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HomeMy WebLinkAboutSUBSTITUTE Bill No. 56-22 Proposed 2023 Police Salary Ordinance 'soliTH ,,,,,, City of South Bend 0 't6=, (574)235-9321 4 ;PWz1, ,01-1 Fax(574)235-9173 Common Council TDD(574)235-5567 IA PEACE http://www.southbendin.gov ',1% Jti^`�� 441 County-City Building• 227 W.Jefferson Blvd South Bend,Indiana 46601 1865 _ October 21, 2022 . , __ Karen L.White ` OCT; 2,1 2022 President L _ Q South Bend Common Council .;,P- _ J Sharon L.McBride C, �,Cn7` ' uf5l','.1:L Vice-President 4th Floor, County-City Building i:�`SOu T H BEND, IN Sheila Niezgodski South Bend, IN 46601 Chairperson,Committee Re SUBSTITUTE ORDINANCE OF THE COMMON COUNCIL OF of the Whole THE CITY OF SOUTH BEND,INDIANA,FIXING THE ANNUAL PAY Canneth Lee AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF First District THE SOUTH BEND POLICE DEPARTMENT FOR Henry Davis,Jr. CALENDAR YEARS 2023, 2024,AND 2025 Second District Sharon L.McBride Dear Council Members: Third District On September 20, 2022, I submitted for first reading, the proposed monetary and Troy Warner fringe benefits and Salary Ordinance for sworn members of the South Bend Police Fourth District Department for filing.You will recall several blank spaces in the ordinance.That was because negotiations with the FOP Lodge No.36 were ongoing. However,in order to Eli Wax comply with the necessary three readings and public hearing before the statutory Fifth District deadline for adopting a budget,the proposed ordinance had to be filed for first reading at our September 26, 2022, meeting. I am now submitting a substitute bill that Sheila Niezgodski contains the negotiated terms of Salary Ordinance. I ask that this substitute bill be Sixth District placed on the Personnel and Finance Committee agenda for discussion and on the full Council agenda for second and third readings and public hearing on October 24,2022. Karen L.White At Large Thank you for your consideration. Rachel Tomas Morgan At Large Sincerely yours, Lori K.Hamann SAVtiak At Large -M C-3441, I Sharon McBride, President, South Bend Common Council Filr'r:: 7`^ 4',3 OCT: 2:1 2022 SUBSTITUTE BILL NO. 56-22 1 _J DAWN M.JOi':ES ORDINANCE NO. 10891-22 CITY CLERK, SOU; i PEND, 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 2023, 2024,AND 2025 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 1',the annual compensation and monetary fringe benefits of the South Bend Police Department. The City of South Bend is concurrently negotiated a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36. 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 Pay Classifications; Recruit Pay; Lateral Entry; and Career Development Incentive Programs. (a) Annual Pay Classifications for Sworn Members of the South Bend Police Department. Annual pay for the sworn members of the South Bend Police Department, including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2023, 2024,and 2025 shall be set as follows: Pay Classification 2023 2024 2025 Police Chief $ 122,557 $ 128,072 $ 133,515 Division Chiefs 112,650 117,719 122,722 Captains 99,313 103,782 108,193 Lieutenants 79,867 83,461 87,008 Sergeants 76,890 80,350 83,764 Detectives 71,778 75,008 78,196 Patrolman First Class 70,822 74,009 77,154 Patrolman Second Class 62,624 65,442 68,223 (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 2nd Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2023 2024 2025 Police Recruit $ 56,765 $ 59,319 $ 61,840 (c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between three thousand five hundred dollars($3,500.00)to ten thousand dollars($10,000.00)as a one- time bonus,to be paid in equal quarterly installments in the first year of employment,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 City of South Bend Employee 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: 1. Upon an individual, who has been recruited by a City of South Bend Employee, graduating from the Indiana Law Enforcement Academy, the sum of three hundred dollars ($300.00) shall be allocated for payment for that City of South Bend Employee who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of five hundred dollars($500.00)shall be allocated for City of South Bend Employee who assisted in the recruitment. 3. For the City of South Bend Employee to be eligible to receive the bonuses described above, 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 City of South Bend Employee 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 their 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 City of South Bend Employee in order for them 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 City of South Bend Employee, who verifiably assists in the recruitment and hiring of any new full-time lateral sworn police office is eligible for a one-time bonus payment of five hundred dollars ($500.00). Said bonus shall only be processed for payment upon the following conditions being met: 1. 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 sworn member of the South Bend Police Department; • 2. Verification of the City of South Bend Employee's recruitment activities and their timely completion of all required forms with the South Bend Police Department; 3. The lateral police officer candidate, completed the annual mandatory training program addressing domestic violence, use of force training, firearms training, and emergency vehicle operations training; and 4. All Police Department regulations governing this program must have been complied with by the City of South Bend Employee in order for them 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, firearms training, emergency vehicle operations training; and provided all of the documentation which verify the completion of the following degrees/hours: Degree 2023 2024 2025 Associate Degree or 60 credit hours $450 $450 $450 Bachelors Degree(BS/BA) $600 $600 $600 Masters Degree or higher(JD,PhD, etc.) $850 $850 $850 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 sworn member of the South Bend Police Department is required in order for them to be eligible to be paid under this program. Qualifying sworn 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. 