HomeMy WebLinkAbout8525-94 Fixing the Annual Pay Police Department Years 1995, 1996 & 1997 ORDINANCE No. 8525-94
Passed by the Common Council of the City of South Bend, Indiana.
July 25, 19 94
Attest: City Clerk
IRENE K. GAMMON
AP:
Attest: i,L. / President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana—
July 26, 94
19
City Clerk
IRENE K. GAMMON
Approved and signed by me pk,tta 7 1g 9‹
oi ��� Mayor
Substitute Bill No. 76-94
Ordinance No. 83.4'3- 91
AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE
BENEFITS FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT
FOR THE CALENDAR YEARS 1995, 1996, and 1997.
Statement of Purpose and Intent
Indiana State law (Indiana Code § 36-8-3-3(d)) provides that the "annual compensation of all
members of the police department and other appointees shall be fixed by ordinance of the
legislative body before August 2 of each year for the ensuing budget year."
An eight-member City Negotiating Team was authorized by the South Bend Common Council,
the Board of Public Safety and the City Administration to negotiate, on behalf of the City, all pay
and monetary fringe benefits and related items.
The City Negotiating Team and the F.O.P. Wage Committee of the Fraternal Order of Police,
Lodge No. 36 held numerous negotiating sessions since April of 1994 and reached a tentative
agreement on wages and fringe benefit matters,and working conditions on June 29, 1994.
On July 8, 1994, the members of the Fraternal Order of Police ratified the wage and fringe
benefits package offered by the City by a vote of 142 to 9.
The following ordinance incorporates the recommended annual pay and monetary fringe
benefits for sworn members of the South Bend Police Department for calendar years 1995, 1996
and 1997.
The City Negotiating Team recommends passage of this Ordinance,and believes that it is in the
best interests of the City, the South Bend Police Department, and the citizens of South Bend,
Indiana.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND,INDIANA,as follows:
SECTION I. gecoepition.
(a) The South Bend Common Council recognizes the F.O.P. Bargaining Committee of the
Fraternal Order of Police, Lodge No. 36, as the sole bargaining unit for the annual pay and
monetary fringe benefits for sworn members of the South Bend Police Department, excluding the
Police Chief,Division Chiefs,and Captains.
(b) The Police Chief, Division Chiefs and Captains of the South Bend Police Department are
designated in this ordinance as "Officers".
SECTION H. Annual.
Annual pay for the of officers and other sworn members of the South Bend Police Department,
by rank,for calendar years 1995, 1996 and 1997, shall be as follows:
Rank 1995 1996 1997
Police Chief $44,850 $46,800 $48,700
Division Chiefs $40,775 $42,525 $44,250
Captains $36,375 $37,950 $39,500
Lieutenants $29,250 $30,350 $31,415
Sergeants $28,055 $29,100 $30,135
Corporals $26,875 $28,000 $29,000
Patrolmen First Class $22,850 $23,850 $24,850
Although Recruits are not sworn members of the South Bend Police Department, the Common
Council hereby establishes their annual pay as follows:
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South Bend Police Salary Ordinance
Page 2
SECTION III, Additional Areas of Compensation.
(a) Maximum Amounts:
All monetary areas addressed in this ordinance are maximum amounts permitted each
calendar year.
(b) Court time:
if an officer or a 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 officers or sworn members shall
receive a minimum of four (4) hours of pay for appearing on their scheduled day off; and a
minimum of two (2)hours of pay for appearing when off duty on a regular scheduled work day.
(c) Overtime:
A sworn member who is required to remain on duty in excess of the regularly scheduled
work day, shall be entitled to overtime pay. Such sworn member shall be paid at the rate of one
and one-half (11/2) times his or her normal rate of pay. Overtime shall be calculated by quarter-
hour increments.
(d) Holiday Grants:
Holidays and holiday grant procedures shall be established by the Board of Public Safety.
Maximum holiday grants for calendar years 1995 through 1997 shall be as follows:
$200.00 for each of four(4)selected holidays worked each year.
$100.00 additional if an officer or sworn member works a grand holiday established by
the Board of Public Safety.
$ 80.00 paid if an officer or sworn member is recalled to work a designated holiday.
$140.00 paid if an officer or sworn member is recalled to work a grand holiday.
(e) Shift Premiums:
Officers and sworn members, scheduled to work afternoon or midnight shifts shall be
entitled to the following shift premium pay:
1995 1996 1997
Afternoon(3rd Detail) $450.00 $450.00 $450.00
Midnight(1st Detail) $500.00 $500.00 $500.00
(t) Hazardous Duty Pays:
Officers and sworn members who work in hazardous duty areas, shall be entitled to the
following pay for such assigned and designated specialties:
1995 1996 1997
Special Weapons and
Tactics(SWAT) $500 $500 $500
K-9 Units $500 $500 $500
Bomb Technicians............. $500 $500 $500
Hostage Negotiations $500 $500 $500
Special Operations
Section(SOS) $500 $500 $500
SOS Undercover ............. $1,800 $1,900 $2,000
River Rescue $500 $500 $500
N.E.S.T. $500 $500 $500
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South Bend Police Salary Ordinance
Page 3
(h) Clothing Allowance:
Officers and sworn members shall receive the following annual clothing allowance. One-
half(1/2) of the annual sums listed shall be paid on or before June 15th, with the remaining one-
half(1/2)being paid on or before December 15th of each year. Said amounts shall be as follows:
1995 1996 1997
$1,000.00 $1,000.00 $1,000.00
Said clothing allowance shall be prorated in any year a sworn member or officer retires,
resigns, or otherwise leaves employment, and payment of said clothing allowance shall begin in
the second year of service.
(i) Longevity Pay:
Officers and sworn members holding the rank of corporal and above, shall receive
additional compensation in recognition of cumulative service on the South Bend Police Depart-
ment. Such longevity pay shall be paid in 1995, 1996 and 1997, and shall not be attributed to the
annual salary base for pension purposes. Said pay shall be paid with regular payroll amounts
throughout these three(3)years,and shall be as follows:
Cumulative Years of Service 1995-1997 Annual Compensation
10-14 years Beginning in the 11th year- $415.00
15-19 years Beginning in the 16th year- $575.00
20+ years ................................., Beginning in the 21st year- $1,050.00
(j) Tuition Reimbursement Program:
In the event that a Police Department Tuition Reimbursement Program is formally
established for the sworn members and officers of the South Bend Police Department, all
qualifying officers and sworn members shall be entitled to a maximum of$300.00 of the tuition
fees to be reimbursed in calendar years 1995, 1996 and 1997. All governing regulations must be
complied with in order to qualify for said tuition reimbursement.
(k) Operation Safe Neighborhoods Program:
In the event that the South Bend Common Council establishes by proper ordinance a
program entitled"Operation Safe Neighborhoods",all qualifying officers and sworn members who
establish legal residence within designated areas of the City limits and reside on a continuous
permanent basis within such designated areas within the City for the period of time they are
seeking reimbursement, shall be entitled to a maximum of$1,500.00 of his or her annual mortgage
or rental amount. Qualifying officers and sworn members will be entitled to be reimbursed by the
City on a quarterly basis. All governing regulations must be complied with by qualifying officers
and sworn members in order to qualify for said reimbursement.
(I) Body Armor Vest Incentive:
Qualifying officers and sworn members who wear on a regular and consistent basis, a
body armor vest during those times when their personal safety is in jeopardy, shall be paid the
following annual amounts:
1995 1996 1997
$100.00 $125.00 $125.00
Said incentive(s)shall be paid on or before December 15th of each year. In order to qualify
for said payments,officers and sworn members must have purchased a department approved body
armor vest not older than five(5) years (based on the manufacturer's warranty date) from the date
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South Bend Police Salary Ordinance
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0- 1 year of service- 1 day per month
1 -5 years of service- 13 days annually
6- 10 years of service- 16 days annually
11 - 15 years of service- 21 days annually
16-20 years of service- 23 days annually
21 years of service and over- 28 days annually
(b) Officers and sworn members hired and sworn after December 31, 1986, shall be entitled to
vacations pursuant to the following schedule for 1995, 1996,and 1997;
0- 1 year of service- 1 day per month after six(6)months
1 -3 years of service- 11 days annually
4-5 years of service 14 days annually
6- 10 years of service- 15 days annually
11 - 15 years of service- 19 days annually
16- 19 years of service- 22 days annually
20 years of service and over- 25 days annually
(c) The above terms shall be subject to the approval by the Board of Public Safety through the
Board's adoption of a proper Resolution.
SECTION V. Paid Sick Leave.
(a) Sick Leave Cost Reduction Program.
(1) The following Sick Leave Cost Reduction Program shall continue for years 1995,
1996, and 1997 and shall apply to all officers and sworn members of the South Bend Police
Department. This program is continued for the purpose of encouraging the conservation of sick
time and the costs thereof,which has been demonstrated by the program being in effect for the past
several years.
(2) Through and including December 1, 1997, officers and sworn members shall be
compensated for the relinquishment of earned sick time as follows:
(aa) One (1) day's pay for each earned sick day relinquished with a maximum of
eight(8) days per year.
