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HomeMy WebLinkAbout53-20 2021 Ordinance for Annual Pay and Monetary Fringe Benefits for the South Bend Police DepartmentKaren L. White President Sharon L. McBride Vice -President Sheila Niezgodski Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Jake Teshka Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large City of South Bend Common Council 441 County -City Budding • 227 W. Jefferson Blvd South Bend, Indiana 46601 South Bend Common Council 4a' Floor, County -City Building South Bend, IN 46601 Re: Bill No. 53-20 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov September 22, 2020 Filed in Clerk's Office F-sEF.F 22 2020DAW',n.:v�j S CITY CLERK, SOUTH, BEND. IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2021 AND 2022 Dear Council Members: As you know, the deadline for passing the 2021 City budget is November 1, 2020. A significant part of that budget includes the pay and monetary fringe benefits of sworn members of the South Bend Police Department. In order to have adequate time for public hearing and Council discussion in time to pass an ordinance fixing these amounts at the Council's October 26, 2020 meeting, first reading on the ordinance should be scheduled for the Council's September 28, 2020 meeting. Negotiations for a new police contract are ongoing. For this reason, many of the details in this proposed ordinance remain blank. These blanks will be filled in when a substitute bill is submitted following completion of negotiations. The substitute bill may, or may not, include all the provisions of the current bill. The final form of the substitute bill will be determined after negotiations are completed. We ask that this proposed bill be given first reading at the Council's September 28, 2020 meeting and assigned to the Personnel and Finance City of South Bend (574) 235-9321 Fax (5574) 235-9173 TDD (v74)2beti17 Common Council htq)://wwiv.sot,-thbetidiri.gov 441 Counq-Cin Building 0 227 W. Jefferson Blvd South Bend, Indiana 46601 Committee for discussion prior to second reading and public hearing on October 12, 2020. Thank you for your consideration. Sincerely yours, Karen L. White, South Bend Common Council, Member at Large Jake Teshka, South Bend Common Council, Fifth District jljltl�' Sheila Niezgodski, South Bend Common Council, Sixth District Filed in Clerk's Office Skl' 2 2 20201 BILL NO. 53-20 � JJ DAV ORDINANCE NO. CITY CLERK, SOUTH (SEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2021 AND 2022 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, ¶ (d) is charged with establishing before November I", the annual compensation of the South Bend Police Department. The City of South Bend has negotiated a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36 for the two calendar years beginning January 1, 2021 and ending December 31, 2022. This ordinance sets forth the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Police Department as defined in Indiana Code § 36-8-1-9; salaries of the First Class Patrolman as defined in Indiana Code § 36-8-1-11; salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains, who are governed by Indiana Code § 36-8-1-12. Section II. Sworn Member Annual Pav Classifications; Recruit Pav; Lateral Entry; and Career Development Incentive Programs. (a) Annual Pav Classifications for Sworn Members of the South Bend Police Department. Annual pay for the swom members of the South Bend Police Department, including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2021 and 2022 shall be set as follows: Pay Classification 2021 2022 Police Chief Division Chiefs Captains Lieutenants Supervisory Sergeants Investigators Patrolman First Class Patrolman Second Class (b) Police Recruit Annual Pay. A Recruit of the South Bend Police Department shall be classified separately from sworn members of the Department. A Recruit shall complete the State of Indiana training program or its equivalent and commence duties as an officer before being sworn in as an officer of the South Bend Police Department. Upon the effective sworn date, a Recruit shall be paid as a Patrolman 2"d Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2021 2022 Police Recruit (c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between to as a one-time bonus to any individual found to be eligible and qualified to be a candidate on the Department, who has the requisite law enforcement experience and certification(s) for such a lateral entry into the South Bend Police Department. Any sworn member who received monies pursuant to this Lateral Entry Program and who leaves employment from the South Bend Police Department before his/her one (1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all lateral bonus monies received. A lateral entry officer with two (2) years or less of service as a certified officer shall enter the South Bend Police Department as a Patrolman Second Class. Upon completing Field Training Program (FTO), such lateral officer shall be eligible for promotion to Patrolman First Class. (d) Police Officer Recruitment Bonus Program. The Police Officer Recruitment Bonus Program which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn member of the South Bend Police Department, who assists in the recruitment and hiring of any full-time new sworn police officer, may be eligible upon Department verification of each of the stages listed below: Upon an individual, who has been recruited by a South Bend Police Department sworn member, graduating from the Indiana Law Enforcement Academy, the sum of shall be earmarked for payment for that sworn member of the South Bend Police Department who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of shall be earmarked for that sworn member of the South Bend Police Department who assisted in the recruitment. 