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HomeMy WebLinkAbout9646-05 Technical Amendments which clarify various provisions of Ordinance 9621-06 - Addressing Police Dept for 2006, 2007, 2008ORDINANCE No. 9646-05 Passed by the Common Council of the City of South Bend, Indiana December 12, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana December 13, 05 20 City Clerk President of Common Council City Clerk Approved and signed by me December 13 20 ~_ 20 05 ,~ /j ~~-- ~.~-~---- Mme' Ordinance No. ~ ~0~~'~~ Substitute Bill No. 90-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAHING TECHNICAL AMENDMENTS WHICH CLARIFY VARIOUS PROVISIONS OF ORDINANCE NO. 9621-OS ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2006, 2007 AND 2008 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance No. 9621-OS on September 19, 2005. That ordinance addressed the annual pay and monetary fringe benefits of police officers of the South Bend Police Department for calendar years 2006, 2007, 2008. The monetary amounts included in that ordinance were ratified by the Fraternal Order of Police, Lodge No. 36 by a vote of 86 to 46 after three days of voting. The Council's Health and Public Safety Committee and the Council's Personnel and Finance Committee held public hearings on the draft ordinance and sent it to the Common Council with a favorable recommendation prior to its passage. Since the passage of Ordinance No. 9621-05, it has come to the Common Council's attention that clarification of the provisions in that ordinance addressing Shift Premium Pays are needed. Proposed changes were discussed by members of the respective negotiating teams representing the City of South Bend and the Fraternal Order of Police, Lodge No. 36 on November 17, 2005, November 30, 2005 and on December 6, 2005. The substitute version deletes the dollar amounts previously listed for NEST under "Types of Duty" and addresses NEST pay in the paragraph where K-9 pay is addressed. It also provides a mechanism to make adjustments to programs which will facilitate sick leave and retirement attendance incentives. The following ordinance is believed to be necessary for clarification purposes and is believed to be in the best interests of the City of South Bend, Indiana. C%i'acca, ~~y~~e, ~ie i,C- a~iziine~ ~ lfie ~aonma~a ~au~c~~ c~'tLie ~i~~ a~C~au~~ ~/ e~~! C~n.~icana, as follows.• Section I. Section III, ¶ (e) of Ordinance No. 9621-OS shall be revised to read in its entirety as follows: (e) Shift Premium Pays: Only those officers or sworn members scheduled to work Uniform Afternoons, Uniform Midnights, NEST, Detective Bureau afternoons, MSOS Afternoons, and K-9 and actually work such detail shall be entitled to the following shift premium pays for such work: Substitute Bill No. 90-OS Technical Amendments Ordinance to Ord. No. 9621-OS Page 2 Type of Detail 2006 2007 2008 Uniform Afternoons $600 $650 $700 Detective Bureau Afternoons $600 $650 $700 Uniform Midnights $1,000 $1,125 $1,250 MSOS Afternoon $600 $650 $700 K-9 and NEST shift premium pay will be calculated proportionately to the overlapping hours and pay of the appropriate shifts worked. Half Shift Detail pay will be calculated in one-half (1/2) increments of the listed sums for a complete shift, for any detail so scheduled and worked. Section II. Section III, ¶ (g) of Ordinance No. 9621-OS shall be revised to read in its entirety as follows: (g) Special 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 2006 2007 2008 NEST $750 $750 $750 SOS Undercover $5,000 $5,000 $5,000 SOS $1,000 $1,000 $1,000 K-9 Unit $1,000 $1,000 $1,000 SWAT $1,000 $1,000 $1,000 Bomb Technician $1,000 $1,000 $1,000 Hostage Negotiator $650 $650 $650 Uniform Crime Scene Technician $350 $350 $350 Uniform Supervisor Pro-Pay $350 $350 $350 Rapid Response $350 $350 $350 Section III. Section III, ¶ (i) of Ordinance No. 9621-OS shall be revised to read in its entirety as follows: (i) Investigative Corporal Pro-Pay: 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. Substitute Bill No. 90-OS Technical Amendments Ordinance to Ord. No. 9621-OS Page 3 Section IV. Section III of Ordinance No. 9621-OS shall be revised by the insertion of new paragraph {p) which shall read in its entirety as follows: {p) The Common Council acknowledges that the city currently has in effect