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HomeMy WebLinkAbout10042-10 Annual Salary- Police Officers Calendar Years 2011 & 2012ORDINANCE No. ,~<=,o Passed by the Common Council of the City of South Bend, Indiana September 30, 20 10 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 1, 10 20 Approved and signed by me October 6 , 20 10 ,~_ ~ ~~~~ ~~ City Clerk v ~~~~- - Mayior Ordinance No. ~ ~ 0 ~l Z- ~ ~ Substitute Bill No. 56-10 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 YEARS 2011 AND 2012 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 Police Department. On April 26, 2010, the South Bend Common Council adopted Resolution No. 4025-10 which appointed an agent/chief negotiator for the labor negotiations with the Police Negotiating Team representing the Fraternal Order of Police, Lodge No. 36. Since May 26, 2010, the City Advisory Negotiating Team for Police, whose membership included Health and Public Safety Committee Chairperson Karen L. White, Personnel and Finance Committee Chairperson Thomas LaFountain, City Attorney and Agent for the Board of Public Safety Charles Leone, Police Chief Darryl Boykins, Division Chief Jeff Walters, Division Chief Gary Horvath, and the Council's Agent/Chief Negotiator Kathleen Cekanski-Farrand has been meeting with the Police Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36 whose membership included FOP President David M. Beaty, Immediate Past FOP President Scott Ruszkowski,; FOP Vice-President Dan Moryl, Sgt. James Walsh, Detective Sgt. Eugene E. Eyster, Ricka A. Ruszkowski, Jim Taylor and Steve Noonan. 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. This ordinance completes rank restructuring and eliminates the rank of Corporal. The annual pay for sworn member for calendar year 2011 remain frozen at 2009 levels, with annual pay in 2012 reflecting a 2% increase. 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. ~aag ~~e~=n~dxc, lie ~l ~~~a~~te~~l~ t1e ~oa~t~~roar, ~au~zcr;~o~t~e ~~ir~ a~~au~ ~e.~ac~ ~ratu~tcc, as follows: Section I. Reeo~nition. The South Bend Common Council recognizes the Police Negotiating Team which represents the Fraternal Order of Police 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 are governed by Indiana Code § 36-8-1-12. 2011 & 2012 South Bend Police Department Salary Ordinance Page 2 Section II. Annual Pays and Lateral Entry. (a) Annual Pav for Sworn Members of the South Bend Police Department: Maximum annual pay for all of the sworn members of the South Bend Police Department, including upper level policy making positions as defined by Indiana Code § 36-8-1-12, for calendar years 2011 and 2012 shall be established as follows: Rank 2011 2012 Police Chief $ 78,621 $ 80,193 Division Chiefs $ 72,112 $ 73,554 Captains $ 62,232 $ 63,477 Lieutenants $ 53,633 $ 54,706 Sergeants $ 51,632 $ 52,665 1St Class Patrolman $ 49,563 $ 50,554 2nd Class Patrolman $ 44,453 $ 45,342 3rd Class Patrolman $ 41,500 $ 42,330 Recognizing the Board of Public Safety's role, as set forth in the Indiana Code § 36-8-3-3, the South Bend Common Council acknowledges that the provisions of Board of Public Safety Resolution No. 61-2009, which was adopted on December 16, 2009, shall apply to all other police department rank restructuring and reorganization matters. ~ (b) Lateral Entry: The Common Council continues to authorize 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 police department. 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 2011 and 2012 calendar years. (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 'h) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. ' A copy of Board of Public Safety Resolution No. 61-2009 is on file in the Office of the City Clerk for informational purposes. 2011 & 2012 South Bend Police Department Salary Ordinance Page 3 (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 seven (7) critical duty days established by the Board of Public Safety by proper Board Resolutions for calendar years 2011 and 2012. 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: Type of Detail 2011 2012 Afternoons $ 850 $ 850 Detective Bureau (nights) $ 850 $ 850 Midnights $1,450 $1,450 Half Shift Detail $ 425 $ 425 Street Crimes (formerly NEST) $ 425 $ 425 (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: T}~e of Detail 2011 2012 Afternoons $ 950 $ 950 8 years or more of service or rank above 1 S` Class Patrolman Midnights $1,200 $1,200 8 years or more of service or rank above 15` Class Patrolman (g) ~ecial Duty Pam: 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 2011 2012 Street Crimes (formerly NEST) $ 850 $ 850 SOS $1,100 $1,100 K-9 Unit $1,100 $1,100 SWAT $1,100 $1,100 Bomb Technician $1,100 $1,100 Hostage Negotiator $700 $700 Uniform Crime Scene Technician $400 $400 Uniform Sergeant Pro-Pay $400 $400 Rapid Response (CUT) $400 $400 Diagramers $350 $400 2011 & 2012 South Bend Police Department Salary Ordinance Page 4 (h) Detective Classification Pay: 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 2011 and 2012. 