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, '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 for Veterans Beginning or Continuing Careers in Law Enforcement is available at http://www.theiamorgivets2cops 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 2023 2024 2025 Two (2)years of past U.S. military $450 $450 $450 active duty service Four(4)years of past U.S. military $600 $600 $600 active duty service Six(6) or more years of past U.S. $850 $850 $850 military active duty service 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 City of South Bend Employee, 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 five hundred dollars ($500.00). 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 sworn member's recruitment activities and their timely • completion of all required forms with the South Bend Police Department; iii. 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 City of South Bend Employee in order for them 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 who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military, 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 2023 2024 2025 Two(2)years of past U.S. military $450 $450 $450 active duty service • Four(4)years of past U.S. military $600 $600 $600 active duty service Six(6)or more years of past U.S. $850 $850 • $850 military active duty service 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 sworn 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 their new personal residential address is located within the South Bend City limits. This relocation bonus. may not exceed two thousand dollars ($2,000.00) for each qualifying full-time sworn member in each calendar year. 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: 2023: $ 3,500.00 maximum payable on or before December 15, 2023 2024: $ 3,500.00 maximum payable on or before December 15, 2024 2025: $ 3,500.00 maximum payable on or before December 15, 2025 (c) Court Time Pay: If an officer or sworn member of the South Bend Police Department appears under subpoena, court order, or at the request of City Legal during off-duty hours before any court, administrative body(i.e. civil,probate, Board of Public Safety, Alcohol Beverage Board, etc.), or at the County Prosecutor's Office to validate a complaint or warrant pertaining to incidents investigated by such officer as a result of their duty assignment, whether civil or criminal in nature, excepting only disciplinary matters in which the officer concerned is the accused, said officer shall receive overtime pay. Such court time shall be paid at two (2) times the officer's regular rate of pay. • a. When such appearance is in-person or requires the officer's testimony under oath, the officer 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. b. For all other appearances, such as virtual (by phone, computer, or other electronic means), the officer shall receive a minimum of one(1)hour of pay for appearing on their scheduled day off or when off-duty on a regular scheduled work day. Officers regularly assigned to the third detail, who are not otherwise on-duty, shall receive a minimum of: i. Four(4)hours of pay when such appearance is in-person or requires the officer's testimony under oath. ii. Two (2)hours of pay for all other appearances. (d) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly scheduled workday,they shall be entitled to overtime pay. Such sworn member shall be paid at the rate of two(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 two hundred and fifty dollars($250.00).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 Special Victim's Unit 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 their regular duty assignments. (0 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: Type of Detail 2023 2024 2025 Second Detail [Afternoons] $2,200 $2,200 $2,200 Third Detail [Midnights] $3,000 $3,000 $3,000 Detective Bureau [Evenings] $1,200 $1,200 $1,200 (g) 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 2023 2024 2025 Strategic Focus Unit $2,100 $2,100 $2,100 K-9 Unit $1,200 $1,200 $1,200 SWAT $1,200 $1,200 $1,200 Bomb Technician $1,200 $1,200 $1,200 Hostage/Crisis Negotiator $1,000 $1,000 $1,000 Uniform Crime Scene Technician $1,000 $1,000 $1,000 Homicide Crime Scene Technician $200 $200 $200 Patrol Shift Supervisory Sergeant Pro-Pay $450 $450 $450 Rapid Response(RRT) $450 $450 $450 Diagrammer $700 $700 $700 Detective Bureau—Violent Crimes $1,000 $1,150 $1,200 Detective Bureau—Major Crimes $250 $350 $500 Traffic(TDO, FACT) $500 $500 $500 • (h) 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 their 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 2023 2024 2025 Limited English Proficiency(LEP) $400 $400 $400 Sign Language Proficiency $400 $400 $400 • with such incentive program payments being limited to the total yearly amount budgeted for the same. (i) Field Training Officer (FTO) Pay: A qualified Field Training Officer(FTO) shall be entitled to FTO day for each day which such person is qualified,assigned and performs field training activities with new recruits. 