(bb) In the event an officer and sworn member is compensated for the relinquish-
ment of earned sick time in a given year, the number of paid sick days to which said officer and
sworn member is entitled under Section V(b) (I) will be reduced by the same number of sick days
for which compensation is received.
(cc) In no event shall an officer be entitled to be compensated for the relinquishment
of earned sick time in a year from the sick leave bank referred to in Section V(b)(2).
(3) The rate of pay for compensation for conservation of sick time in the schedule listed
herein shall be the then current rate of pay for the rank of Corporal. Payment shall be made to
officers and sworn members for sick tune conservation on or before December 15th of each year.
(b) Paid Sick Leave Accrual.
(1) Officers and sworn members hired before or after December 31,1986, shall be entitled
to accrue a maximum of eight(8)paid sick days per calendar year.
(2) Officers and sworn members hired before or after December 31, 1986, shall be entitled
to accrue a maximum of ninety(90)sick days in a sick leave bank.
(c) The above terms shall be subject to approval by the Board of Public Safety through the
Board's adoption of a proper Resolution.
SECTION VI. South Bend Police peuartment Accumulated Time Buy-Back and
Flex Time Policigs.
South Bend Police Salary Ordinance
Page 5
i. Except for up to a maximum of eighty (80) hours of unused accumulated time
which an individual employee may wish to have transferred from his or her frozen unused
accumulated time account to the Police Department's Flexible Time Account, the City shall pay the
cash value of all unused accumulated time verified by the Department.
ii. Each employee shall have the opportunity to review his or her verified unused
accumulated time records upon request.
iii. The City will exercise its best efforts in payment of said verified time.
(2) Review of Policy. The above-stated Accumulated Time Buy-Back Policy is subject to
review by the State Board of Accounts. Any changes to said policy which may be mandated by the
State Board of Accounts, shall be duly made, with notice thereof being given by the City of South
Bend Police Department in a reasonable manner.
(3) The Board of Public Safety shall set forth any further rules and regulations in the
Working Agreement which may address this policy.
(b) Flexible Time Account Established.
(1) Policy Established. Effective January 1, 1995, a Flexible Time Account shall be
established for the Police Department.
(2) Eligibility: All officers and sworn members of the South Bend Police Department are
eligible to establish a line item within the City's Flexible Time Account for the Police Department.
(3) Maximum Hours and Usage; Rules governing the maximum hours, usage, and
opportunity to earn flex time shall be as set forth in the Working Agreement. The Board of Public
Safety shall set forth any further rules and regulations in the Working Agreement which may
address this policy.
section VII. Retirement Sick Leave Buy-Back.
(a) Officers and sworn members of the South Bend Police Department may accumulate within
a sick-day bank a maximum of forty-five(45)days.
(b) Upon a minimum of fourteen (14) days notice prior to retirement, any officer or sworn
member of the South Bend Police Department may sell back tot he City the number of sick days
which he or she has accumulated in his or her sick bank up to a maximum of forty-five(45) days.
The rate of reimbursement shall be one-half (1/2) of the hourly rate of base pay for the rank of
corporal.
(c) All payments made pursuant tot he City's Retirement Sick-Leave Buy-Back Program for
the South Bend Police Department shall be paid in one lump sum payment by the City on the next
regular payday following the effective date of the officer's or sworn members retirement from the
department, or as soon thereafter as possible.
(d) The Board of Public Safety shall set forth any further rules and regulations in the Working
Agreement which may address this policy.
SECTION VIII. Insurance Benefits.
(a) Health Care Insurance Committee Continued. The Health Care Insurance Committee shall
continue to operate in an advisory capacity to and under the direction of the City Controller. This
Committee shall be composed of representatives of the Fraternal Order of Police, Lodge No. 36,
and employees of the Department of Administration and Finance of the City of South Bend,
Indiana, together with other employees of the City of South Bend. It shall be the responsibility of
the Committee to review,under the direction of the City Controller,on a regular basis the activities
of the City's Health Care Insurance Program.
(b) Comprehensive M.jor Medical Insurance Program/PPO. The City shall maintain a
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South Bend Police Salary Ordinance
Page 6
sworn member [employee] who desires dependent health insurance coverage for the self-funded
insurance program of the City of South Bend shall be $40.00 per month in plan year 1995. The
monthly contribution for officers and sworn members [employees] for both single and dependent
coverage in plan years 1996 and 1997 shall include an additional charge of no more than ten dollars
($10.00)per month for plan years 1996 and 1997.
