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HomeMy WebLinkAbout9526-04 Salaries - fixing the Annual Pay and Monetary fringe benefits of Firefighters for Calendar year 2005ORDINANCE No. 9526-04 Passed by the Common Council of the City of South Bend, Indiana September 13, 20 04 Attest: Attest: JOHN Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Councit September 14, 04 20 JOHN Approved and signed by me sevtember 15. 20 ~_ City Clerk Mayor Bill No. 51-04 Ordinance No. S Z~ ~ ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2005 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council has the legal responsibility pursuant to Indiana Code § 36-8-3-3 (d) to establish by ordinance before September 20th, the annual compensation of all members of the South Bend Fire Department. On April 26, 2004, the South Bend Common Council unanimously adopted Resolution No. 3324-04 which appointed an agent/negotiator and addressed an Advisory City Negotiating Team. The Advisory City Negotiating Team was composed of lst District Council Member Derek D. Dieter, 3rd District Council Member Roland Kelly, 4th District Council Member Ann Puzzello, 6th District Council Member Ervin Kuspa, Assistant Fire Chief Richard Switalski, City Controller Frederick B. Ollett III, City Attorney Charles S. Leone, Agent/Negotiator for the Board of Public Safety, and Kathleen Cekanski-Farrand, Agent/Negotiator for the South Bend Common Council. The Fire Negotiating Team was composed of Captain Michael J. Damiano, Engineer Kenneth Marks, Captain Jess (Ben) Noell, Engineer Michael Jamieson, Lieutenant/Paramedic Todd Skwarcan, Pump Engineer James Weinberg, Michael Wagenka, retired Battalion Chief; and Thomas F. (Chip) Lewis III, Agent/Negotiator. The negotiating teams were committed to using interest-based bargaining techniques. After a series of positive negotiating sessions, a tentative agreement was reached on July 29, 2004. The salary and monetary fringe benefits set forth in this ordinance are recommended to be approved by the South Bend Common Council, with such terms being deemed in the best interests of the City of South Bend, Indiana. ~o~ul, ~1iex~' lie i,~ a~ai~zea~ ~ ~ie ~a~nm~aaz ~pau~zc~ o~~ie ~c~ o~ C~s~ /Jc eau C~~iaauz, as follows: Section I. a. The South Bend Common Council recognizes the Firefighter Negotiating Team of the South Bend Firefighters Association, Local No. 362, as the sole bargaining agent for the purpose of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance for the employees of the South Bend Fire Department. "Employees" are designated as all sworn members of the South Bend Fire Department 2005 South Bend Fire Department Salary Ordinance Page 2 excluding the Fire Chief, Assistant Chiefs, and Battalion Chiefs for calendar year 2005. b. The Fire Chief, Assistant Chiefs and Battalion Chiefs of the South Bend Fire Department are designated as "Officers". c. For purposes of this ordinance, all "Employees" and all "Officers" of the South Bend Fire Department shall be referred to as "sworn members". d. Service Year Requirements: The following service year requirements shall remain in effect: Firefighter Recruit: A civilian who successfully meets the criteria established by the Board of Public Safety and who is attending the South Bend Fire Academy. service. Firefighter: A sworn member who has not completed one (1) full year of First Class Firefighter: Upon a Firefighter's satisfactory completion of one (1) full year of service from the date of hire, he or she becomes a First Class Firefighter. Engineer: Promotion to the rank of Engineer shal be dependent upon the satisfactory completion of three (3) full years of service on the South Bend Fire Department. The Fire Chief shall forward to the Board of Public Safety the names of those firefighters eligible for the rank of Engineer not later than the date that the individual becomes eligible. Section II. a. Definitions: For purposes of this ordinance, "salary classifications" mean categories for salary and annual pay purposes only. Rank does not mean salary classification. b. Annual Pay for Sworn Members of the South Bend Fire Department: Annual pay for the sworn members of the South Bend Fire Department for calendar year 2005 shall be as follows: Salary Classifications Calendar Year 2005 Fire Chief $70,738 Assistant Fire Chiefs $64,889 Battalion Chiefs $55,998 Captains $46,280 Engineers $44,600 First Class Firefighter $40,000 Firefighter $32,500 2005 South Bend Fire Deparhnent Salary Ordinance Page 3 c. Annual Pay for Firefighter Recruit: The annual pay for a Firefighter Recruit of the South Bend Fire Department for calendar y ear 2005 shall be $32,000.00. d. Salaries for Non-Rank S ecialties: Qualified sworn members of the South Bend Fire Department who are regularly assigned to perform any of the following non-rank specialties, shall be paid the following salaries for calendar year 2005: Non-Rank Specialties Calendar Year 2005 Arson Investigators $46,280 Inspectors $46,280 Instructors $46,280 Lieutenant/Paramedic $45,899 Pump EngineerlFirst Driver $45,150 Section III. Specialty Pays: a. Medical Specialty Pays: Specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of the regular assignment for such special duty or duties and paid accordingly. Individuals performing any of the following Medical Specialties, shall be paid at the highest certification only. The following Medical Specialty Pays are established: Medical