HomeMy WebLinkAboutFixing the Annual pay and Monetary Fringe benefits of Members of the South Bend Police Department 1990, 1991 and 1992 � S • f
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ORDINANCE No. 7996-89
Passed by the Common Council of the City of South Bend, Indiana
July 24, 89
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Attest: �:`�`-� - City Clerk
IRENE K. GAMMON
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Attest: 61-" r. President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
July 25, 89
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City Clerk
IRENE K. GAMMON
Approved and signed by me July 27 �9 89
`-‘4"`""`"4--- Mayor
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Substitute
Bill No. 54-89
Ordinance No. �`1 q0"6� l
AN ORDINANCE FIXING THE ANNUAL PAY AND
MONETARY FRINGE BENEFITS OF MEMBERS OF
THE SOUTH BEND POLICE DEPARTMENT FOR
THE CALENDAR YEARS 1990, 1991, and 1992
STATEMENT OF PURPOSE AND INTENT
Indiana State law (I.C. 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 seven-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 over the past several months.
In the early morning hours of Saturday, July 8, 1989, a
"Settlement Agreement" was reached between the two (2)
negotiating teams. As a result, the FOP Wage Committee
agreed to recommend acceptance to their body, and the City
Negotiating Team agreed that if the tentative agreement was
ratified, that the City Negotiating Team would recommend
passage of an appropriate ordinance approving the primary
items.
On Monday, July 17, 1989, the official ballots of the
Fraternal Order of Police, Lodge No. 36, addressing the wage
package were counted. The F.O.P. membership ratified the
package by a substantial margin.
The following ordinance incorporates the recommended
annual pay and monetary fringe benefits for sworn members of
the South Bend Police Department for calendar years 1990,
1991, and 1992 .
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
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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 1990, 1991, and 1992, shall be as follows:
Rank 1990 1991 1992
Police Chief $40,455 40,950 42, 150
Division Chiefs 36,780 37,280 38,250
Captains 32,580 33, 080 34, 050
Lieutenants 26,335 26,485 27, 300
Sergeants 25, 185 25, 335 26, 150
Corporals 23,735 24,085 25, 035
Patrolmen First Class 20, 071 20,256 21, 206
Although Recruits are not sworn members of the South
Bend Police Department, the Common Council hereby
establishes their annual pay as follows:
1990 1991 1992
Recruits $18, 000 $18,000 $18,250
(b) In the event that a Local Option Income Tax
becomes effective and tax income from the Local Option
Income Tax is received by the City of South Bend, Indiana,
in 1991 and 1992, each rank listed in subsection (a) herein
shall receive $280. 00 over its listed salary base in 1992
only, which shall not be attributed to the annual salary
base for pension purposes.
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 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 sworn member is off-duty, that sworn member shall be
paid overtime. Such court time pay shall be paid at the
overtime rate of pay. Such 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 (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 sixty-two dollars ($62.00) for each of the annual
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(e) Shift Premiums:
Officers and sworn members, scheduled to work
afternoon or midnight shifts shall be entitled to the
following shift premium pay:
1990 1991 1992
Afternoon $400 $425 $450
Midnights $450 $475 $500
(f) 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:
1990 1991 1992
Special Weapons and
Tactics (SWAT) $425 $460 $500
K-9 Units 425 460 500
Bomb Technicians 425 460 500
Hostage Negotiators 400 400 400
Special Operations
Section (SOS) 425 460 500
SOS Undercover 1,000 1, 000 1,000
(g) Gun/Radio Allowance:
Each officer and sworn member shall be entitled to
the following gun/radio allowance:
1990 1991 1992
$200 $500 $200
(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:
1990 1991 1992
$754 $754 $754
Said clothing allowance shall be prorated in any year a
sworn member or officer retires, resigns, or otherwise
leaves employment.
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(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 1992 only,
shall not be attributed to the annual salary base for
pension purposes, shall be paid with regular payroll amounts
throughout 1992, and shall be as follows:
Cumulative Years Annual
of Service Compensation
10-14 years Beginning in the
11th year - $365
15-19 years Beginning in the
16th year - $500
20 + years Beginning in the
21st year - $750
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 1990, 1991, and 1992 :
O - 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 1990 and 1991;
O - 1 year of service - 1 day per month after six
(6) months
1 - 3 years of service - 9 days annually
4 - 5 years of service - 11 days annually
6 - 10 years of service - 14 days annually
11 - 15 years of service - 17 days annually
16 - 19 years of service - 20 days annually
20 years of service and over - 23 days annually
and shall be entitled to vacations pursuant to the following
schedule in 1992 :
O - 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
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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, 1992,
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 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,
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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.