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 Pro-Pay: A qualified 1 S` Class Patrolman, who is assigned to be an Investigator on a continuing basis, shall be paid at a rate equivalent to the pay of a Sergeant. (j) Field Training Officer (FTO Pay: 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: 2011 2012 $1,300 $1,400 (1) Longevity: Qualifying officers and sworn members holding the rank of ls` Class Patrolman and above, shall receive additional compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pay shall be paid at the following amounts in 2011 and 2012. Said longevity pay shall be paid with regular payroll and shall be as follows: Cumulative Years of Service on SBPD 10-14 years 15-19 years 20 years and over Commencement Date Amount Beginning in the 11`" year $ 500 Beginning in the 16`" year $1,000 Beginning in the 21S` year $1,500 (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. Tuition reimbursement shall be limited to a maximum reimbursement amount of $2,500 per calendar year to an individual qualifying officer and/or sworn member of the South Bend Police Department All governing regulations must be complied with by each qualifying officer or sworn member in order to be paid any tuition reimbursement. 2011 & 2012 South Bend Police Department Salary Ordinance Page 5 (n) Voluntary Physical Fitness Program: The South Bend Police Department is authorized to implement a voluntary Physical Fitness Program in 2011 and 2012, which may have the potential of any officer and/or sworn member of the department who qualifies under the governing policies and procedures implemented by the department to earn up to a maximum of one (1) personal day per calendar year. Such personal day(s) earned may not be used, if such usage results in overtime costs to the city. (o) On-Call Duty Pam: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty 00/100 dollars ($650.00) per category for calendar years 2011 and 2012 which 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. Said On- Call Duty Pay 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 Sex Offense Investigator Traffic On-Call Duty Officer (p) Life Insurance: The City of South Bend shall continue to provide term life insurance coverage on all sworn members and upper level policy making position members of the South Bend Police Department. Said amount shall not be less than twenty thousand dollars ($20,000) in 2011; with the City Administration exploring the possibility of increasing the amount to approximately one (1) times the base salary for that sworn member or upper level policy making position sometime thereafter. (q). Health Insurance: Each active 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 premium cost per pay period for each participating sworn member and officer of the South Bend Police Department, who has met the eligibility requirements for participating in the insurance wellness program, shall be as follows for calendar year 2011: Sworn member or Officer $20.76 Sworn member or Officer + Spouse $54.72 Sworn member or Officer + Children $41.10 Sworn member or Officer + Spouse + Children $60.18 with those sworn member(s) and/or upper level policy making position member(s) of the South Bend Police Department who elect to not participate in the insurance wellness program paying higher premium rates. The per pay premium costs for health insurance coverage for active sworn members and officers of the South Bend Police Department for calendar year 2012 shall be no greater than the contribution of 2011 & 2012 South Bend Police Department Salary Ordinance Page 6 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 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 years 2011 and 2012, shall be at the same rate as those in calendar year 2010. 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 entered into with the Board of Public Safety. 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. , Member Karen L. White Health and Public Safety Chairperson City Advi otia ' g T m e er for Police Negotiations --~ ~unctl ember T omas LaFountain Personnel and Finance Chairperson City Advisory Negotiating Team Member for Police Negotiations /~~/: Sew Jo n Vo de, City Clerk ~r~,~~rlecLby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the ~s~ day ofS~r, 2010, at to='~~o'clock g. m. O . ,~~_~ Janic alboom, Deputy Clerk 2011 & 2012 South Bend Police Department Salary Ordinance Page 7 ~y G'~fi~t,u ~i>~c~Pl/2>r~~~/~r~~ by me on the ~' day of~eptemlrer, 2010, at ~ o'clock. m. Stephen J. Lueck ~r Mayor of the City of South Bend, Indiana 1 st READING ~ ~ ~ 3 - ~ 0 PUBLIC HEARING ,3p~~0 ~S Su~S~-.