paid any tuition reimbursement. (n) The Operation Safe Neighborhood Reimbursement program was terminated effective December 31, 2008. (o) On-Call Dut~Pays: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty 00/100 dollars ($650.00) per category for calendar year 2010 and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to frequency of assigned on-call days in the respective category and shall be paid on a quarterly basis. The On-Call Duty Pay categories are as follows: Arson Investigator County Metro Homicide Investigator Investigative Division On-Call Duty Officer County Metro Homicide Technician Major Crimes Investigator Family Violence/Special Victim's Unit Major Crimes Technician Traffic On-Call Diagramer Public Information Officer Traffic On-Call Duty Officer (p) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all members of the South Bend Police Department in an amount of not less than twenty thousand dollars ($20,000). 2010 South Bend Police Department Salary Ordinance Page 6 (q). Health Insurance: Each sworn member and officer of the South Bend Police 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 and officers of the South Bend Police Department for calendar year 2010 shall be at the same rate as those in calendar year 2009. The monthly contribution for police pensioners who are members of the Fraternal Order of Police, Lodge No. 36 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. Retired police officers who are not members of the Fraternal Order of Police South Bend Lodge No. 36 shall pay an additional $50.00 per month, as maybe further addressed in a letter of agreement. (r). Individual Flexible Spending Account: The City of South Bend shall discontinue the individual flexible spending account effective January 1, 2010. Section IV. 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 V. 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. Council Member Karen L. White Health and Public Safety Chairpers City AdvisoJ~~~go~iat}~g„Te~;crr~er Cdtfncil ~mber 'P~mas LaFountain Personnel and Finance Chairperson City Advisory Negotiating Team Member 2010 South Bend Police Department Salary Ordinance Page 7 Jo Vo de, City Clerk ~~~~~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of September, 2009, at S '~`~ o'clock. m. Janice Ta doom, Deputy Clerk Zb o'clock ~r . >~xaae~La~zd6i~necG by me on the ~ day of September, 2009, at m. D Stephen J. Luec Mayor of the City of South Bend, Indiana 1st READING ~~l,~v~~ PUBLIC HEARING 3 rd READING NOT APPROVI~ REFERRED PASSED .... SEP ~ 0 ~~J9 n~t~,r ,Ar l.r Si:i1~e ~J~._w:5i CITY CLr.I;, ~~. 3':V!D, ItJ. ~ SpU TH 8~~ \~,~ ~% ~ City of South Bend w ~. ~~~E/~ a • ~~ ~~a~ Common Council 1865 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1$30 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 30, 2009 Members of the Common Council 4th Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http:/lwww southbendin.gov Re: Bill No. 70-09 Ordinance Establishing Maximum Salaries and Monetary Fringe Benefits for Sworn Members of the South Bend Police Department for Calendar Year 2010 Dear Council Members: Late last Friday afternoon, the City Advisory Negotiating Team and the Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36 reached a tentative agreement on monetary and non-monetary matters for the 2010 calendar year. This tentative agreement is the result of several weeks of negotiating between the teams and several sub-committee meetings. The attached ordinance sets forth the proposed ordinance which would establish the maximum salaries and monetary fringe benefit amounts for sworn members of the South Bend Police Department. The main items of the tentative agreement are summarized as follows: • One (1) year agreement, for calendar year 2010 only • Freezes all salary amounts at 2009 levels, except those salary classifications involved in departmental rank re-structuring • Freezes all other monetary fringe benefits at 20091evels • Eliminates the Individual Flexible Spending Account Program whereby each Police Officer had $500 contributed to an account if the Police Officer had been employed by the department as of October 1st of the previous year 2010 South Bend Police Department Salary Ordinance September 30, 2009 Page 2 • Establishes new salary classifications: 3rd Class Police Officer (former "Entry Level Officer") and 2nd Class Police Officer thereby establishing the structure needed for atwo-phase rank restructuring program to take place in 2010 and 2011 • Increases the 1St Class Police Officer maximum salary to $47,453 which reflects the first phase of the rank re-structuring with the City making its best efforts to eliminate the rank of Corporal in 2011 The final language which will be incorporated into a new 1-year Collective Bargaining Agreement is currently being finalized and will be acted upon separately by the Board of Public Safety. We believe that the tentative agreement is based on the trust and confidence which the respective teams earned as a part of the negotiating process. We urge you to vote in favor of this ordinance. By doing so, the South Bend Police Department will be able to continue to faithfully serve and protect the citizens of South Bend. Thank you. Most sincerely, ~~~~ Council Member Karen L. White, Chairperson Health and lic Safet% ittee City A ~ #~!~ eam Member ~oun~/1Vlembe"r Thomas LaFountain, Chairperson Personnel and Finance Committee City //A// dvisory Negotiating Team Member ~~~ i~~ Kathleen Cekanski-Farrand Council's Agent and Spokesperson City Advisory Negotiating Team Member Attachment Filed In Clerk's C~~fiee SEP 3 0 2009 JO;iM VOORDE CITY CLERK, S0. BENO, IN.