Specialty Calendar Year 2005 First Responder $250 EMT $350 AEMT $750 AEMT-1 $900 Reserve Paramedic $1,250 Paramedic $5,000 Any sworn member hired after January 1, 2001, when the EMT certification was a condition of employment, shall not be entitled to EMT medical specialty pay. All sworn members hired before January 1, 2001, who maintain their EMT certifications shall be entitled to such EMT medical specialty pay. b. Special Operation Team Specialty Pays: The following specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the 2005 South Bend Fire Department Salary Ordinance Page 4 department's requirements for each specialty and are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly. Individuals hired prior to January 1, 2001, and performing any of the following Special Operation Team Specialties, shall be paid for each such specialty. Any individuals hired after January 1, 2001, and performing any of the Special Operation Team Specialties shall be limited to one (1) specialty over and above any medical specialty identified in paragraph a. of this Section. This limitation shall not prohibit Team Leaders from receiving the designated Special Operation Team Specialty pay, as well as the pay for being a Team Leader for that specialty. The following Special Operation Team Specialty Pays are established: Special Operation Team Calendar Year 2005_ Hazardous Materials Response Team Member $1,200 Swiftwater Rescue Team: Swiftwater Scuba Diver $1,200 Swiftwater Specialist $ 600 Swiftwater Technician $ 500 Tactical Rescue Team Member $1,200 Team Leader $ 400 c. Payment of Specialty Pays: All Specialty Pays shall be paid on a bi- weeklybasis except the following which shall be paid as indicated: First Responder On orbefore December 15`t' EMT On orbefore December 15`h AEMT On orbefore December 15`h AEMT-1 On orbefore December 15"' Reserve Paramedic On orbefore December 15`h Special Operations: Team Member On orbefore December 15`h of each year Team Leader One-half (1/2) on or before June 15`h and the remaining one-half (1/2) on or about December 15th 2005 South Bend Fire Department Salary Ordinance Page 5 Section IV. Recall of Dutv Pav and EmerEencv Duty Pay. a. In the event that a sworn member is recalled for duty, and he or she reports for duty, he or she shall be paid at the rate of one and one-half (1 %2) times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty (30) minutes shall constitute one (1) hour. b. A sworn member who works emergency duty shall be paid at the rate of one and one-half (1 '/z) times the sworn member's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. c. In the event a sworn member is called to work emergency duty for extra-alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of fire department units for extra-alarm fires or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in the 2005-2008 Collective Bargaining Agreement governing extra-duty or recall are not applicable. The Fire Chief or his or her designee may specify which off-duty personnel with specialized skills, including but not limited to sworn members of the Hazardous Materials Response Team, Swiftwater Rescue Team, Tactical Rescue Team, or sworn members with needed medical specialties. Section V. Working Out of Classification Pav. a. If a sworn member is temporarily assigned as a Battalion Chief, Captain, Paramedic, Lieutenant/Paramedic, or Pump Engineer, the sworn member shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form by the officer of the rig or the Battalion Chief. b. If an AEMT is assigned to an ambulance, then the AEMT shall be paid while so performing such duties at fifty percent (50%) of the rate of special pay for paramedics. c. If an AEMT-1 is assigned to an ambulance, the that AEMT-1 shall be paid while performing such duties at seventy-five percent (75%) of the rate of special pay for paramedics. 2005 South Bend Fire Department Salary Ordinance Page 6 Section VI. Station Allowance. The South Bend Common Council shall budget in an account for each assigned twenty- four hour sworn member an allotment of fifty dollars ($50.00) to each station where housekeeping duties (spring cleaning and regular maintenance) are performed. Needed station purchases shall be approved by a majority vote of the assigned sworn members at each approved fire station and submitted by each House Captain for review, approval and purchase by the Fire Chief and City Controller. Such monies may not be carried over from year to year and must be used by December 31S` Section VII. Clothing/LTniform Allowance. Clothing/Uniform Allowance shall be $795.00 in calendar year 2005. ClothinglLTniform Allowance shall be paid in four (4) equal payments payable on or about March 15`'', June 15`h, September 15`h and December 15`h. Clothing/Uniform Allowance shall be pro-rated to the date of termination of employment for all qualifying sworn members. Clothing/Uniform Allowance shall not be paid during an individual's first year of employment with the department as a Firefighter. Clothing/Uniform Allowance shall be pro-rated form the sworn member's first anniversary date until the end of that calendar year. Section VIII. Other Monetary Benefits. a. Safety Officers: The regularly assigned Safety Officer shall receive, in addition to his or her base salary the sum of $3,000 in 2005. b. 8-Hour Incentive Pay: An 8-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour work-week [not to include temporary duty