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Home My WebLink AboutAppointing an Agent/Negotiator to represent the Common Council & Addressing the Advisory City Negoiating Team for the 2012 Fire & Police Departments NegotiationsRESOLUTION 4179 -12 Passed by the Common Council of the City of South Bend, Indiana May 14, Attest: 20 12 Presented by me to the Mayor of the City of South Bend, Indiana May 15, 20 12 Approved and signed by me l� City Clerk President of Common Council 20 ( Z_ City Clerk =25 RESOLUTION NO. "t ( i R -( Z-- 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 ADVISORY CITY NEGOTIATING TEAM FOR THE 2012 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS GWe"wi., pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the mandatory duty and exclusive authority 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 OWXei , 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 such items as the amount of clothing allowance and that annual cash allowance for clothing, which are considered compensation; and Wemaa, 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 OWXe rear, the Common Council received written communication from Chris Baker, Vice- President of the South Bend Firefighter's Association Local 362 on April 24, 2012 requesting the opening of negotiations; and a similar communication was received on April 5, 2012 from Steven Noonan, President of the Fraternal Order of Police, South Bend Lodge No. 36; and O #Xe eab, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and financial matters 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 Off%ivaa, the Common Council is mindful of the many past positive successes where a Chief Negotiator acts as the Council's Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide 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 OWXe eab, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and GW/�iem�, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations as the upcoming negotiations with representatives of the South Bend Firefighter's Association Local 362 and representatives of the Fraternal Order of Police, South Bend Lodge No. 36 will soon be beginning. 2012 Fire and Police Negotiations Resolution Page 2 C�/Votrl; ��, /ie itxeaa 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, hereby 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 and the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36. 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 would have a fiscal and /or budgetary impact. Section II. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, resource persons and other matters in consultation with the South Bend Common Council, any Agent formally appointed by the Board of Public Safety and City Administration so that she audthe Advisory City Negotiating Team may have positive, harmonious and successful labor nego tions which are reasonable, fair and fiscally sound. Section III. This resolution shall be in full force ommon1 royal by the Mayor. f st 1 Davis, Jr. VA Valerie Schey, 3r District Dr. Fred Ferlic, 4th District avid Varner, 5 District ohn �oorde, City :t EiWEo - -4? NOT APPRoytd ADOPTED? J. from land after its adoption by the At Gavin >~ erlic, At Large L. White, At Large ol9&a , ,20 : 12. in Pete Buttigie , ayor MAY UA 2 Q j 2 City of South Bend, Indiana JOHN �,�e' ACA, CITY CLERK, &DjT',H r TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -40 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 ADVISORY CITY NEGOTIATING TEAM FOR THE 2012 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS 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. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole S013 Ti; 8� City of South Bend Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President May 7, 2012 Oliver J. Davis Vice - President Members of the South Bend Common Council 4th Floor County -City Building Karen L. White South Bend, IN 46601 Chairperson, Committee of the Whole (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Resolution to Appoint Council's Agent & Chief Negotiator for the Tim Scott 2012 Negotiations with Representatives of the Unions Representing the First District Sworn Members of the Fire and Police Departments Henry Davis, Jr. Dear Council Members: Second District As you are all aware based on prior discussions, this is a negotiating year with the Valerie ism negotiating teams representing the sworn members of the South Bend Fire Department Third District p and the South Bend Police Department. A memo was sent to each of you on May 2nd Fred Ferlic which briefly outlined the process, and the need to have positive and productive labor Fourth District negotiations. David Varner We are attaching a resolution to appoint the Council's Agent and Chief Negotiator for Fifth District these negotiations, who has a proven track record of successfully working with the Oliver J. Davis City's Advisory Teams and union representatives. Sixth District We seek your unanimous support of this resolution at Monday night's Common Council Derek D. Dieter meeting. We also request, that upon its adoption that a copy to emailed to FOP At Large President Steven Noonan and IAFF Local # 362 Vice President Chris Baker in light of their earlier correspondence. Thank you. Gavin Ferlic At Large Most sincerely, Karen L. White At Large Council Member Karen L. White, Chairperson Personas and nance ommittee erek . Dieter Council President Attachment Ned in "FO ' CITY 3 i cc: Mayor Pete Buttigieg, Fire Chief Steve Cox Police Chief Ad Interim Charles Hurley and Board of Public Safety