Loading...
HomeMy WebLinkAbout9865-08 Annual Pay and Monetary Fringe benefits of Police Officer's of the SB Police Dept for calendar year 2009ORDINANCE No. sass-0e Passed by the Common Council of the City of South Bend, Indiana September 22, 20 08 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana September 23, 20 08 City Clerk President of Common Council City Clerk Approved and signed by me September 2 3 , 20 0 8 Ordinance No. 1 0 ~S O o Substitute Bill No. 56-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2009 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-8-3-3, ¶ (d), the South Bend Common Council, as the legislative body of a second class city is charged with establishing before September 30~' the annual compensation of all members of the South Bend Police Department. On April 28, 2008 the South Bend Common Council unanimously adopted Resolution No. 3861-08 which appointed an agent/negotiator for the labor negotiations with the Police Negotiating Team representing the Fraternal Order of Police, Lodge No. 36. For the past several weeks, the City's Advisory Negotiating Team whose membership included Personnel and Finance Committee Chairperson Thomas LaFountain, Health and Public Safety Committee Vice-Chairperson Ann Puzzello, Personnel and Finance Committee Member Oliver Davis; and alternate members Council Member Karen L. White, Chairperson of the Health and Public Safety Committee; and Council Member Henry Davis, Jr., Health and Public Safety Member; City Controller M. Catherine Fanello, City Attorney and Agent for the Board of Public Safety Charles Leone, Board of Public Safety Attorney Thomas Bodnar, Police Chief Darryl Boykins, Division Chief Jeff Walters, Division Chief Gary Horvath, and the Council's Agent/Negotiator Kathleen Cekanski-Farrand has been meeting with the Police Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36 whose membership included Lt. Scott Ruszkowski, FOP President; Corporal Dan Moryl, FOP Vice-Chairperson; Sgt. Steve Noonan, FOP Wage Team Chairperson, Sgt. James Walsh, FOP Vice-Chairperson, Lt. Scott Bryant, Corporal Jeff Ransberger, Corporal Dave Johnson, Detective Sgt. John Szuba, Detective Sgt. Gene Eyster and Leo T. Blackwell, FOP attorney and Chief Spokesperson. The salary and monetary fringe benefits set forth in this ordinance are in keeping with the goals and objectives established by the South Bend Common Council, the City Administration and the Police Administration. The ordinance is believed to be in the best interests of the South Bend Police Department, and the best interests of the City of South Bend, Indiana; so that public safety will continue to be a top priority, in light of the very challenging fiscal times facing the city. `/ !QC(lj VG/~~Ei9~Pj ~ L~~Qf/IZBf~ ~ Gf~P ~O~I7Z00~i ~QQCUi7CGfi ~i GILP `Y~'•"~' Q~~-/ VVP/I2fG~ Ana, as follows: !/ (/ Section I. Recognition. The South Bend Common Council recognizes the Police Negotiating Team which represents the Fraternal Order of Police as the sole bargaining agent for the sworn members of the South Bend Police Department, for purposes of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance, excepting the Police Chief, Division 2009 South Bend Police Department Salary Ordinance Page 2 Chiefs and Captains who are governed by Indiana Code § 36-8-1-12. Section II. Annual Pays and Lateral Entry. (a) Annual Pay for Sworn Members of the South Bend Police Department: Maximum annual pay for the sworn members of the South Bend Fire Department for calendar years 2009 shall be as follows: Rank 2009 Police Chief $ 78,621 Division Chiefs $ 72,112 Captains $ 62,232 Lieutenants $ 53,633 Sergeants $ 51,432 Corporals $ 49,563 1St Class Police Officer $ 44,453 (b) Annual Pav for Entry Level Officer: The following entry level pay classification is established as follows: 2009 $41,500 (c) Lateral Entry: The Common Council authorizes the South Bend Police Department to offer between $1,000 to a maximum of $3,500 as a one-time bonus to any individual found to be eligible and qualified to be a candidate on the South Bend Police Department who has the requisite law enforcement experience and certification(s) for such a lateral entry onto the department. Section III. Additional Areas of Compensation. (a). Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in the 2009 calendar year. (b). 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 four (4) hours of pay for appearing on his or her scheduled day off; and a minimum of two (2) hours of pay for appearing when off-duty on a regular scheduled workday. (c) Overtime Pav: 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 2009 South Bend Police Department Salary Ordinance Page 3 be paid at the rate of one and one-half (1 %2) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments. (d) Critical Duty Day Pay Stipend: A critical duty day pay stipend is established in the amount of one hundred fifty and 00/100 dollars ($150.00). There shall be six (6) critical duty days established by the Board of Public Safety by proper Board Resolutions for calendar year 2009. Officers or sworn members assigned to Family Violence/Special Victim's Unit, County Metro Homicide or the South Bend Community School Corporation, shall, 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. (e) Shift Premium Pays: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Tune of Detail 2009 Afternoons $800 Detective Bureau (nights) $700 Midnights $1,350 Half Shift Detail $270 NEST $540 (f) Seniority-Shift