HomeMy WebLinkAboutAnnual Pay Fringe Benefits South Bend Department 1993 & 1994 •
ORDINANCE No. 8281-92
Passed by the Common Council of the City of South Bend, Indiana_
July 27, 92
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Attest: `�""`� �, - City Clerk
IRENE K. GAMMON
Attest: OL _ - ' President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
July 28, 92
19
City Clerk
IRENE K. GAMMON
Approved and sired by me it ;NC Iq
Mayor
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Substitute Bill No. 56-92
Ordinance No. _ si aff q
AN ORDINANCE FIXING THE ANNUAL PAY AND MONETARY FRINGE
BENEFTI'S FOR MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT
FOR THE CALENDAR YEARS 1993 AND 1994.
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."
A six-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 have held numerous negotiating sessions over the past several
weeks.
The following ordinance incorporates the recommended annual pay and monetary fringe
benefits for sworn members of the South Bend Police Department for calendar years 1993
and 1994.
The City Negotiating Team recommends passage of this Ordinance, and believes that it is in
the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA, as follows:
SECTION I. Recognition.
(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 II. Annual Pay.
(a)Annual pay for the officers and other sworn members of the South Bend Police
Department, by rank,for calendar years 1993 and 1994, shall be as follows:
Rank 1993 1994
Police Chief $42,375 $42,875
Division Chiefs 38,475 38,975
Captains 34,275 34,775
Lieutenants 27,525 28,025
Sergeants 26,375 26,875
Corporals 25,220 25,720
Patrolmen First Class 21,300 21,800
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
1. In the event that the offer made by the City Negotiating Team is accepted by the
Fraternal Order of Police, Lodge No. 36, such acceptance being by written notification
signed by the officers of the Fraternal Order of Police, Lodge No. 36, delivered to the
office of the City Clerk on or before 6:00 p.m., Monday, July 27, 1992, an acceptance
bonus shall be as follows:
I. $1,200.00 acceptance bonus shall be paid to all officers and sworn
members of the South Bend Police Department as identified in II. below, with $610.00 to
be paid to entitled members after the first full pay period after January 1, 1993,
representation the first payment of said acceptance bonus; and$610.00 to be paid entitled
members following the second regular pay period in December 1993 with said payment
representing the final payment of said acceptance bonus. None of the amounts of the
acceptance bonus shall be attributed to the annual salary base for pension purposes. In the
event that said offer is not ratified by the Fraternal Order of Police Lodge No. 36, said
acceptance bonus shall be null and void.
II. In the event that ratification of the wage and benefit package, the
acceptance bonus would be paid only to all officers and sworn members of the South Bend
Police Department who are employed by the Department at the time of the effective date of
the salary ordinance establishing 1993 and 1994 salaries for the South Bend Police
Department. In the event that said offer is not ratified by the Fraternal Order of Police
Lodge No. 36, said acceptance bonus shall be null and void.
SECTION III. Additional Areas of Compensation.
(a)Maximum Amounts:
All monetary areas addressed in this section 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:
An officer or 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 officer or sworn
member shall be paid at the rate of one and one-half(1 1/2) times his or her normal rate of
pay. Overtime shall be calculated by quarter-hour increments.
(d)Holiday Pay:
Officers and sworn member shall be entitled to receive seventy dollars ($70.00) for
each of the annual ten (10) holidays established by the Board of Public Safety, whether
such holiday is worked or not in 1993. Officers and sworn member shall be entitled to
receive eighty dollars ($80.00) for each of the annual ten (10) holidays established by the
Board of Public Safety, whether such holiday is worked or not in 1994. Pay for such
holidays shall be paid during the pay period in which the designated holiday occurs;
however,in no event shall holiday pay be paid in advance of its occurrence.
(e) Shift Premiums
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South Bend Police Salary Ordinance
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(1)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:
1993 1994
Special Weapons and $500 $500
Tactics(SWAT)
K-9 Units $500 $500
Bomb Technicians $500 $500
Hostage Negotiators $500 $500
Special Operations $500 $500
Section (SOS)
SOS Undercover $1400 $1500
River Rescue* $ 450 $ 500
N.E.S.T. $ 450 $ 500
* Said hazardous duty pay shall only be paid in the event that a search/rescue and
enforcement team is established.
