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HomeMy WebLinkAbout07-31-72 Council Special Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + +++ + + + + + + + + + + + + + + + + + + ++ SPECIAL MEETING JULY 31, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in special session in the Council Chambers of the County -City Building on Monday, July 31, 1972 at 8:00 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. City Clerk Irene K. Gammon read the call for the special meeting as follows: "To the Members of the Common Council: NOTICE OF SPECIAL MEETING OF THE COMMON COUNCIL You are hereby notified that there will be a Special Meeting of the Common Council of the City of South Bend, Indiana, on the 31st day of July, 1972 at 8:00 P.M. in the Council Chambers, County -City Building, for the purpose of: Second Reading on an ORDINANCE amending the Refuse Ordinance of the City of South Bend, Indiana. and First and Second Reading on AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1973 AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1973 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1973 AND ENDING DECEMBER 31, 1973, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE ~:EFFECT. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET`:THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1973. The Chief of Police or any member of the Police Force is directed to serve a copy of this notice to each member of the Common Council and make due return hereon. Dated: July 28, 1972 f ATTEST: /s/ Irene K. Gammon IRE E° -`K. GAMMON, CITY CLERK /s/ Roger 0. Parent /s/ Odell Newburn /s/ Peter J. Nemeth /s/ Walter Szymkowiak /s/ Walter T. Kopczynski /s/ Frank Horvath /s/ Robert Taylor /s/ Terry Miller /s/ Joseph,Serge The within call came to hand this 28th day of July, 1972, which I served by reading the same to each of the Council members upon the date designated. /s/ Michael D. Palmiter, #142 Member of the South Bend Police Department ROLL CALL: PRESENT: Councilmen Serge, Szymkowiak, Parent, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: Councilman Miller The chair recognized Mrs. Constance Green, 3222 Dunham Street, for the purpose of making a statement. Mrs. Green spoke as Vice President of the Women's Political Caucus. She said that they would like to make it a matter of public record that they are filing a civil rights suit on behalf of women employees for the discrimination and lack of consistency in granting cost of living increases to city employees. Mr. David Calabria, of the Human Relations and Fair Employ- ment Practices Commission, said that the Commission was interested in the salary ordinance as it relates to the salaries of women, particularly since the Commission's secretary will be making $100 less next year than previously. The Commission wishes to urge the Council to prevent such an injustice from occurring. Councilman Taylor asked Mr. Calabria on what information he based the claim that the secretary would be making $100 less. Mr. Calabria said on the basis of the maximum salary in her present classification. Councilman Taylor said that the statement was incorrect because if she received a change in classification, her salary would go up. SPECIAL MEETING JULY 31, 1972 Council President said that the first item of business on the agenda was the Second Reading on an ORDINANCE amending the Refuse Ordinance of the City of South Bend, Indiana. Councilman Parent said that he would object to the second reading of the ordinance because of lack of time. He said that, since the ordinance is already set for public hearing on August 14th, he would like to move to set the second reading of the ordinance for August 14th the same time as the public hearing. The motion was seconded by Councilman Kopczynski and carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE 5415 -72 AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1973 This ordinance had first reading by title and second reading in full. Councilman Newburn moved to amend the Ordinance as follows: In Section II: Education Incentive to be paid must be for courses related to police work. Credit hours used toward incentive pay must be completed with a passing grade. Councilman Parent seconded the motion and it carried. Councilman Parent moved to amend the ordinance as follows: In Section II: For time spent in court appearances and overtime work - $5.00 per hour as determined by the Chief of Police. Councilman Kopczynski seconded the motion. Councilman Nemeth asked if this means the Chief would also determine the pay per hour. Councilman Newburn said that would remain at $5.00 per hour. Councilman Nemeth said that adding the clause to the end of the sentence might make the meaning unclear. Councilman Parent then said he would withdraw his original motion and propose another amendment as follows: For time spent in court appearances and overtime work, as determined by the Chief of Police, $5.00 per hour. Councilman Kopczynski seconded the motion to amend and it carried. Councilman Nemeth said the chair would entertain a motion to delay action on this ordinance until completion of the first and second reading on the Firemen's Pay Ordinance, so moved by Councilman Parent, seconded by Councilman Kopczynski. Motion carried. ORDINANCE 5416 -72 AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1973. This Ordinance was given first reading by title and second reading in full. Councilman Parent made a motion that the amount in Section II, Line Six, for regularly assigned scuba divers be changed to $225 per year. Councilman Taylor seconded the motion and it carried. Councilman Taylor made a motion that the Council suspend the rules and hold public hearings on both these ordinances and third reading at this time. Councilman Horvath seconded the motion and it was carried unanimously. A public hearing was held on these ordinances at this time. Council President Nemeth asked Vice President-Szymkowiak to assume the chair. Mr. Nemeth then made a presentation for the two ordinances. The ordinances propose a 5.5% across the board pay increase for police and firemen. There have been amendments made tonight in regard to pay for scuba divers and restrictions on educational incentive pay. Also, the Chief of Police is to determine what constitutes court appearance and overtime work on the part of a police officer at the rate of pay of $5.00 per hour. The police pay ordinance does include a clause providing a $100 per month bonus for service after 20 years on the department, subject to the recommendation of the Board of Public Safety. Mr. Nemeth said that the Chiefs of both Departments were present to answer questions and that he would also be glad to try to answer any questions. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that her organization had recommended that all pay increases be held to 3 %. She said it is their opinion that the 5.5% guidelines must include all fringe benefits and asked if these had been included in the computation. Private John Nelson, Chairman of the Fire Department Wage Committee, said that they had applied to the pay board for a waiver and perhaps the city had received an answer to that request. Deputy City Controller Charles Watkins said that, to his knowledge, they had not received any information on this matter. Councilman Nemeth said that the changes recommended as far as the bonus is concerned would cost the city less money, because a retired policeman would receive $4000 plus dollars per year. Councilman Parent said that the 5.5% increase was based on last year's salary which included the fringe benefits, so they were not exceeding the guidelines. Mr. Carl Zwierzynski, President of the South Bend Firefighter's Association, Local 362, AFL -CIO, spoke representing members of his organization. He said that the 5.5% increase is not equal to a cost of living increase because the men won't get the increase until January, 1973. He asked why the clothing allowance for the Police Department is $300 and for the Fire Department only $250. He asked why the $100 monthly bonus was offered only to policemen who stay on the job after 20 years service. He said that a firefighter with 20 years experience, who has done his job well, has earned this also. He said that this only widens the disparity that exists between the departments now. He said you are dealing with a problem of morale when you continue with a greater disparity. He said that they had invited a Councilman to bring his colleagues to one of the fire stations to gain some infor- mation about the department but no one showed up. Fire Chief Jack R. Bland spoke to the Council on the subject of disparity. He said that in the mid- 1960's, as Chairman of the Fire Department Wage Committee, he fought the first fight against disparity between the two departments. At that time, it was non - existent but not it is broaden- ing every year. He said he fails to see the reasoning that a firefighter doing his work well is, for some reason or other, of less value than a man who carries a gun and enforces the law. The South Bend community is affected by both police work and fire work. It is difficult to under- stand why one is of greater value than the other. The men are concerned with the reason for the existence and elongation of any disparity between the two departments. Mrs. Janet Allen, 125 W. Marion Street, said that she is disturbed by this disparity between the departments, also. She said that it started out in one classification and now exists in four classifications. A fire- fighter first class is paid less than a policeman first class. She also asked whether the increase for scuba divers also included the drivers. She said that if you elect to pay a policeman a $100 bonus for staying on after 20 years of service, he might be earning mare than a Division Chief. Mr. Nelson questioned the rate of overtime pay for holidays and said that for a policeman working eight hours it amounts to $4.00 per hour and for a fire fighter, working twenty -four hours, it amounts to $1.21 per hour. Council President Nemeth resumed the chair and thanked Vice President Szymkowiak for conducting that portion of the meeting. The Council then proceeded with their portion of the public hearing. Councilman Serge asked Chief Bland how long a firefighter remains on duty when he is recalled. Chief Bland said that the recall lasts as long as the fire exists or until the Chief releases the men. Councilman Serge asked the Chief why there are more firemen than policemen in,.-South Bend. Chief Bland said that the methodology of fire fighting has changed considerably. We now have a 26 -story building in South Bend. The new high rise buildings are out of range of the tallest aerials, requiring a great deal of manpower to haul hose and equipment to extinguish fires. Chief Bland said that twelve men were dropped from the 1970 budget. He said the city is having more fires with more severe destruction and the need is for personnel. Councilman Serge asked SPECIAL MEETING JULY 31, 1972 PUBLIC HEARING (CONTINUED) the Chief if men who make application for the Fire Department are tested to see if they are capable of doing the job. Chief Bland said that the men are on a nine -month probationary period and the department can wash a man out if he does not meet the standards of the job. Councilman Serge asked what can be done if a man cannot do the work after the probationary period has elapsed. Chief Bland said that disciplinary measures would be taken if a man did not do his job. Councilman Szymkowiak said that he has a great respect for both the police and fire departments. He said he is opposed to any disparity between the departments. He said the duties of one department are just as hazardous as the other. He feels there should be no dis- crimination of one department over the other. He said he feels the $100 bonus after twenty year., of service should also apply to the Fire Department. Councilman Parent said he does not approve of the disparity either but it goes back to a situation created under the previous administra- tion. He said he would be in favor of remedying the disparity but the difficulty is that the maximum raise allowed is 5.5% and in order