2023 2024 2025 FTO Daily Rate $50 $50 $50 (j) Division Chief Stipend: The Chief of Police may assign one (1) Division Chief to be "acting Chief' when they are unavailable. Said Division Chief shall receive a stipend of one thousand dollars ($1,000.00)per year. (k) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts to be paid each year in December: 2023 2024 2025 Annual Cash Allowance $500 $500 $500 (1) 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 Commencement of Service on SBPD Date 2023 2024 2025 4—9 years Beginning 5th year $1,500 $1,500 $1,500 10— 14 years Beginning 11t year $3,000 $3,000 $3,000 15 — 19 years Beginning 16th year $4,500 $4,500 $4,500 20—24 years Beginning 21st year $6,000 $6,000 $6,000 25+years Beginning 26th year $6,000 $7,500 $8,500 (m)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 e Maximum Amount Reimbursed by the City of South Bend A 100% of tuition costs only up to a maximum of$1,500 B 75%of tuition costs only up to a maximum of$1,000 C 50%of tuition costs only up to a maximum of$500 Officers and sworn 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 allocated 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 two thousand five hundred dollars ($2,500.00) per calendar year to any officer or sworn member participating in the program. All governing regulations must be complied with by any officer or sworn member who participates in the program as a condition of being paid any tuition reimbursement. (n) 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, 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. (o) On-Call Duty Pays: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty dollars($650.00)per category per year, 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 Detective Bureau Traffic On-Call Diagrammer Traffic On-Call Duty Officer (p) 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. (q) Health Insurance: Each active sworn 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. Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse of such pensioner meets the State minimum standards for pension eligibility and immediately able to draw a pension, and shall cease when such pensioner, or the dependent spouse of such pensioner, reaches sixty-five(65)years of age or become Medicare-eligible,as further addressed in the 2023-2025 Working Agreement, 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. Sharon McBride, 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 , 2022, at o'clock ,m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock _n James Mueller, Mayor City of South Bend, Indiana Fi! r 'r ^ �rl`'S Mice OCT; 21 2022 •DAWN M.JONES CITY CLERK, SOUTH BEND, IN Karen L. White President Sharon L. McBride Vice -President Sheila Niezgodski Chairperson, Committee of the Whole Canneth Lee First District City of South Bend Common Council 441 County -City Building * 227 W. Jefferson Blvd South Bend, Indiana 46601 j September 20, 2022 South Bend Common Council 41h Floor, County -City Building South Bend, IN 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov r L!� >> �. t 1. 02 C , Ci fir. ti:', T, . :M7 �.. Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITYOF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2023, 2024, AND 2025 Henry Davis, Jr. Dear Council Members: Second District Sharon L. McBride I am attaching the proposed monetary and fringe benefits and Salary Ordinance for Third District sworn members of the South Bend Police Department for filing. You will notice several blank spaces in the ordinance. That is because negotiations with the FOP Troy Warner Lodge No. 36 are ongoing. However, in order to comply with the necessary three Fourth District readings and public hearing before the statutory deadline for adopting a budget, the proposed ordinance should be filed for first reading at our September 26, 2022, Eli Wax meeting. A substitute bill will be submitted before second and third readings and Fifth District public hearing on October 10, 2022. Sheila Niezgodski Sixth District I ask that this bill be scheduled for first reading on September 26, 2022 and assigned to the Personnel and Finance Committee for second reading, followed by third reading At Largee Karen White and public hearing at the full Council meeting on October 10, 2022. Rachel Tomas Morgan Thank you for your consideration. At Large Lori K. Hamann Sincerely yours, At Large Sharon McBride, President, South Bend Common Council BILL NO. 56-22 ORDINANCE NO. 'sled in Clerk's office i SAP 2 0 2Q2i 5 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 2023, 2024, AND 2025 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 1st, the annual compensation and monetary fringe benefits of the South Bend Police Department. The City of South Bend is negotiating a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36. 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 H. Sworn Member Annual Pay Classifications; Recruit Pay; Lateral Entry, and Career Development Incentive Programs. (a) Annual Pay Classifications for Sworn_ _Members of the South Bend Police Department. Annual pay for the sworn members of the South Bend Police Department, including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar years 2023, 2024, and 2025 shall be set as follows: Pay Classification 2023 Police Chief Division Chiefs Captains Lieutenants Supervisory Sergeants Investigators Patrolman First Class Patrolman Second Class 2024 2025 (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 2nd Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2023 2024 2025 Police Recruit (c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between dollars ($ to dollars ($ ) 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: 1. 