(d) Flexible Spending Account. The City shall contribute five hundred dollar($500.00)to each
officer's and sworn member's [employee's] individual flexible spending account, each plan year,
for the term of this Agreement. The contribution shall be made annually on the first pay period of
the plan year. This benefit shall be given to all Employees who have met the eligibility require-
ments which require that the Employee be a full-time benefitted employee hired before October 1st
of the previous year. This amount shall be prorated for qualifying part-time and non-probationary
Employees. Any monies remaining from the five hundred ($500.00) dollar Flexible Spending
Account shall be used by the City to reduce and/or maintain the Employee's contribution.
(e) Payment for Election tQ Leave City Insurance Program. The City shall pay Fifty Dollars
($50.00) per month to any officer or sworn member who elects to leave the City's Insurance
program to be covered by another program for which the City makes no contribution. This election
shall not be mandatory and the officer or sworn member [employee] may return to the City's
program provided that the conditions of the City's insurance plan are met,and contributions in the
amounts specified in paragraph (a) of this section are made, but such officer or sworn member
[employee]shall forfeit the Fifty Dollar($50.00)payment per month.
(f) Life Insurance.The City shall provide term life insurance coverage in the amount of Fifteen
Thousand Dollars ($15,000.00) for each officer or sworn member [employee]. Such insurance
shall be effective upon the award of a group life insurance bid by the Board of Public Works or the
beginning of the plan year,whichever is later.
(g) Benefit Waiting Periods. The City and the Lodge acknowledge that life insurance,
comprehensive major medical insurance, and short term disability programs require a sixty (60)
day eligibility period;and that the long term disability program requires a minimum of a ninety(90)
day eligibility period.
(h) Additional Regulations: Any additional regulations shall be set forth in the Working
Agreement.
SECTION IX. Working Agreement.
The Common Council recommends that the Working Agreement as tentatively amended by the
respective Wage Teams be approved by the Board of Public Safety.
SECTION X. Service Year Defined.
(a) The first service year for a member of the Police Department commences upon the
individual being sworn in before the Board of Public Safety as a member of the department. The
second service year shall begin on the next succeeding fast day of January 1 and service years
shall continue to increase until the member attains the maximum salary for the particular rank he or
she may hold.
(b) Advancement from the rank of Patrolman First Class to Corporal is dependent upon three
(3)complete calendar years of service plus a determination of satisfactory performance of duty and
promotion by the Board of Public Safety.
SECTION XI. This Ordinance shall be in full force and effect from d after its passage by the
Common Council and approval by the Mayor. /'
• ' T o,President
Steph Luec?± ember
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County-City Building•South Bend,Indiana 46601
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Fax(219)235-9173
Ann Puzzello
President
July 25, 1994
Cleo Washington
Vice-President Members of the Common Council
Fourth Floor County-City Building
Roland Kelly South Bend, Indiana 46601
Chairperson,Committee
of the Whole Re: Substitute Bill No. 76-94
Dear Council Members:
Stephen Luecke
First District I am pleased to attach Substitute Bill No. 76-94 which sets forth the
recommended salary and monetary fringe benefit package for members of the
Cleo Washington
Cleo Washington South Bend Police Department for the next three years.
Roland Kelly As you are aware,the package was overwhelming approved by the members of
Third District the Fraternal Order of Police, Lodge No. 36 on July 8, 1994, by a vote of 142
to 9.
Ann Fourth District Thanks to the cooperation and hard work of the Common Council, the City
Fourth District P y
Administration,the Board of Public Safety,the City Negotiating Team was able
Linas Slavinskas to amicably discuss and reach agreement with the Wage Team representing the
Fifth District Fraternal Order of Police, Lodge No. 36. The proof of those positive efforts
resulted in the attached Bill.
Thomas Zakrzewski
Sixth District I look forward to highlighting the total package at the joint committee meeting
set for this afternoon of the Personnel Finance Committee and the Health and
Sean Coleman Public Safety Committee.
At Large
I seek your favorable support. Thank you.
Loretta Duda
At Large
Eugene Ladewski
Sincerely,
At Large
Kathleen Cekanski-Farrand Kathleen Cekanski-Farrand
Council Attorney Chief City Negotiator
cc: Mr. Leo T. Blackwell,Esquire
Chief FOP Negotiator
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ttnmmtttrr Erport
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of the Whole
Your Committee
to whom was referred
BILL NO.
76-94 SECOND READING ON A BILL FIXING THE ANNUAL PAY AND
MONETARY FRINGE BENEFITS FOR MEMBERS OF THE SOUTH BEND
POLICE DEPARTMENT FOR THE CALENDAR YEARS 1995, 1996, AND
1997.
Respectfully report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable, as amended
by substitution.
Roland Kelly
Chairman