(g)Gun/Radio Allowance:
Each officer and sworn member shall be entitled to the following gun/radio
allowance:
1993 1994
$200.00 $500.00
(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:
1993 1994
$900.00 $1,000.00
Said clothing allowance shall be prorated in any year a sworn member or officer
retires,resigns, or otherwise leaves employment.
(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
Department. Such longevity pay shall be paid in 1993 and 1994, shall not be attributed to
the annual salary base for pension purposes, shall be paid with regular payroll amounts
throughout these two (2) years, and shall be as follows:
South Bend Police Salary Ordinance
Page 4
Cumulative Years 1993 Annual
of Service Compensation
15-19 years Beginning in the
16th year- $500.00
20+years Beginning in the
21st year- $850.00
Cumulative Years 1994 Annual
of Service Compensation
10-14 years Beginning in the
11th year- $400.00
15-19 years Beginning in the
16th year- $550.00
20+ years Beginning in the
21st year - $1,000.00
SECTION IV. VACATIONS
(a) Officers and sworn members hired and sworn before December 31, 1986, shall be
entitled to vacations pursuant to the following schedule for 1993 and 1994:
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 1993 and 1994;
0- 1 year of service- 1 day per month after six (6)months
1 - 3 years of service- 10 days annually
4 - 5 years of service- 12 days annually
6- 10 years of service- 15 days annually
11 - 15 years of service- 18 days annually
16- 19 years of service- 21 days annually
20 years of service and over- 24 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 1993 and 1994 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, 1994, officers and sworn members
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South Bend Police Salary Ordinance
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(bb) In the event an officer and sworn member is compensated for
the relinquishment 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) (1) and Section V (b) (3) 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) and Section V (b) (4).
(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 time conservation on or
before December 15th of each year.
(b)Paid Sick Leave Accrual
(1)Officers and sworn members hired before 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 December 31, 1986, shall be entitled
to accrue a maximum of ninety(90) sick days in a sick leave bank.
(3)Officers and sworn members hired after December 31, 1986, shall be entitled to
eight(8)paid sick days per calendar year.
(4) Officers and sworn members hired after December 31, 1986, shall be entitled to
accrue a maximum of ninety (90) sick day 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 Department Accumulated Time Policy.
(a) Effective April 15, 1989, the following policy was established by the City. It
governs the accrual and payment of accumulated time. The policy does not address the
award of accumulated time.
(1.) Accumulated time accrued through April 15, 1989, will be frozen and
kept in a separate account known as the "Frozen Accumulated Time" account. The
accumulated time will be frozen at the rank which the officer holds on that date (or, in the
case of the few officers who earn their accumulated time at a higher rank and have since
then been demoted, the accumulated time would be frozen at the higher rank at which it was
earned). The value of the frozen accumulated time will increase with the annual escalation
of pay rate for the frozen rank. If an officer chooses to be paid for the frozen accumulated
time it will be paid out at then current pay rate of the rank at which it was frozen. (Example:
an officer whose time was frozen at the sergeant's rank in 1989 and who requested
payment for accumulated time in 1991 would be paid a total amount equal to the number of
frozen hours times the 1991 rate of payment for sergeants).
(2.) Accumulated time earned after April 15, 1989 will be held in a separate
account known as "Current Accumulated Time" account. Time held in the Current
Accumulated Time account will be valued at the rate at which it is actually earned. (Time
earned as a sergeant will always be valued at a Sergeant's rate of pay, time earned as a
captain will always be valued at a captain's rate of pay, etc. and, will be payable at the rate
of pay for that rank at the time of pay out). A maximum of 100 hours may be held in the
current account. Any hours worked or accumulated time credits due beyond the 100 hours
will be paid in cash as overtime. The Current Accumulated Time is a flexible account.
Hours will be added as they are accumulated and subtracted as they are used but at no time
will exceed 100 hours.An officer who wishes to use more accumulated time hours than are
available in the current account may use additional hours from his/her frozen account.
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South Bend Police Salary Ordinance
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enough money available to pay all who have requested payment,the excess requests will be
processed with the 1990 requests for payment.
(4.) A maximum amount of money will be included in the 1990 budget to
pay off remaining 1989 requests for payment and 1990 request for payment. Requests for
each year will be paid on a seniority basis with 1989 requests being paid first. Requests
which cannot be paid during 1990 will be rolled over into the 1991 budget.
