HomeMy WebLinkAboutAppointing an Agent/Negotiator to represent the Common Council for the 2014 Fire and Police NegotiationsAttes
RESOLUTION
4345 -14
Passed by the Common Council of the City of South Bend, Indiana
April 14,
14
20 .
Presented by me to the Mayor of the City of South Bend, Indiana _
April 15, 14
20 _.
City Clerk
dent of Common Council
Approved and signed by me A P g l L— 15-
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City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR
TO REPRESENT THE COMMON COUNCIL AND ADDRESSING AN
ADVISORY CITY NEGOTIATING TEAM FOR THE 2014 FIRE
DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS
% <eiea the Common Council of the City of South Bend, Indiana, acknowledges that pursuant
to Indiana Code § 36- 8- 3 -3(d), the Council has the mandatory duty and exclusive authority to fix by
ordinance the annual compensation for all sworn members of the South Bend Fire Department and the
South Bend Police Department, with the Indiana Court of Appeals confirming in a case involving the
Fort Wayne Police Department in 1980, that the "...Common Council of the City has the sole authority
to set the salaries of the police and fire departments... "; and
the Council further acknowledges that the Indiana Court of Appeals ruled in 1981,
involving the Gary Police Department, that Indiana Code § 36 -8 -4 -4 addressing "annual cash
allowance" for clothing was "compensation" and "annual pay" and therefore under the authority of the
Common Council; and
the Common Council notes that it passed Ordinance No. 10200 -12 on October 29,
2012, which established the annual pay and monetary fringe benefits for sworn members of the South
Bend Fire Department for calendar years 2013 and 2014; and
<ry/re�a5, the Common Council acknowledges that it passed Ordinance No. 10192 -12 on October
22, 2012, which established the annual pay and monetary fringe benefits for sworn members of the
South Bend Police Department for calendar years 2013 and 2014; and
on March 5, 2013 the Fraternal Order of Police Lodge # 36 sent a letter requesting to
enter into negotiations; and
on March 24, 2014 the South Bend Firefighters Association, Local No. 362 of the
International AFL -CIO sent a letter requesting the opening of negotiations; and
(Mm-mw.: in light of both annual pay and monetary fringe benefit ordinances expiring at the end of
this year and in light of the state law deadline of November 1s` to fix such pay and benefits by the
Common Council, it is incumbent upon the Council to formally appoint its Agent and Chief Negotiator
on all matters of compensation, monetary fringe benefits and related fiscal matters so that preparation
for the upcoming negotiations may begin; and
(11T,ea., at the March 19, 2014 meeting of the Board of Public Safety, the Board adopted
Resolution # 17 -2014 where they appointed their agent/negotiator to represent them for upcoming Fire
negotiations and also adopted Resolution # 18 -2014 where they appointed their agent/negotiator to
2014 Council's Agent/negotiator Appointment for Fire and Police Negotiations
Page 2
represent them for upcoming police negotiations on all matters which the Board has responsibility over
pursuant to Indiana Code § 36- 8 -3 -2, et seq.;
(V the Council is mindful of the past achievements where positive negotiations have been
held where a chief negotiator acts as the Council's agent /negotiator along with an advisory city
negotiating team in representing the Council's and Administration's interests and works with the Board
of Public Safety's agent /negotiator who represents the Board's statutory interests.
oro, Ver
Om && r6Wmt4 by the Common Council of the City of South Bend, Indiana, as follows:
Section I. The Common Council hereby appoints Kathleen Cekanski Farrand, a local attorney,
as its Agent and Chief Negotiator for the upcoming labor negotiations with the Fire Negotiating Team
representing South Bend Firefighters Association, Local No. 362 of the International AFL -CIO and the
Police Negotiating Team, representing the Fraternal Order of Police Lodge # 36. Mrs. Cekanski - Farrand
shall be the Council's chief spokesperson and negotiator concerning all matters related to annual
compensation, specialty pays, monetary fringe benefits and items having a fiscal and/or budgetary
impact.
Section Il. The Common Council's agent/negotiator shall coordinate matters of strategies,
research and background preparation, negotiating times, scheduling of executive sessions, contacting
resource persons and other matters in consultation with the Common Council. She shall work with the
Board of Public Safety's Agent/Negotiator and representatives of the City Administration so that all
persons selected to serve on the city's advisory negotiating team may have the opportunity to conduct
positive labor negotiations which are reasonable, fair, fiscally sound ands essfu
Section III . This Resolution shall be in full force
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Dr. David A. Varner, 5`h District
k
John Voorde, City Clerk
PRESENTED \-4 --1 I
&0-1. APPVO.VLD
,> -4_( A--1 Y
its adoption by the
Derek D Dieter, At Large Member
.
G ' rl� a e �ur__
Kar n L. White, At Large Mem er
Neal,
Office
APR;- 3 2014 �
JOHN voozn.s
CITYCLERK, SOUr NEND, IN
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
City of South Bend
Common Council
441 County -City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
April 3, 2014
Members of the Common Council
4th Floor Common Council
South Bend, Indiana 46601
Re: Public Safety Labor Negotiations
Dear Council Members:
(574) 235 -9321
Fax (574) 235 -9173
http: //w ..southbendin.gov
Valerie Schey The unions representing the sworn members of the South Bend Police Department
Third District and the South Bend Fire Department have each sent letters requesting the opening
Fred Ferlic of labor negotiations. Their correspondence is attached.
Fourth District In light of that request and so needed background preparation can begin before
David Varner going to the table, I am introducing the attached Resolution which would formally
Fifth District appoint the Council's agent/negotiator. The Board of Public Safety has already
adopted resolutions to appoint their agent /negotiator.
Oliver J. Davis
Sixth District I request that this Resolution be referred to the Council's Health and Public Safety
Committee. So that this year's negotiations start off positively, I seek your
Derek D. Dieter unanimous support. Thank you.
At Large
Most ,
y s�erel n,;\
Gavin Ferlic ' 1 !\
At Large.'._' /
Karen L. White Derek D. Dieter, Chairperson
At Large Health and Public Safety Committee
Attachments
Filed in C�r v. Office
I PR - 3 ZAIA
JONk V,,)0. 0E
CITY CLERK, SOUTH BEND, IN