to remedy the disparity this year would either put one department over the 5.5/ figure or cause lowering of the rate proposed for the other depart- ment. He said this is something to consider for the future. He said that the matter of the bonus came to the Council as a request from the Police Department Wage Committee. The Council is trying it as an experiment in one department to see what happens. Councilman Kopczynski asked Chief Bland if he had figures on the number of lives lost on duty since 1934. Chief Bland said that he did not have those figures at hand but could get them. Councilman Kopczynski said that he did have those figures from the Police Department and that figures like these are helpful to the Council in making decisions on salary increases. Chief Bland said that a national survey showed that the death and injury rate for fire fighters is the highest in the United States of any group of workers. Councilman Kopczynski said that he was interested in the figures for the City of South Bend and asked Chief Bland how many fire fighters are on dis- ability pension in South Bend. Chief Bland said that there are 35 to 40 at the present time. Councilman Kopczynski said that he would like factual information in order to know how to budget insurance and other items for the department. Councilman Horvath said that he is in sympathy with the firemen about the disparity but does not feel anything can be done about this now in view of the 5.5/ guidelines. He said that other employees of the city were only given a 4% increase. He said that a young man going on the Fire Department at the age of 22 can retire after 20 years of service at the age of 42. He said that the pension cost for this man from age 42 to age 62 is approximately $90,000. He said there is no private industry where a man can retire at age 42 and draw a pension. The departments may not be making top pay but over the years they are getting,their fair share. Councilman Newburn said that he is opposed to any dis- parity in pay for the two departments. He said he is concerned that police department personnel are not finding ways to implement new methods gained by attendance at various schools, such as F.B.I. Schools, and so forth. He said the amendments he offered tonight were to give assurance there would be new educational programs in the Police Department. Councilman Nemeth said he is confident that the police and firemen are performing their jobs to the best of their ability. He said that the Council is also trying to perform its job to the best of its ability. Council- man Taylor moved to amend the Fire Department salary ordinance as follows: In Section 2, Line 6, change the amount of pay for regularly assigned drivers from $180 to $225 per year. The motion was seconded by Councilman Newburn. Councilman Serge asked if this applied to the ambu- lance drivers. Fire Chief Bland explained that the ambulance drivers are paid the same as regular drivers. Councilman Kopczynski asked Chief Bland if firemen are subject to a mandatory physical examination after a certain age. Chief Bland said no. Councilman Kopczynski asked how it was determined if a man was physically fit after 20 years on the job. Chief Bland said that such a mandatory physical examination would require an ordinance unless it is in violation of the state law. Councilman Kopczynski asked Chief Bland several questions regarding the rank of engineer on the Fire Department and whether the various ranks were based on skill or hazard. Chief Bland said that rank is based on skill. The question was called on the motion to-amend and the motion carried. Councilman Szymkowiak moved that there be no disparity between salaries of the police and fire departments. The motion was seconded by Councilman Parent. Councilman Taylor asked how this would be accomplished, by lowering the percentage of the police raise or by violating the federal guidelines. Councilman Horvath said that before the Council made a decision on this issue they should consider what it would cost. Councilman Szymkowiak moved for a ten minute recess, seconded by Councilman Taylor, and carried. Time 9:25 p.m. The Council reconvened at 9:45 p.m. Councilman Szymkowiak amended his motion to read: Pay for a Lieutenant to be $10,790; Engineer $9,968; Fireman First Class $9,263, and Fireman $8,559. A roll call vote was requested on the amendment. The motion failed by a roll call vote of three ayes (Councilman Szymkowiak, Parent and Newburn) and five nays (Councilmen Serge, Taylor, Kopczynski, Horvath and Nemeth). One absent (Councilman Miller). Councilman Horvath made a motion that the ordinance setting police salaries be passed as amended. Seconded by Councilman Kopczynski. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one absent (Councilman Miller). Councilman Kopczynski made a motion that the ordinance setting firemen's salaries be passed as amended, seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one absent (Councilman Miller). The Council recessed at 9:55 p.m. to allow the City Controller time to recompute the changes in the salary ordinances. The meeting reconvened at 10:30 p.m. ORDINANCE AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1973 AND ENDING DECEMBER 31, 1973, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This Ordinance had first reading by title and second reading in full. Councilman Horvath made a motion that the ordinance be set for public hearing on August 28, 1972. Seconded by Councilman Newburn. The motion carried. SPECIAL MEETING JULY 31, 1972 ORDINANCE AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1973. This Ordinance had first reading by title and second reading in full. Councilman Serge made a motion that the ordinance be set for public hearing on August 28, 1972, seconded by Councilman Taylor. Motion carried. There being no further business to come before the Council, Councilman Taylor made a motion to adjourn, seconded by several. The motion carried and the meeting adjourned at 11:00 p.m. ATTEST: AP ROVED: 41.� /<- pli � A , CITY CLERK +++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +� s