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HomeMy WebLinkAboutFixing the Annual Pay and Monetary Finge Benefits of Firefighters for calendar years 2001, 2002, 2003, 2004ORDINANCE No. 9127-00 Passed by the Common Council of the City of South Bend, Indiana August 17, 00 20 Attest: Attest: Presented by me to the Mayor of the Ciry of Soutlz Bend, Indiana August 18, 20 00 Ciry Clerk President of Common Co[rncil Ciry Clerk Approved and signed by me August 18, 20 00 ~~ ~~~~. - -- Mayor Bill No. 59-00 Ord. Na. _ ~ 1 ~~ - ~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2001.2002.2003 AND 2004 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council has the legal responsibility of fixing, by ordinance, the annual compensation of all members of the South Bend Fire Department pursuant to Indiana Code The Board of Public Safety has the exclusive authority to oversee all matters excluding compensation of the South Bend Fire Department pursuant to Indiana Code § 36-8-3-2 (b)(1). The South Bend Common Council and the Board of Public Safety each adapted separate Resolutions earlier this year which appointed the following individuals to serve on a City Negotiating Team, namely: Council Member James Aranowski, Council Member Andrew Ujdak, Council Member Karen L. White and Council Member Roland Kelly, Deputy Attorney Thomas L. Bodnar, Deputy Attorney Cheryl A. Greene, City Controller M. Catherine Roemer, and Kathleen Cekanski-Fatrand as Spokesperson and agent for the Board and the Council. The City Negotiating Team and the Wage and Grievance Committee of the South Bend Firefighters Association, Local No. 362 met over the past several months in labor negotiations which culminated in the parties reaching a tentative agreement on all pay and monetary fringe benefits as well as working conditions on July 26, 2000. The fallowing ordinance sets forth the details of the four-year wage and benefit package which the City's Agent and the City Negotiating Team recommend be approved by the Common Council and the Board of Public Safety. All monetary items under the Council's jurisdiction are addressed in this ordinance, and all working conditions under the Board's jurisdiction are set forth in a separate 85-gage Collective Bargaining Agreement proposed for the Board's review and approval. The members of Local No. 362 will vote by secret ballot on this package on August 15, 16 and 17, 2000, with the results of that vote being announced at the Special Meeting of the Common Council called for the evening of August 17, 2000. In the event that the entire package is ratifted by a majority of those eligible to vote who are members of Local No. 362, the following salary and monetary fringe benefits are recommended to the Council for passage. The following ordinance sets forth a fair and equitable agreement which addresses the goals established by the Council, the Ciry Administration and the Fire Department Administration. This ordinance is therefore unanimously recommended to the South Bend Common Council for passage. ~lo~r> t~r~r~or~> b~ it orba~in~e~ ~ ~ ~ommott ~mttt~i~ o£ t ~it~ o~ ~u~ Cttb~, ~tt~f~t~, as follows: 2001-2004 South Bend Fre Department Salary Ordinance Page 2 Section I. a. The South Bend Common Council recognizes the Wage and Grievance Committee of the South Bend Firefighters Association, Local No. 362, as the sole bargaining agent for the purpose of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance for the employees of the South Bend Fire Department. "Employees" are hereby designated as all sworn members of the South Bend Fire Department excluding the Fire Chief, Assistant Chiefs and Battalion Chiefs for calendar years 2001, 2002, 2003, 2004. b. The Fire Ghief, Assistant Chiefs and Battalion Chiefs of the South Bend Fire Department are hereby designated as "Officers". c. For purposes of this ordinance all "Employees" and all "Officers" of the South Bend Fire Department shall be referred to as "sworn members". d. Service Year Requirements: The following service year requirements shall be in effect: Firefighter Recruit: A civilian who successfully meets the criteria established by the Board of Public Safety and who is attending the South Bend Fire Academy. Firefighter: A sworn member who has not completed one (1) full year of service. First Class Firefighter: Upon the Firefighter's satisfactory completion of one (I) full year of service from the date of hire, he or she becomes a First Class Firelighter. Enaineer. Promotion to the rank of Engineer shall be dependent upon the satisfactory completion of three (3) full years of service on the department. The Fire Chief shall forward to the Board of Public Safety the names of those firefighters eligible for the rank of Engineer not later than the date that the individual becomes eligible. Section II. Annual Salary Classifications. a. Definitions: For purposes of this ordinance, "salary classi~catians" mean categories for salary and annual pay purposes only. Rank does not mean salary classification. 