3. For the sworn member of the South Bend Police Department to be eligible to receive the bonuses described above, the candidate who recruited the candidate must have successfully completed the specified phase of the hiring process and be hired by the South Bend Police Department as a full- time sworn member. Any sworn member of the South Bend Police Department desiring to participate in the Police Officer Recruitment Bonus Program shall be required to timely complete all required forms with the Department, and upon verification of his/her recruited candidate successfully meeting the hiring standards, processing for payment of the recruitment bonus shall commence. All Police Department regulations governing this program must be complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. (a) Lateral Police Officer Recruitment Incentive Program. The South Bend Police Department Lateral Police Officer Recruitment Incentive Program which originally became effective January 1, 2015, shall continue in full, force and effect. Any sworn member of the South Bend Police Department, who verifiably assists in the recruitment and hiring of any new full-time lateral swom police office is eligible for a one-time bonus payment of Said bonus shall only be processed for payment upon the following conditions being met: The lateral police officer candidate successfully completed a Law Enforcement Training Board-certified 40 -hour Pre -Basic Course, and is hired as a full-time swom member of the South Bend Police Department; 2. Verification of the sworn member's recruitment activities and his/her timely completion of all required forms with the South Bend Police Department; 3. The swom member, who recruited the lateral police officer candidate, completed the annual mandatory training program addressing domestic violence, use of force training, fire arms training and emergency vehicle operations training; and 4. All Police Department regulations governing this program must have been complied with by the swom member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. (b) Police Officer Education Incentive Program. The South Bend Police Department Education Incentive Program which originally became effective January 1, 2015, shall continue in full, force and effect. In order to be eligible under this program, a person must be classified as a full-time South Bend Police Department sworn member, must have successfully completed at least one (1) year of full-time service on the South Bend Police Department, and must have completed the annual mandatory training program addressing domestic violence, use of force, fire arms training, emergency vehicle operations training; and provided all of the documentation which verify the completion of the following degrees/hours: Required Documentation 2021 2022 Associate Degree or 60 credit hours Bachelors Degree (BS/BA) Masters Degree or higher (JD, PhD, etc.) Written proof from the educational institution certifying the completion of such degree and/or hours, along with compliance with all Police Department regulations governing this program by the swom member of the South Bend Police Department is required in order for him/her to be eligible to be paid under this program. Qualifying swom members shall be paid at the highest degree only, with such payment being made in December of each calendar year. (c) Former U.S. Military Recruitment and Retention Incentive Programs.' The South Bend Police Department Former U.S. Military Recruitment and Retention Incentive Programs which originally because effective January 1, 2015, shall continue in full, force and effect. ' The International Association of Chiefs of Police (IACP) in partnership with the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA), has published a guidebook for service members who are transitioning out of the military and are considering a law enforcement career. That publication entitled Combat Veterans & Law Enforcement: A Transition Guide far Veterans Beginning or Continuing Careers in Law Enforcement is available at http://www.theiacy.org/vets2coi)s 1. One -Time Military Recruitment Bonus: In order to be eligible for a one-time military recruitment bonus, which may be offered to any individual found to be eligible and qualified, who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military and desires to join the South Bend Police Department as a full-time sworn member after January 1, 2015, said individual would be eligible to one (1) of the following bonus incentive payment amounts upon graduating from the Indiana Law Enforcement Academy: Service Length Two (2) years of past U.S. military active duty service Four (4) years of past U.S. military active duty service Six (6) or more years of past U.S. military active duty service 2021 2022 Such one-time bonus incentive payment shall be paid at the highest year of U.S. military active duty service experience only, upon proof of such service and tenure being substantiated and verified utilizing the submission by the person requesting the bonus of the Report of Separation, DD -214 issued by the Defense Department. Any person, who received such a bonus incentive payment and who leaves his/her employment with the South Bend Police Department before his/her one (1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all bonus monies received under this program. 