(5.)Each year thereafter officers wishing to be paid for frozen accumulated
time, including officers who are planning to retire, must advise the Police Chief in writing
no later than June 30th in order to receive payment by the following June 30th. Funds will
be included in the budget to pay any unpaid requests from the previous year and the
requests for the next year,pending budget limitations.
(6.) A request for payment for frozen accumulated time must be for a
minimum of 100 hours unless the total amount of hours in the officer's account is less than
100 hours.
(7.)A procedure will be established to allow an officer to be paid as quickly
as possible for accumulated time in the event an officer experiences severe financial
hardship resulting from a sudden, unexpected illness or accident to him/herself or a
dependant (as defined in IRS Section 152(a)), loss of property due to casualty, or other
similar or extraordinary and unforeseeable and unforeseen events beyond the officers
control and which events are not reimbursed or compensated by insurance or otherwise.
(8.) A procedure will be established to provide for payment of all
accumulated time in the event of separation from employment by reason of resignation,
termination or unanticipated retirement.
(9.) The City reserves the right to pay off any and/or all accumulated time at
its discretion.
(b) The above-stated Accumulated Time Policy is subject to review by the State
Board of Accounts. Any changes to said policy recommended by the State Board of
Accounts, shall be duly made, with notice thereof being given by the City to the South
Bend Police Department in a reasonable manner.
SECTION VII. 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 Major Medical Insurance Program/PPO. The City
shall maintain a comprehensive major medical insurance program. This program shall
contain comprehensive major medical insurance coverage which includes a$750.00 annual
deductible, and which shall be subject to a 70/30 co-insurance payment up to a limit of
$1,500.00 per year. In the event that the City establishes a Preferred Provider Organization
(PPO), it shall be subject to a 90/10 co-insurance payment per year.
(c) Employee Contribution. The contribution by officers and sworn members
[employees] who desires single health insurance coverage for the self-funded insurance
program of the City of South Bend shall be $10.00 per month in plan year 1993. The
contribution by an officer or a 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 1993. The monthly contribution for officers and sworn
members [employees] for both single and dependent coverage in plan year 1994 shall
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South Bend Police Salary Ordinance
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(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 requirements 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 nonprobationary 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 to Leave City Insurance Program. The City
shall pay Forty Dollars ($40.00) 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
Forty Dollar($40.00)payment per month.
(f) Life Insurance. The City shall provide term life insurance coverage in the
amount of Ten Thousand Dollars ($10,000.00) 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.
SECTION VIII. Drug Testing Policy.
The terms of a drug and alcohol testing policy shall be subject to the approval of the
Board of Public Safety for all officers, sworn members and recruits of the South Bend
Police Department.
SECTION IX. Working Agreement.
In the event that the wage and benefit package is ratified by the members of the Fraternal
Order of Police Lodge No. 36, the Common Council recommends that the Chief of
Police's order requiring dress ties for uniformed officers of the South Bend Police
Department be vacated for calendar years 1993 and 1994. The Common Council further
recommends that the Working Agreement not contain a Bill of Rights Article for calendar
years 1993 and 1994.
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 first day of January
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 and after its passage
by the Common Council and approval by the Mayor.
Step en Lu c,e,Pres' ent
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***CONFIDENTIAL***
SUMMARY OF THE CITY OF SOUTH BEND
AND FOP NEGOTIATING TEAMS
TENTATIVE AGREEMENT
Bank 1993 Annual Pay J3ase Increase - '93
Lieutenants $27,525 $225
Sergeants 26,375 225
Corporals 25,220 185
1st Class 21,300 94
Item 1993 '93 Amount Increased
Clothing Allowance $900 $146
Holiday Pay 700 80
Insurance Bonus 130
Rank 1994 Annual Pay Base Increase - '94
Lieutenants $28,025 $500
Sergeants 26,875 500
Corporals 25,720 500
1st Class 21,800 500
Item j1.994 Amount Increased
Clothing Allowance $1,000 $100
Holiday Pay 800 100
Gun/Radio 500 300
In the event that the wage and benefit package is ratified by the Fraternal Order of Police,
Lodge No. 36 and notice of such ratified is delivered to the City Clerk by Monday July 27,
1992, an acceptance bonus shall be paid as follows:
All officers and sworn members of the South Bend Police Department who are
employed at the time of the effective date of the ordinance fixing annual pay and
monetary fringe benefits for 1993 and 1994 shall be paid a one time acceptance
bonus of$1,220 payable in the amount of$610.00 following the first regular pay
period of January 1993 and the amount of $610.00 payable following the last
regular pay period of December 1993.