~;~4.{,~ 3 rd READING `l~3 ~~p @S Sk-(o5~v~tu~ 9-tl NOT APPROVED REFERRED i 11~ PASSED ~,-3o-t,p - Q.S ,st~..b S-Y~,~t~Jl ~1 Fc9~~ I~ ~1Hrk'~ ~~~~~e SEP 3 0 2010 J?till VDJFt1E CtT4' C3 LRK, SO. HtiD, IH TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 56-10 A BILL 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 YEARS 2011 AND 2012 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 as substituted. Ann Puzzello Chairperson, Committee of the Whole a ~s~U~ 1~~8~~d ~% x City of South Bend ~ \~~~ ,/ ~ ~\EACE/~ ~+~' ~~ : a 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 September 30, 2010 Members of the South Bend Common Council 4`" Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov Re: Substitute Bill No. 56-10 Establishing Maximum Annual Pay and Other Monetary Fringe Benefits for the South Bend Police Department Dear Council Members: Henry Davis, Jr. Second District On behalf of the City Advisory Negotiating Team for Police, we are very pleased to recommend the attached Substitute Bill No. 56-10 for your review, comment and Thomas LaFountain Third District passage. Ann Puzzello On Wednesday, September 22, 2010, the FOP Negotiating Team and the negotiating Fourth District team representing the City of South Bend reached a tentative agreement. This tentative agreement was the result of many hours of negotiations and meetings which began on David Varner May 26`" with an insurance update. The tentative agreement complies with the Fifth District guidelines established by the Common Council, City Administration and Police Administration. Oliver J. Davis Sixth District The attached proposed ordinance incorporates all of the terms and conditions which Al "Buddy" Kirsits were tentatively agreed to last week. We are very pleased to inform you that the entire At Large 2-year wage/benefit/working conditions package was officially ratified by the rank and file members of Fraternal Order of Police, Lodge No. 36, by a vote of 124 to 17. Timothy A. Rouse At Large In summary, the salary and monetary fringe benefit package provides for the following: Karen L. White • Two (2) year agreement for calendar year 2011 and 2012 At Large • Would implement Phase II of rank restructuring which would become effective on 01-01-11 and would eliminate the current rank of Corporal • Would continue to freeze salaries at 2009 levels in 2011, except for a rank compression adjustment for Sergeants and any qualified officers assigned to be an Investigator on a continuing basis • Recommends a 2% base salary across the board increase effective 01-01-12 Substitute Bil] No. 56-10 2011 & 2012 SBPb Maximum Salary/Monetary Fringe Benefit Ordinance September 29, 2010 Page 2 Would authorize a VOLUNTARY Physical Fitness Program in 2011 and 2012 • Would amend Health Insurance provisions to be consistent with other City Employees • Would make modest adjustments recommended by the Police Administration which are believed to be in the best interest of the South Bend Police Department Negotiations and the tentative agreement also resulted in proposed changes to five (5) Articles of the current Working Agreement. These articles [Article 15 Court Time Pay; Article 21 Personal Days; Article 30 Workweek; Article 33 Drug Free Workplace; and Article 35 Duration of Working Agreement] will be formally acted upon by the Board of Public Safety at a later date. We would like to thank all individuals who have contributed their time and talents to the negotiating process. Despite many challenges, the respective negotiating teams bargained in good faith and dedicated their efforts to a fair and affordable total package. We ask for your support in the passage of Substitute Bill No. 56-10. Thank you. Most sincerely, Council Member Karen L. White Health a lic Safety airperson City d Team Member for Police Negotiations ounci r Thomas LaFountain Personnel and Finance Chairperson City Advisory Negotiating Team Member for Police Negotiations -~~ Cam( -~- ~\ Kathleen Cekanski-Farrand, Council's Agent City Advisory Negotiating Team Member for Police Negotiations Attachment cc: Office of the City Clerk Mayor Stephen Luecke Darryl Boykins, Chief of Police Jeff Walter, Uniform Division Chief Gary Horvath, Services Division Chief Donald Pinkert, Director of Financial Services Gregg Zientara, City Controller Charles S. Leone, Board of Public Safety Agent Find In C6rr~'~ C3~f'l~e SEP 3 0 2010 Juiiil !'Ou?1~E CITY CLEiIr, 80.6vPi?, IN.