2. Police Officer Recruitment Bonus Program for Recruiting Former U.S. Military Service Member. Any sworn member of the South Bend Police Department employed with the Department, who verifiably assists in the recruitment and hiring of any new full-time sworn police officer who is a former U.S. military service member is eligible for a one-time bonus payment of . Said bonus would only be processed for payment upon the following conditions being met: i. The former U.S. military service member who is a police officer candidate successfully completed a Law Enforcement Training Board-certified 40 -hour Pre - Basic Course, and is hired as a full-time sworn member of the South Bend Police Department; ii. Verification of the swom member's recruitment activities and his/her timely completion of all required forms with the South Bend Police Department; iii. The sworn member who recruited the former U.S. military service member who is a police officer candidate completed the annual mandatory training program addressing domestic violence, use of force training, firearms training and emergency vehicle operations training; and iv. All Police Department regulations governing this program must have been complied with by the sworn member of the South Bend Police Department in order for him/her to be qualified and eligible to be paid under this program. 3. Former U.S. Military Retention Incentive Program. The South Bend Police Department Former U.S. Military Retention Incentive Program which originally because effective January 1, 2015, shall continue in full, force and effect. In order to be eligible, a sworn member of the Department must have successfully completed at least one (1) year of full-time service on the Department and must have completed the annually mandatory training program addressing domestic violence, fire arms training and emergency vehicle operations training, and provide documentation as required by this section with qualified sworn members being entitled to the following: Service Length 2021 Two (2) years of past U.S. military active duty service Four (4) years of past U.S. military active duty service Six (6) or more years of past U.S. military active duty service 2022 Such bonus incentive retention payments shall be paid at the highest year of U.S. military active duty service experience only. Proof of such U.S. military service and tenure must be substantiated and verified by utilizing the Report of Separation, DD -214 issued by the Defense Department. Qualifying sworn members shall be paid said bonus in December of each calendar year. 4. Police Recruitment Relocation to South Bend Incentive. Any new full-time swom member of the South Bend Police Department who is employed after January 1, 2015, would be eligible to apply for a Police Recruitment Relocation to South Bend Incentive, so long as his/her new personal residential address is located within the South Bend City limits. This relocation bonus may not exceed for each qualifying full-time sworn member in calendar years 2021, and 2022 Section III. Additional Areas of Compensation. (a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in each calendar year addressed. (b) City Residency Incentives. Sworn members and officers of the South Bend Police Department, who establish verified legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply any additional department governing regulations on this topic shall be entitled to the following residency incentive bonus: 2021: $ maximum payable on or before December 15, 2021 2022 $ maximum payable on or before December 15, 2022 (c) Court Time Pav: If an officer or 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 officer or swom member shall receive a minimum of four (4) hours of pay for appearing on his or her scheduled day off; and a minimum of two (2) hours of pay for appearing when off-duty on a regular scheduled workday. (d) Overtime Pav: If a swom member is required to remain on duty in excess of the regularly scheduled workday, he or she shall be entitled to overtime pay. Such sworn member shall be paid at the rate of one and one-half (1 '/2) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. (e) Critical Duty Day Pay Stipend: A critical duty day pay stipend is continued in the amount of . There shall be eight (8) Critical Duty Days established by the Board of Public Safety by proper Board Resolution. Officers and sworn members assigned to the Family Violence/Special Victim's Unit, Country Metro Homicide or the South Bend Community School Corporation, while so assigned, shall not be eligible for the Critical Duty Day pay stipend, while working as a part of his or her regular duty assignments. (f) Shift Premium Pays: An officer or sworn member scheduled to work and permanently assigned to any of the following types of detail shall be entitled to the following shift premium pays for such work_ of Detail 2021 2022 Second Detail [Afternoons] Third Detail [Midnights] Strategic Focus Unit Investigative Division [evenings] (g) Seniority -Shift Incentive Premium Pays: Any sworn Patrol Division or Investigative Bureau officer permanently assigned to the afternoon, evening, or midnight shifts shall be entitled to the following additional Seniority -Shift Incentive Premium pays for such work: of Detail 2021 2022 Second Detail [Afternoons] — 8 years or more of service Third Detail [Midnights] — 8 years or more of service (h) Special Duty Pays: An officer or sworn member who is qualified and