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 dollars ($� shall be earmarked for payment for that sworn member of the South Bend Police Department who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of dollars ($ 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 sworn police office is eligible for a one-time bonus payment of dollars ($ Said bonus shall only be processed for payment upon the following conditions being met: 1. 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 sworn 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; The sworn 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 sworn 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 Pragratn. 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: Degree Associate Degree or 60 credit hours Bachelors Degree (BSBA) Masters Degree or higher (JD, PhD, etc.) 2023 2024 2025 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 sworn member of the South Bend Police Department is required in order for him/her to be eligible to be paid under this program. Qualifying sworn 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 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 2023 2024 2025 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 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 dollars ($�}. 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 sworn 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. Transition Guide for Veterans Beginning or Continuing Careers in Law Enforcement is available at http://www.theiaep.org/vets2cops 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 2023 2024 2025 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 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 sworn 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 dollars for each qualifying full-time sworn member in each calendar years. 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: 2023: $ maximum payable on or before December 15, 2023 2024: $ maximum payable on or before December 15, 2024 2025: $ maximum payable on or before December 15, 2025 (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 sworn member shall receive a minimum of (_) hours of pay for appearing on his or her scheduled day off, and a minimum of (-__) hours of pay for appearing when off -duty on a regular scheduled workday. (d) Overtime Pay: If a sworn 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 (__) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. (e) Critical Duty D4y Pay Stipend: A critical duty day pay stipend is continued in the amount of dollars ($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: Type of Detail Second Detail [Afternoons] Third Detail [Midnights] Strategic Focus Unit Investigative Division [evenings] 2023 2024 2025 (g) Seniority -Shift incentive Premium Pates: 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: Type of Detail 2023 2024 Second Detail [Afternoons] — 8 years or more of service Third Detail [Midnights] — 8 years or more of service 2025 (h) Special Duty Pa +ems: 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 Strategic Focus Unit K-9 Unit SWAT Bomb Technician Hostage Negotiator Uniform Crime Scene Technician Patrol Shift Supervisory Sergeant Pro -Pay Rapid Response (RRT) Diagrammer Certified Meth Technician 2023 2024 2025 (i) Limited English Proficiency (LE�pecialty Pay and Sign Language Proficiency incentive Pav_: 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 Pa Limited English Proficiency (LEP) Sign Language Proficiency 2023 2024 2025 with such incentive program payments being limited to the total yearly amount budgeted for the same. (j) Field Training Officer (F T D) Pay: A qualified Field Training Officer (FTO) shall be entitled to dollars ($ per day for each day which such person is qualified, assigned and performs field training activities with new recruits. (k) Division Chief St p : 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 dollars ($`) per year. (1) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts: 2023 2024 2025 Annual Cash Allowance (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 Commencement Date Beginning 5' year Beginning I I' year Beginning 16' year Beginning 21" year 2023 2024 2025 (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 Maximum Amount Reimbursed by the City of South Bend A _% of tuition costs only up to a maximum of $_ B _% of tuition costs only up to a maximum of $ C _% of tuition costs only up to a maximum of $_ Officers and sworn members who wish to participate in this program must give notice to the Services Division Chief prior to registering for a course which has tuition fees, so that funds may be earmarked for potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited to a maximum reimbursement amount of dollars ($ per calendar year to any officer or sworn member participating in the program. All governing regulations must be complied with by any officer or sworn member who participates in the program as a condition of being paid any tuition reimbursement. (o) Voluntary Physical Fitness Pro : 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, 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 dollars ($ per category per year, 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 sworn 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. 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 Working Agreement, as to be approved by the Board of Public Safety. Section IV. Sererability. 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. Sharon L. McBride, 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 . 2022, at o'clock . In. Approved and signed by me on the m. Dawn M. Jones, City Clerk Office of the City Clerk day of 2022, at _ o'clock James Mueller, Mayor City of South Bend, Indiana