Incentive Premium Pays: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2009 Afternoons $950 8 years or more of service or rank above corporal Midnights $1,200 8 years or more of service or rank above corporal (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 DutX 2009 NEST $750 SOS Undercover $5,000 SOS $1,000 K-9 Unit $1,000 SWAT $1,000 Bomb Technician $1,000 2009 South Bend Police Department Salary Ordinance Page 4 Tune of Special Duty 2009 Hostage Negotiator $650 Uniform Crime Scene Technician $350 Uniform Sergeant Pro-Pay $350 Rapid Response (CUT) $350 (h) Detective Classification Pay: ~ A qualifying sworn member within the pay classification of Sergeant who has been assigned to be an Investigator on a continuing basis and who began receiving pay under a previous salary ordinance for such work as an Investigator in the Investigative Division is considered grandfathered. Such qualifying Sergeant shall continue to receive an additional annual pay in the total amount of six hundred sixty three and 00/100 dollars ($663.00) in calendar year 2009. Said pay shall be paid on a divisible amount which is paid on a bi-weekly basis. Said pay shall be prorated in any year a qualifying Sergeant retires, resigns or otherwise leaves employment. (i) Investigator Pro-Pay: A sworn member who is assigned to be an Investigator on a continuing basis who qualifies after eighteen (18) continuous months of such service shall be paid at a rate equivalent to the pay of a Sergeant. (j) Field Training Officer (FTO~X: A qualified Field Training Officer (FTO) shall be entitled to forty and 00/100 dollars ($40.00) per day for each day which such person is qualified, assigned and performs field training activities with new recruits. (k) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts. One-fourth (1/4) of the annual sums listed shall be paid each calendar quarter: 2009 $1,200 (1) Lon evity PaX: Qualifying 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 at the following amounts between January 1, 2009 through June 30, 2009; and shall not be attributed to the annual salary base for pension purposes. Said longevity pay shall be paid with regular payroll amounts throughout the designated herein and shall be as follows: Cumulative Years of Service on SBPD Commencement Date Amount 10-14 years ~ Beginning in the l lth year $415 15-19 years Beginning in the 16th year $575 20 years and over Beginning in the 21St year $1,050 Effective July 1, 2009, Qualifying 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 at the following amounts effective July 2009 South Bend Police Department Salary Ordinance Page 5 1, 2009; and shall not be attributed to the annual salary base for pension purposes. Said longevity pay shall be paid with regular payroll amounts throughout the designated herein and shall be as follows: Cumulative Years of Service on SBPD 10-14 years 15-19 years 20 years and over Commencement Date Amount Beginning in the l lih year $450 Beginning in the 16th year $675 Beginning in the 21St year $1,225 (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 for approved course tuition: Course Grade 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 Tuition reimbursement shall be on a "first come, first serve" basis only up to the maximum amount budgeted for such purposes for a particular calendar year by the Council. All governing regulations must be complied with by a qualifying officer or sworn member in order to be paid any tuition reimbursement. (n) The Operation Safe Neighborhood Reimbursement program is hereby terminated effective December 31, 2008. (o) On-Call Duty Pays: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty 00/100 dollars ($650.00) per category for calendar year 2009 and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to 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: Arson Investigator County Metro Homicide Investigator Investigative Division On-Call Duty Officer County Metro Homicide Technician Major Crimes Investigator Family Violence/Special Victim's Unit Major Crimes Technician Traffic On-Call Diagramer Sex Offense Investigator Traffic On-Call Duty Officer (p) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all members of the South Bend Police Department in an amount of not less than twenty thousand dollars ($20,000). 2009 South Bend Police Deparhnent Salary Ordinance Page 6 (q). Health Insurance: Each sworn member and officer of the South Bend Police Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. The monthly contribution for health insurance coverage for active sworn members and officers of the South Bend Police Department for calendar year 2009 shall be at the same rate as those in calendar year 2008. The monthly contribution for police pensioners who are members of the Fraternal Order of Police, Lodge No. 36 who retire after January 1, 1997, and who desire coverage from the City's self-funded insurance program for calendar year 2009 shall be at the same rate as those in calendar year 2008. Retired police officers who are not members of the Fraternal Order of Police South Bend Lodge No. 36 shall pay an additional $50.00 per month, as maybe further addressed in a letter of agreement. (r). Individual Flexible Spending Account: The City of South Bend shall continue to contribute five hundred dollars ($500.00) to each South Bend Police Department sworn member's and each officer's individual flexible spending account in calendar year 2009, so long as such individual was employed as of October 1st of the previous calendar year. 