policies which address "sick leave" (addressed in Article 11 of the Working Agreement) and "retirement sick leave buy-back" (addressed in Article 22 of the Working Agreement). The City believes that the language governing such programs should be revised to provide greater incentives for the police officers to participate in such programs, which are believed to also promote officer safety. Accordingly, the Council authorizes a sick leave incentive program which provides financial incentives on a quarterly and annual basis for qualifying officers as follows: $200 per quarter, maximum, plus $500 per year, maximum. Further, qualifying officers retiring from the City shall be entitled to a Retirement Sick Leave Incentive as follows: 2006: $5,300.00; 2007: $5,500.00; 2008: $5,700.00, maximum. These incentive programs replace the current Sick Leave Buy-Back Program and should result in a decrease in the South Bend Police Department's overtime budget for 2006, and therefore the City Administration is instructed to file an appropriate ordinance in January 2006 addressing that reduction. Section V. All other Sections and paragraphs of Ordinance No. 9621-OS are hereby reaffirmed and shall be implemented as provided for in Ordinance No. 9621-05. Section VI. 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 VII. Effective Date: Except for Section IV, this ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. The effectiveness of Section IV of this Ordinance is further conditioned upon ratification of the 2006 - 2008 Working Agreement by FOP Lodge 36 and approval of the Agreement by the Board of Public Safety. ~~~ Council Member Roland Kelly Personnel and Finance Chairperson City's Advisory Negotiating Team Substitute Bill No. 90-OS Technical Amendments Ordinance to Ord. No. 9621-OS Page 4 Cou cil Member Karen L. White Health and Public Safety Chairperson Cit~-~ldvisory Negotiating Team ~lottf'icil Member Ar~f ~'uzzello City's Advisory Negotiating Team Council Member Eri6in Kuspa City's Advisory Negotiating Team John Voo de, City Clerk ,. ~. ~~eQ~l~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the ~ 3ati.day of ~Q.ee_,M ~e,Y , 2005, at i `,S© o'clock '~. m. Janice Talbcio'ln, Deputy Clerk tz ~f~~~o~ecL a~2c~~c~necL by me on the /3 day of ~-~-c-1~. ~-~-~.- , 2005, at ~° o'clock. m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 st READING ~ `~ L~" ~~~ ' PUBLIC HEARING (Z-1 L'~ ~ ~•~ ~~.~~~t~~.~E -~c.~.~;'~' 3rd READING lZ-~L -it S"" Gt. ~ .~at.f~S~~•,.~r.s.,:~t'~.t' 1tiOT APPROVED ~EEE2RED ~ ~ PASSED (-L-li. wS-.. ~t• ~ ~ u:~~~ ~,~..~ ~ Filed in Cterk's Office DEC ~ 2 2005 JQ~t! VOGRD~' _ CI't1[ CLERIC, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 90-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING TECHNICAL AMENDMENTS WHICH CLARIFY VARIOUS PROVISIONS OF ORDINANCE NO. 9621-05 ADDRESSING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2006, 2007 AND 2008 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 (see cover letter) Roland Kelly Chairman 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY The South Bend Common Council 4~h Floor County-City Building South Bend, Indiana 46601 ALADEAN M. DEROSE CHIEF ASSISTANT CITYATTORNEY December 12, 2005 Re: Technical Amendment Ordinance To Ordinance No. 9621-05, Addressing the Annual Pay and Monetary Fringe Benefits of Police Officers of the South Bend Police Department for Calendar Years 2006, 2007 and 2008 Dear Council Members: The attached substitute ordinance would make technical amendments to Ordinance No. 9621-OS which was passed by the South Bend Common Council on September 19, 2005. This ordinance clarifies the following: A. Shift premium pays which are set forth in Section III, ¶ (e); B. Special duty pay by clarifying Uniform Supervisor Pro-Pay in Section III, ¶ (g); C. Redefining the officers entitled to Investigative Corporal Pro-Pay in Section III, (1}~ D. Adding a new ~ (p} to replace the current Sick Leave Buy Back Program with a Sick Leave Incentive Program in the event that the Working Agreement between the City and FOP Lodge No. 36 is ratified. All other provisions of Ordinance 9621-OS remain unchanged. CSL/sra Sincerely, ~~~ Charles S. Leone .... City Attorney feed ICI C1~ck'~ ~wflc8 JCIk~t~l t0~.. CIS1' CLti:t~;, S~. O UDC THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN