HomeMy WebLinkAbout20-24 Naming Agent/Negotiator for the FOP Negotiations '''''''''''''''
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A° tecc's 441 County-City Building• 227 W.jeftEited Bhelerk'S Office
South Bend, Indiana 46601
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JUL 2 2 2020
Karen L. White South Bend Common Council DAWN M.JONES July .2nd, 2020
Vice President 4th Floor, County-City Building CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Sharon L. McBride
Chairperson,Committee Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
of the Whole SOUTH BEND,INDIANA,APPOINTING AN AGENT/NEGOTIATOR AND
Canneth Lee AN ADVISORY COMMON COUNCIL NEGOTIATING TEAM TO
First District REPRESENT THE COMMON COUNCIL
FOR THE UPCOMING SOUTH BEND FRATERNAL ORDER OF POLICE
Henry Davis,Jr. LODGE#36 NEGOTIATIONS
Second District
Dear Common Council Members:
Sharon L.McBride
Third District As you know,the FOP Lodge# 36 has notified the City of its intent to renegotiate.
This proposed Resolution names our attorney,Bob Palmer, as the Council's
Troy Warner agent/Negotiator on behalf of the Common Council.The resolution also names a
Fourth District Common Council Advisory Team to Represent the Council during negotiations.
Jake Teshka
Fifth District Please place this Resolution on the agenda for the Health&Public Safety
Committee for the July 27,2020 meeting and on the Council's agenda for the first
Sheila Niezgodski and only reading on July 27,2020.
Sixth District
Thank you for your consideration.
Karen L. White
At Large
Sincer ly ours, 44.
Rachel Tomas Morgan --/
At Large ,�.tvn.
Lori K. Hamann Kar L.White, At Large Counciember
At Large
Filed in Clerk's Office
JUL 2 2. 2020
BILL NO. 20-24
DAWN M.JONES
RESOLUTION NO. CITY CLERK, SOUTH BEND, IN
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,APPOINTING
AN AGENT/NEGOTIATOR AND AN ADVISORY COMMON COUNCIL
NEGOTIATING TEAM TO REPRESENT THE COMMON COUNCIL
FOR THE UPCOMING SOUTH BEND FRATERNAL ORDER OF POLICE LODGE#36
NEGOTIATIONS
WHEREAS, the Board of Public Safety is the administrator of the Police Department and
has the "exclusive control over all matters and property relating" to it and the authority to adopt
the rules governing the Police Department pursuant to Indiana Code §36-8-3-2; and
WHEREAS, pursuant to Indiana Code §36-8-3-3(d), the Common Council has the
exclusive authority to fix by ordinance the annual compensation for all members of the South Bend
Police Department and other appointees by the Board of Public Safety until November 1, 2020;
and
WHEREAS,such ordinance maygrade the members of the Police Department and regulate
P i�
their pay by rank as well as by length of service; and
WHEREAS, the 2017-2020 Collective Bargaining Agreement between the City of South
Bend and the South Bend Fraternal Order of Police Lodge #36 will expire at 11:59 p.m. on
December 31, 2020; and
WHEREAS, the Common Council desires to appoint a Chief Negotiator and an advisory
Common Council Negotiating Team to represent it and to provide updates during executive
sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant
to Indiana Code §5-14-1.5-6.1(b)(2)(A); and
WHEREAS, the Advisory Common Council Negotiating Team shall not be considered a
"governing body" or"public agency" under Indiana Code §5-14-1.5-2; and
WHEREAS, the Common Council believes that this Resolution is in the best interest of
promoting positive and harmonious labor negotiations.
NOW, THEREFORE, BE IS RESOLVED, 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 Robert
J. Palmer as its Agent for the upcoming labor negotiations with the South Bend Fraternal Order of
Police Lodge#36. Mr. Palmer shall be the Common Council's Chief Spokesperson and Negotiator
concerning all matters related to the Common Council's right to establish the compensation of the
Police Department by ordinance. The Common Council also appoints as an advisory Common
Council Negotiating Team, Council members Sheila Niezgodski, Henry Davis, Jr., and Jake
Teshka.
Section II. This resolution shall be in full force and effect from this date until an ordinance
regarding the Police Department's compensation is passed by the Common Council.
h e4 2744 mit+2020
Karen L. White,At Large
Council Member
arc:
Dawn M. Jones, City Clerk