assignments (TDY)] as well as officers. The sum of $1,154 shall be paid to such qualifying individuals in calendar year 2005. c. Inspector/Instructor Pay: Those Engineers who are qualified and regularly assigned [not to include temporary duty assignments (TDY)] as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non-rank specialty pay as an Inspector or Instructor. d. Shift Instructor Pay: Shift Instructors who are qualified and selected to teach on- duty in-house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized departmental instruction, shall be paid at the rate often dollars ($10.00) per hour up to a 2005 South Bend Fire Department Salary Ordinance Page 7 maximum of $1,500.00, with any teaching thereafter requiring the approval of the Fire Chief. Other instructors who are qualified and selected to teach specified on-duty in- house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, may be paid at the rate often dollars ($10.00) per hour, upon the approval of the Fire Chief. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full-Time Instructors and company training shall be ineligible for any pay under this paragraph. e. Pay for Certified SCBA Repair Specialists: Those sworn members qualified, certified and regularly assigned by the Fire Chief to perform self-contained breathing apparatus (SCBA) arepairs shall be paid at the rate often dollars ($10.00) per hour up to a maximum of $1,000.00. Any self-contained breathing apparatus repairs to be performed which exceed this maximum must be approved by the Fire Chief. Said hourly rate shall be paid over and above the sworn member's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. f. Pay for Special Assignments: Sworn members assigned by the Fire Chief to perform special assignments (not including light duty) which may include by are not limited to watercraft maintenance, apparatus maintenance, mapping, updating the South Bend Fire Department's Official website, or other authorized department assignments, shall be paid at the rate of ten dollars ($10.00) per hour while performing such special duties. Said hourly rate shall be paid over and above the sworn member's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. g. Critical Duty Day Stipend: 'The maximum Critical Duty Day Stipend is established at two hundred four dollars ($204.00), which may be pro-rated for time actually worked at eight dollars fifty cents ($8.50). As an alternative, each sworn member who is eligible for a Critical Duty Day stipend shall have the option of receiving on hundred two dollars ($102.00), plus a credit of a total of twelve (12) hours of compensatory time in the City's Compensatory Time Account, if the maximum hours of the compensatory time policy have not been reached. A decision as to which option under this paragraph shall be utilized must be made by the deadline for submitting payroll following the Critical Duty Day worked. Those sworn members who actually work overtime on a designated Critical Duty Day shall be entitled to the hourly Critical Duty Day Stipend on a pro-rated basis for hours worked. 2005 South Bend Fire Department Salary Ordinance Page 8 h. Deferred Compensation: The City of South Bend, Indiana, agrees to maintain the deferred Compensation Program which became effective on January 1, 1997, for the South Bend Fire Department. This program provides that for the first one hundred dollars ($100.00) deferred by a sworn member of the South Bend Fire Department each year, the City will match said amount $ 0.50 on the dollar, and for the next three hundred dollars ($300.00) deferred by a sworn member each year, the City will match said amount, dollar for dollar. i. Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all officers and sworn members of twenty thousand dollars ($20,000.00). j. Health Insurance: Each sworn member 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 the 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 for calendar year 2005 shall be as follows: Single $42.00 Family $112.00 The monthly contribution for fire pensioners who are members of the South Bend Firefighters Association Local # 362, who retire after January 1, 1997 and who desire coverage from the City's self-funded insurance program for calendar year 2005 shall be as follows: Single $95.00 Family $335.00 Fire pensioners who are not members of the Union shall pay an additional fifty dollars ($50.00) per month over and above the amounts listed above. k. Individual Flexible Spending Account. The City of South Bend shall continue to contribute five hundred dollars ($500.00) to each sworn member's individual flexible spending account in 2005, so long as such individual was employed as of October 1St of the previous calendar year. Section IV. Education Tuition Reimbursement Program. Effective January 1, 2005, an Education Tuition Reimbursement Program is established for the sworn members of the South Bend Fire Department. Qualifying sworn members participating in the education tuition reimbursement program shall be entitled to the following maximum dollar amounts for course tuition and other directly related expenses: 2005 South Bend Fire Department Salary Ordinance Page 9 Course Grade Earned Maximum Amount Reimbursed by City A 100% of tuition costs and other directly related expenses up to a maximum of $1,250 B 100% of tuition costs and other directly related expenses up to a maximum of $ 900 Education tuition reimbursement shall