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Home My WebLink AboutAppointing an Agent/Negotiator for the advisory City Negotiating Team for the 2008 Fire Department and Police Department NegotiationsRESOLUTION 3861-08 Passed by the Common Council of the City of South Bend, Indiana April 28, 20 8 Attest: r1 --~ City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 29, 20 08 ~.~-~ ~, City Clerk Approved and signed by me May 2, 200 8 RESOLUTION NO. 3 ~~~ -~ g A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS G~1~~ua, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments..."; and ~~i~eua, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and G~l~eaa, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and G~~ii~aa, the Common Council received written communication from a representative of the South Bend Firefighter's Association Loca1362 requesting that negotiations begin no later than May 1St; and similar communication from a representative of the Fraternal Order of Police, South Bend Lodge No. 36 is expected to be received shortly; and c~l~eaa, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and financial matters subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and c~1~~a, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.1(b)(2)(A); and G~1~~, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and c~le~ead, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations. 2008 Fire and Police Negotiations Resolution Page 2 cJYaug V~ex~e, le rt xeaoG~ea/ , 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 Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski- Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which would have a fiscal and/or budgetary impact. Section II. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, resource persons and other matters in consultation with the South Bend Common Council and City Administration so that she and the Advisory City Negotiating Team may have positive, harmonious and successful labor negotiations which are reasonable, fair and fiscally sound. Section III. This resolution shall be in full force andef`fec'6m ~iSl'aft~' its ~.doption by the Mayor. Large Tim y ~ouse j t Large _ ,c.~.-- Karen L. White, At Large ohn oorde, City erk r'KEStNTED ~~~0 -~v NOT APPROYEfl~/ ADOPTEq ~ t,`Z~-fig ~i>rv'`°ved and C~r~eu/ tlzra / [_~`' a~a'i °~ 2008. ,~ Stephen . Lue ayor City of South Bend, Indiana Find In C1erk'~ Ci~ice APR 2 3 2003 J~~`41'd~vi0~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING ANAGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Derek D. Dieter Chairperson. Committee of the Whole s~UTH 8~ '', ~ tY '~'~'''''~'''' ~° Ci of South Bend ~~~~ !%d Wi, \ ~\EACE/j ' ~ ~ ~ ~- '~ a Common Council A 1865 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Oliver J. Davis Vice-President Derek D. Dieter Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Apri123, 2008 Members of the South Bend Common Council 4~' Floor County-City Building South Bend, IN 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://ww~v southbendin.gov Re: Resolution to Appoint Council's Agent & Chief Negotiator for the 2008 Negotiations with the Fire and Police Departments Dear Council Members: As you are all aware, this is a negotiating year with the negotiating teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department. Ann Puzzeilo We are presenting a resolution to appoint the Council's Agent and Chief Fourth District Negotiator for these negotiations. We are also attaching a copy of the April 14, 2008 minutes from the Health and Public Safety Committee where this David Varner topic was discussed. Fifth District Oliver J. Davis We seek your unanimous support of this resolution. Thank you. Sixth District Most sincerely, Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney Council Member Karen L. White, Chairperson H 1'h and P is Safety ittee Y ber ~ Puzzello, Vice-Chairperson Health and Pu lic Safety Committee Timothy use Council President Attachments filed iii Cter'~'s Office ApR 2 3 2008 JC`,i`! VOG~+CE CITY CLERK, 8^. ~E?!D, !N. cc: Mayor Stephen J. Luecke Fire Chief Howard Buchanon II Police Chief Darryl Boykins Board of Public Safety