Longevity Pay
Officers and sworn members holding the rank of corporal or above, shall receive
additional compensation in recognition of cumulative service as follows:
Cumulative Years of Service j993 Annual Compensation
10-14 $365
15-19 500
20 + 850 ($1(X) increase over current rate)
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Confidential Summary of City/FOP Tentative Agreement
Pale 2
Cumulative Years of Service j994 Annual Compensation
10-14 $400 ($35 increase)
15-19 550 ($50 increase)
20+ 1,000 ($150 increase)
Speciality Pay Changes: j993 1.994
SOS Undercover $1,400 ($400 increase) $1,500 ($100 increase)
Hostage Negotiators $ 500($50 increase) 500
River Rescue * 450 500($50 increase)
N.E.S.T. 450 500 ($50 increase)
*Said speciality pay would only be paid in the event a search/rescue and enforcement team is established.
Insurance Benefits
• Health Care Insurance Committee Continued
• $750.00 Annual Deductible
• 70/30 Co/insurance up to$1,500
• Preferred Provider Organization (PPO)may be established with 90/10 co/insurance.
• $10.00 per month single coverage in 1993
• $40.00 per month family coverage in 1993
• $50.00 per month family coverage in 1994
• Option of$130.00 insurance bonus or rate adjustment
• Flexible spending account(old Cafeteria Plan)continued at$500.00
• $40.00 per month payment if officers leave the City's insurance program
• $10,000.00 Life Insurance
• 60 day benefit waiting period for life,comprehensive and short term disability
programs
• 90 day benefit waiting period for long term disability program.
Working Agreement Changes:
• Deletion of language referencing the Duty Manual and ordinances and the City's
right to amend in several areas of the Agreement.
• Incorporates a Drug/Alcohol Testing Program addressing pre-employment, for
cause, post accident, probable cause, and random drug testing; addresses testing and chain
of possession procedures, split samples, laboratory analysis, medical review, designates of
a 3rd party testing agency,and limits the number of random tests per year.
Miscellaneous:
• Vacation of the requirement of dress ties for uniform officers in 1993 and 1994.
• Bill of Rights Proposal withdrawn for 1993 and 1994.
04 5�U''�� ;� '��'��,,, City of South Bend
, ,�� d Common Council
qi1� ' •a f County-City Building•South Bend,Indiana 46601
1865
(219)284-9321
Fax(219)284-9173
July 27, 1992
Stephen Luecke
President Members of the Common Council
Sean Coleman 4th Floor County-City Building
Vice-President South Bend, Indiana 46601
Ann Puzzello RE: Substitute Bill No. 56-92-Police Department Salary Ordinance
Chairman,Committee
of the Whole Dear Council Members:
On behalf of the City Negotiating Team, I am attaching Substitute Bill No.
Stephen Luecke 56-92 which establishes maximum salaries for members of the Police
First District Department of the City of South Bend for calendar years 1993 and 1994.
Cleo Washington As you are aware, a joint negotiating team made up of administrative and
Second District legislative members a tentative agreement was reached with the FOP
Negotiating Team for a two year wage and benefit package with the FOP
Roland Kelly Negotiating Team last week. Members of the City Team included: Kevin
Third District C. Horton, Thomas L. Bodnar, Stephen Luecke, Ann Puzzello, Eugene
Ann Puzzello Ladewski, and Kathleen Cekanski-Farrand.
Fourth District
You will find attached a two page summary of the basic terms of the
Linas Slavinskas tentative agreement immediately prior to the proposed Bill. In the event that
Fifth District the package is not ratified by the members of the FOP Lodge No. 36, the
proposed acceptance bonus would become null and void.
Thomas Zakrzewski
Sixth District As members of the City Negotiating Team, we recommend this Ordinance
Sean Coleman
to you and request that it be passed. Thank you.
At Large
Sincerely,
Loretta Duda
At Large
Stephen Luecke, Council President
Eugene Ladewski
At Large
Ann Puzzello, Chairperson
Personnel and Finance Committee
Kathleen Cekanski-Farrand
Council Attorney
Gene Ladewski
Chairperson Public Safety Committee