be on a "first come, first serve" basis", subject to the maximum dollar amount budgeted by the South Bend Common Council. All departmental governing regulations must be complied with by qualifying sworn members in order to be paid under this education tuition reimbursement program. Section X. Collective Bargaining Agreement Subiect to Separate Ratification by a Resolution of the South Bend Common Council The Common Council acknowledges that other monetary benefits have been identified and addressed in a proposed Collective Bargaining Agreement which include but are not limited to such items addressed in Article 9. Vacation, Article 10 Funeral Leave, Article 21 Sick Leave and Sick Leave Buy-Back, Article 24 Compensatory Time Account and Policy, and Article 32 Memorial Neo-Natal Unit. The entire proposed Collective Bargaining Agreement shall be submitted to the Common Council for ratification purposes with an appropriate form of resolution, following its approval by the Board of Public Safety. Section XI. Effective Date. This Ordinance shall be in full force and eff t from and er it she the Common Council and approval by the Mayor. Council Member Derek D. Dieter Me r of the Common Council ~~~ Council Member Roland Kelly Member of the Common Council L~ Council Member Et in Kuspa Me r of the Co on Council ou i Member Ann zello Member of the Common Council 2005 South Bend Fire Deparhnent Salary Ordinance Page 10 V rde, City Clerk ~~ by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the ~ day of September, 2004, at ('-`t5 o'clock ~. m. Janice lboom, Deputy Clerk Q.m. c90~~~dx~dby me on the /~ day of September, 2004, at//.; is o'clock Stephen J. cke Mayor of the City of South Bend, Indiana 1 st READIf~G g_Z3~ I PUBLIC HEARING-~3-oV 3 rd READING ~` -~~ ~p`{ NOT APPROVED REFERRED PASSED ~-~~_p~ as Q s S ~~ s~-~„`~f S v-~s~` ~~c~ Filed In Cterk's Office Etta ~ ~ct~~'~ JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 51-04 A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2005 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 by page 6 and 8. Sean Coleman Chairman Karen L. White President Roland Kelly Vice-President Sean Coleman Chairperson, Committee of the Whole Derek D. Dieter First District Charlotte D. Pfeifer Second District Roland Kelly Third District Ann Puzzello Fourth District David Varner Fifth District Ervin Kuspa Sixth District Sean Coleman At Large AI "Buddy" Kirsits At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney City of South Bend CoIInmon Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 August 18, 2004 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana (574} 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www ci.south-bend.in.us Re: 2005 Annual Pay and Monetary Fringe Benefit Ordinance for the Members of the South Bend Fire Department Dear Council Members: We are pleased to officially file with the Office of the City Clerk the proposed ordinance which will establish annual pay and monetary fringe benefits for members of the South Bend Fire Department for calendar year 2005. The proposed ordinance addresses the primary goal which was to be achieved during this year's fire negotiations, namely, establishing parity among public safety employees working for the City of South Bend. Our City is indeed fortunate to have so many career firefighters who dedicate themselves 24/7 to serving on the South Bend Fire Department. This ordinance also addresses four (4) of the City's Statement of Interests discussed at the bargaining session held on June 22, 2004, namely: 1. Commitment to public service 2. Commitment to competitive & fair compensation 3. Commitment to fiscal responsibility, and 4. Commitment to training and education Our Negotiator/Agent, Kathy Cekanski-Farrand, will present a detailed power point presentation at the Council meeting on Monday, September 13th which will highlight key considerations which were instrumental to this year's successful interest-based bargaining with the Fire Negotiating Team who represented the South Bend Firefighters Association No. 362. We have also asked all of the Fire Negotiating Team to be present at that 7 p.m. Council meeting. The Council Members of the Advisory City Negotiating Team would also like to commend all of the members of the Fire Negotiating Team for their hard work and dedication. Their professionalism, background preparation, 2005 South Bend Fire Department Salary Ordinance Cover Letter August 18, 2004 Page 2 and use of the latest technology at the negotiating table were some of the key factors in this year's positive negotiating process. We recommend that the attached ordinance be sent to the Personnel and Finance Committee and to the Health and Public Safety Committee so that a joint committee meeting may be held. We seek your unanimous support of this ordinance. Thank you. Sincerely, Council Member Derek D. Dieter, Chairperson Personnel and Finance Committee Member of the Advisory City Negotiating Team Council Member Roland Kelly Member of the Advisory City Negotiating Team Council Member Ervin Kuspa Me r of the Advis City Negotiating Team C "unci Member Pu o, Chairperson Health and Public Safety Committee Member of the Advisory City Negotiating Tear Filed In Clerk's Office i~,~lu 1 8 2004 JOHN VOORDE CITYCLERK, S0. BEND, IN. cc: Thomas F. (Chip) Lewis III, Fire Negotiating Team Spokesperson Mayor Stephen J. Luecke Fire Chief Robert X. Quinn III Advisory City Negotiating Team