scheduled to work in special hazardous duty and/or highly specialized areas of service, shall be entitled to receive Special Duty Pay for such assigned and designated specialties: Type of Special Duty 2021 Strategic Focus Unit K-9 Unit SWAT Bomb Technician Hostage Negotiator Uniform Crime Scene Technician Patrol Shift Supervisory Sergeant Pro -Pay Rapid Response (RRT) Diagramer Certified Meth Technician 2022 (i) Limited English Proficiency (LEP) Specialty Pay and Sign Language Proficiency Incentive Pay: A Limited English Proficiency (LEP) Pay Program and a Sign Language Proficiency Incentive Pay Program, overseen by the City's Human Resources Director or his/her designee, who shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform such duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: Type of Special Pay Limited English Proficiency (LEP) Sign Language Proficiency 2021 with such incentive program payments being limited to the total yearly amount budgeted for the same. to 2022 (j) Field Training Officer (FTO) Pay: A qualified Field Training Officer (FTO) shall be entitled per day for each day which such person is qualified, assigned and performs field training activities with new recruits. (k) Division Chief Stipend: The Chief of Police may assign one (1) Division Chief to be "acting Chief' when he/she is unavailable. Said Division Chief shall receive a stipend of per year. (1) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts. One-fourth (1/4) of the annual sums listed shall be paid each calendar quarter: 2021 Annual Cash Allowance 2022 (m) Longevity Pays: Qualifying officers and sworn members holding the rank of Patrolman First Class and above, shall receive addition compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pays shall be paid in the following amounts in each year: Cumulative Years of Service on SBPD 4 — 9 years 10 — 14 years 15 — 19 years 20 — 24 years 25 years and over Commencement Date Beginning 51 year Beginning 11'year Beginning 16' year Beginning 2151 year Beginning 26" year 2021 2022 (n) Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police Department who participate in the Tuition Reimbursement Program shall be entitled to the following maximum dollar amount(s) for approved course tuition: Course Grade A B C Maximum Amount Reimbursed by the City of South Bend Officers and swom members who wish to participate in this program must give notice to the Services Division Chief prior to registering for a course which has tuition fees, so that funds may be earmarked for potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited to a maximum reimbursement amount of per calendar year to any officer or sworn member participating in the program. All governing regulations must be complied with by any officer or swom member who participates in the program as a condition of being paid any tuition reimbursement. (o) Voluntary Physical Fitness Program: The Common Council continues the authorization previously set forth in Ordinance No. 10042-10, Ordinance No. 10192-12, Ordinance No. 10332-14, and Ordinance No. 10472-16 to implement a voluntary physical fitness program during 2021 and/or 2022, which may have the potential of any officer and/or sworn member of the South Bend Police Department who qualifies under the governing policies and procedures implemented by the Department to earn up to a maximum of one (1) personal day per calendar year. Such personal day may not be used, if such usage results in overtime costs to the City. (p) On -Call Duty Pays: Each of the following On -Call Duty Pay categories shall be allotted per category per year for calendar years 2021 and 2022, and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to the frequency of assigned on- call days in the respective category and shall be paid on a quarterly basis. The On -Call Duty Pay categories are as follows: All officers assigned to the Investigative Bureau Traffic On -Call Diagrammer Traffic On -Call Duty Officer (q) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all sworn members and officers of the South Bend Police Department in an amount equal to the amount of the sworn member's and officer's base pay. (r) Health Insurance: Each active swom member and upper level policy makers who are also referred to as officers of the South Bend Police Department 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 other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. The bi-weekly contributions for health insurance coverage for active sworn members and upper level policy makers of the South Bend Police Department for calendar year 2021 shall be as set forth on the attached Exhibit A, which is incorporated herein by reference. The contribution for police pensioners who are members of the Fraternal Order of Police, Lodge No. 36 who retire after January 1, 1997, and who desire coverage from the City's self-funded insurance program for calendar year 2021 shall be as set forth in attached Exhibit A. Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse of such pensioner is fifty-two (52) years of age and shall cease when such pensioner or the dependent spouse of such pensioner reaches sixty-five (65) years of age, as further addressed in the 2021-2024 Working Agreement, as to be approved by the Board of Public Safety. Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Karen L. White, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2020, at o'clock . m. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2020, at _ o'clock James Mueller, Mayor City of South Bend, Indiana