(3. ) Officers who wish to be paid the cash value
of his/her frozen accumulated time account during 1989 or
1990, including officers who plan to retire in those years,
must advise the Chief of Police in writing no later than
June 30, 1989. Payments for 1989 requests will be made no
later than the last week of December, 1989 and payments for
1990 requests will be made no later than the last week of
June, 1990.
The City will fix a maximum amount of money available for
1989 accumulated time buy outs and will process the requests
for 1989 payment according to seniority. If there is not
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
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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. 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 Board 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 Board to review, under the direction
of the City Controller, on a regular basis the activities of
the City's Health Care Insurance Program.
SECTION VIII. Health Insurance.
(a) Employee contribution. The contribution by
officers and sworn members for single health insurance
coverage for the self funded insurance program of the City
of South Bend shall be ten dollars ($10. 00) per month in
plan years 1990, 1991, and 1992 . The contribution for
dependent coverage shall be Forty Dollars ($40.00) per month
in plan years 1990, 1991, and 1992 .
(b) In an effort to control health care costs, the
City's current health insurance package shall be modified
beginning with the 1990 plan year to provide a program
containing comprehensive major medical health insurance that
includes a $500 annual deductible and shall be subject to an
80/20 coinsurance payment to a limit of $1,200 per year
excluding any fee charged in excess of the then prevailing
rates of medical services as established by the Health
Insurance Carrier for the City of South Bend.
(c) Cafeteria Plan Contribution. The City shall
contribute Five Hundred Dollars ($500. 00) to each
employee's individual health spending account. The
contribution shall be made annually on the first Monday of
the plan year.
(d) The City shall pay Thirty Dollars ($30. 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 may
return to the City's program provided that the conditions of
the City's insurance plan are met, and contributions in the
(e) 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. 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.
SECTION IX. Working Agreement.
The Common Council further acknowledges that the
"Settlement Agreement" provided that the "parties agree to
negotiate in good faith on a working agreement and have it
presented to the Board of Public Safety on or before April
1, 1990 for approval to be effective from date of approval
forward. Said Agreement shall include language providing
for binding arbitration for work related issues and shall
not include a Bill of Rights. "
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.
Ai' / ° %' . i
Me re
-of the Com f Council
1st READING 7-/&-
PUBLIC HEARING 7-011/-F7
3 rd READING 7-a I-i5
NOT APPROVED
REFERRED %/ I .mot_,
PASSED _7-dU-V%j Ce.00Lani-dlee >/
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City of South Bend * ` '
SpUTH 8 111
°4 ' Common Council
ri, ci/ �:G
9// ���` � � ::�;I County-City Building • South Bend, Indiana 46601
I111 \186 j=J/
(219) 284-9321
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Ann Puzzello July 21, 1989
President
Members of The South Bend Common Council
Donald Niezgodski 4th Floor County City Building
Vice-President South Bend, Indiana 46601
Stephen Luecke Re: Substitute Bill No. 54-89
Chairman. Committee South Bend Police Department Salary
of the Whole Ordinance for Calendar Years 1990,
1991, and 1992
Stephen Luecke Dear Council Members:
First District
I am pleased to present for your review and
Donald Niezgodski approval Substitute Bill No. 54-89 which sets
Second District forth the wage and fringe benefit package for
the South Bend Police Department.
William Soderberg
Third District As I announced on Monday, July 17, 1989, members
Ann Puzzello of Fraternal Order of Police, Lodge 36, voted by
Fourth District a 119 to 38 margin to ratify the three-year
package.
Linas Slavinskas
Fifth District I was priviledged to serve as Chair Person on
the combined negotiating team representing the
Thomas Zakrzewski City Council, City Administration, and Board of
Sixth District Public Safety. Our team members included John
Sean Coleman Voorde, Bill Soderberg, Katie Humpreys, Tom
At Large Bodnar, Kathy Hubbard, and our chief negotiator
Kathleen Cekanski-Farrand.
Loretta Duda
At Large Throughout negotiations, this negotiating team
remained hard-working and professional, while
John Voorde working toward our goal of reaching agreement
At Large through good faith bargaining.
Kathleen Cekanski-Farrand
Council Attorney
I would also like to thank the FOP Negotiating
Team made up of Doug Radican Chairman, Larry
Zurat, John Szuba, John Williams, Ian McQueen,
Cindy Eastman, and Joseph Simeri, Attorney.
Ratification of the wage package by the FOP
marks for the first time in recent memory that
such a proposal was approved by the rank and
file. This is indeed a credit to the FOP
Negotiating Team.
I believe that through the City's combined
efforts and that of the positive efforts
reflected across the bargaining table by both
teams, that not only will the South Bend Police
Department benefit, but also the entire City of
South Bend.
I urge you to support this commitment by the
passage of the attached substitute bill. Thank
you.
Sincerely, /
/ /
'nn Puzzello, Council President
AP:srk
Attachment