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Home My WebLink AboutAppointing an Agent/Negotiator to Represent the Common Council and Addressing 2010 Police Department, Fire Department and Teamster Labor NegotiationsRES®LUTIOIV 4025-10 Passed by the Common Council of the City of South Bend, Indiana April 26, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 27, 20 10 20 10 Approved and signed by me Ap r i 1 2 7 , 2010 . City Clerk 7 ~- ~' , ~' ~azS-~~ 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 THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2010 POLICE DEPARTMENT, FIRE DEPARTMENT AND TEAMSTER LABOR NEGOTIATIONS "2~~~, 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 "~~~Q., 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 "fib, 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 "~~ad, the Common Council received a letter from the Vice-President of the South Bend Firefighter's Association Local 362, and anticipate similar requests from representatives of the Fraternal Order of Police, South Bend Lodge No. 36, and Teamsters Local Union No. 364, with each union requesting to begin labor negotiations; and "~-, 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 the Teamsters; and "~~-, 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 for police and fire negotiations; would work with the Board of Public Works' Agent and City Negotiating Team for Teamster negotiations; and provide regular 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 `21~~~, the City Advisory Negotiating Teams shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and "~h, the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations. 2010 Fire, Police and Teamster Negotiations Resolution Page 2 ~~, cT~~, / cl~xeao~iuec~, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO; with the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36; and for the upcoming labor negotiations with the Teamsters Negotiating Team representing the city employees who are members of Teamsters Local Union No. 364. Mrs. Cekanski-Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which have a fiscal and/or budgetary impact with regard to the police and fire negotiations; and shall act in an advisory capacity for the Teamsters negotiations to the City Negotiating Team. Section II. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council's Agent shall work closely with the persons appointed to the City Advisory Negotiating Team and shall coordinate and work closely with the Board of Public Safety's Agent and Chief Negotiator throughout the upcoming negotiations. The Council's Agent shall provide assistance to the City's Chief Negotiator and City Team for Tea~xt~~ters~~otiations. Section III. This shall be in full force by the Mayor. Henry ., 3 A.l~ox[se, At L. White, At Large ~ c4. yo` Varner, 5 District ,200. John Vborde, City Clerk .~,~;,.. ~- Z~-~-~ ((~~ (n C(erk'~ Q~f(~ APR 1 5 2010 JOilN VOORDE C(TYCLERK, S0. EENO, fN. its adoption by the Al "Buddy" ~[.s..~.G~.c-P ~ len J. Lu~,l~e, Mayor of South Bend, Indiana TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2010 POLICE DEPARTMENT, FIRE DEPARTMENT AND TEAMSTER LABOR NEGOTIATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the ful{ Council with a favorable recommendation with the following recommendation. Ann Puzzello Chairperson, Committee of the Whole ~ SpU TIi B~~ p\ ~~~I~~I~I~~/~, ,p ,~ ~ ~! ~ City of South Bend \\ \ P~A~CE ~~ ~ ~ -~ a ~~ ~' "''~ ~ z Common Council x 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 April 15, 2010 Members of the South Bend Common Council 4th Floor County-City Building South Bend, 1N 46601 (574} 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov Re: Resolution to Appoint Council's Agent & Chief Negotiator for the 2010 Police, Fire and Teamsters Labor Negotiations Dear Council Members: This a negotiating year with the negotiating teams representing the sworn members of the South Bend Police Department represented by the Fraternal Order of Police, Lodge No. 36; sworn members the South Bend Fire Department represented by the South Bend Firefighter's Association, Local 362 of the International Association of Firefighters; and the city employees who are represented by Teamsters Local Union No. 364. The attached resolution would appoint the Council's Agent and Chief Negotiator for these negotiations, under the governing Indiana state law. Last year the Council successfully implemented a team of two (2) Council Members for police negotiations and a separate team of two (2) Council Members for fire negotiations. This concept was received positively and I would anticipate a similar approach this year, with the addition of a team of volunteer Council Members for Teamster negotiations. All such Council Members would work closely with the Council's Agent and Chief Negotiator, and in turn with the individuals chosen by the City Administration for each team. In light of the three (3) upcoming negotiations, I recommend that this Resolution be referred to the Council's Health and Public Safety Committee and the Council's Personnel and Finance Committee for discussion. I seek your favorable support. Thank you. Most sincerely, Derek D. Diet ~ • Council President Attachment Filed In Cler~'e ®1;tce ApR 1 5 2010 ~oKr~ v$o Ra~rifl, trl. CRY CLERK,