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 ' s passage by the Common Council and approval by the Mayor. ~) ~ ~Q3uncil ember Thomas LaFountain Perso el and Finance Chairperson City's Advisory Negq~tiating Team Member Co~Cin~il~'olember Ann Pu~l'~o Health and Public Safety Vice- Chairperson City's Advisory Negotiating Team Member 2009 South Bend Police Department Salary Ordinance Page 7 Council Member Karen L. White ~~ Health and ~ti~ic Safety Chairperson Cat ' A }~iso Negotiating Team Member-Alternate ' b~6liver Davis d Finance Committee Member isep~(~egotiating Team Member ounci ber enry Davis, Jr. Health and Public Safety Committee Member City's Advisory Negotiating Team Member-Alternate Vo rde, City Clerk ~~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the Z3 day of September, 2008, at L ~ 3c o'clock ~. m. '~ Jani Talboom, Deputy Clerk >~brauedand~ned by me on the ~ day of September, 2008, at 3 o'clock~.~-n . m. 1 st READING ~ ~ g~ ~~ Q,S S~(,~S-~•~'a~j PUBLIC HEARING ~-u' g 3 rd R EAD WG ~_ 2..L-oG ct S 5 c~t~~S~~' ~•~ NOT APPROVED REFERRED PASSED L ~ LZ--O ~ a S S t,~.~s'~1 ~~~ Stephen J. Luecke(/ Mayor of the City of South Bend, Fi{~~' '~: :'~ office 5~,~- oa, L~eS ';-~, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 56-08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR-2009 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 as substituted by anew page 1 and 3. Derek Dieter Chairperson, Committee of the Whole ~ SpU TH $~~ ,~„~ ~!, ~ City of South Bend ~~ \ PEACE ~~ ~ u~~/` ~ • --: a Common Council M 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 Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District AI "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney September 3, 2008 Members of the South Bend Common Council 4~' Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 Fax (574)235-9173 TDD (574) 235-5567 http://www southbendin.gov Re: 2009 Salary and Monetary Fringe Benefit Ordinance for Sworn Members of the South Bend Police Department Dear Council Members: As your representatives on the City Advisory Negotiating Team, we are pleased to submit the attached ordinance for your review, discussion and approval. This ordinance will establish maximum salary and fringe benefit amounts for sworn members of the South Bend Police Department for 2009. This financial package is the result of many weeks of collective bargaining. The City Advisory Negotiating Team which represented the Common Council, the Board of Public Safety, and the Police and City Administrations bargained with the Police Negotiating Team which represented sworn members of the Fraternal Order of Police, Lodge No. 36. The negotiations were focused, informative, educational, and thought-provoking. As a result of the shared public safety interests discussed, the City Advisory Negotiating Team recommends approval of this package. We are pleased to report that the tentative agreement reached on August 12, 2008, between the negotiating teams was ratified by a vote of 124 in favor, and 15 against. This represents a 87.3% vote in favor of the entire package by the sworn members of the Fraternal Order of Police, Lodge No. 36. Some of the key provisions of the monetary package which we are recommending for your approval include the following: Operation Safe Neighborhoods Program will cease on December 31, 2008 with those funds being used to assist in paying for police uniform allowance increase of $200 per officer Effective July 1, 2009, the longevity program will adjust the amounts paid to police officers as follows: officers having 10-14 years of service will receive an additional $35; officers with 15-19 years of service will receive an additional 2009 Salary & Monetary Fringe Benefit Ordinance September 3, 2009 Page 2 $100 and those officers with 20 years of service and more will receive an additional $175 • Shift incentive and seniority shift incentive pays for the 2nd and 3rd Details will increase by $100 each, effective January 1, 2009 • Each police rank will receive an across the board salary increase of 2.2% effective January 1, 2009 • All other monetary fringe benefit amounts will remain at 20081evels As members of the City Advisory Negotiating Team, we would like to thank each and every member of the Police Negotiating Team representing Fraternal Order of Police, Lodge No. 36 for their dedication to the collective bargaining process. As the result of both teams hard-work, the best possible package, which is fair and reasonable, resulted, after many hours of debate and analysis. We recommend that the South Bend Common Council refer this ordinance to the Personnel and Finance Committee and the Health and Public Safety Committee for a joint meeting to be scheduled for Monday, September 22nd. We further recommend that this ordinance be passed that evening by the Common Council. As noted in the joint press release issued by the FOP and the City on August 12~' when the teams reached a tentative agreement, the package "...assures that public safety will continue to be a top priority in the City of South Bend in light of very challenging fiscal times". Thank you. ouncil Member Ann Puzzello ember Citv~s Advisory~legotiating Team Member Co cil Member Karen L. White ember City's Advisory Negotiating Team-Alternate City's Advisory Negotiating Team-Alternate ~~ ~~ l Kathleen Cekanski-Fa at . Council's Agent ~~`~i~ ~~"i~;t'~' a C?~f~ce SE° - ? _,„ JOHN VOORDE CITY CLERK, S0.0EN0, IN.