2001-2004 South Bend Fre Department Salary Ordinance Page 3 b. Annual Pay for Sworn Members of the South Bend Fire DepartmentAnnual pay for the sworn members of the South Bend Fire Department for calendar years 2001, 2002, 2003 and 2004 shall be as follows: Salary Classifications 2001 2002 2003 2004 Fire Chief $59,400 $61,182 $63,017 $64,908 Assistant Fire Chiefs $54,400 $56,032 $57,713 $59,444 Battalion Chiefs $46,800 $48,204 $49,650 $51,140 Captains $37,470 $38,771 $39,725 $41,500 Engineers $35,220 $36,525 $37,470 $39,200 First Class $31,275 $32,534 $33,850 $35,600 Firefighter $28,000 $28,962 $29,585 $30,768 c. Annual Pay for Firefighter Recruit: The annual pay for Firefighter Recruits of the South Bend Fire Department for calendar yeazs 2001, 2002, 2003 and 2004 shall be as follows: 2001 2002 2003 2004 $27,500 $28,462 $ 29,085 $30,268 d. Salaries for Non-Rank Specialties: Qualified sworn members of the South Bend Fire Department who are regularly assigned to perform any of the following non-rank specialties, shall be paid the following salaries for calendaz years 2001, 2002, 2003 and 2004: Non-Rank Specialties 2001 2002 2003 2004 Arson Investigators $37,470 $38,771 $39,725 $41,500 Inspectors $37,470 $38,771 $39,725 $41,500 Instructor $37,470 $38,771 $39,725 $41,500 Lieutenant/Paramedic $36,570 $37,8'71 $38,820 $40,500 Pump Engineer/First Driver $35,850 $37,157 $38,100 $39,750 Section III. Specialty Pays. a. Medical SpecialtXPa ~s: Specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of the regular assignment for such special duty or duties and paid accordingly. Individuals performing any of the following Medical Specialties, shall be paid at the highest certification only. The 2001- 2001-2004 South Bend Fre Department Salary Onlinance Page 4 following Medical Specialty Pays are established: Medical Specialty 2001 2002 2003 2004 First Responder $ 250 $ 250 $ 250 $ 250 EMT $ 350 $ 350 $ 350 $ 350 AEMT $ 750 $ 750 $ 750 $ 750 Reserve Paramedics $900 $900 $900 $900 Paramedics $5,000 $5,000 $ 5,000 $5,000 Any sworn member hired after January 1, 2001, where the EMT certification was a condition of employment, shall not be entitled to EMT medical specialty pay. All sworn members hired before January 1, 2001, who maintain their EMT certifications shall be entitled to such EMT medical specialty PaY• b. Spec7a1 Operation Team Specialt,~~: Specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of the regular assignment for such special duty or duties and paid accordingly. Individuals hired prior to January 1, 2001 and performing any of the following Special Operation Team Specialties, shall be paid for each such specialty. Any individuals hired after January 1, 2001, and performing any of the following Special Operation Team Specialties shall be limited to one (1) specialty over and above any medical specialty identified in paragraph a. of this Section. This limitation shall not prohibit Team Leaders from receiving the designated Special Operation Team Specialty pay as well as the pay for being a Team Leader for that specialty. The following Special Operation Team Specialty Pays are established: Special Operation Teams: 2001 2002 2003 2004 2. Hazardous Materials Response: Team Members $ 1,200 $ 1,200 $ 1,200 $ 1,200 2. Swiftwater Rescue Team: Swiftwater Scuba Diver $ 850 $ 850 $ 850 $ 850 Swiftwater Specialist $ 600 $ 600 $ 600 $ 600 Swifi<vater Technician $ 500 $ 500 $ 500 $ 500 2001-2004 South Bend Fire Department Salary Ordinance Page 5 3. Tactical Rescue Team: Team Members $ 1,200 $ 1,200 $ 1,200 $ 1,200 4. Team Leaders $ 400 $ 400 $ 400 $ 400 c. PaXment of Specialtti Pavs: All Specialty Pays shall be paid on a bi-weekly basis except the following: First Responders EMI' AEfYIT Reserve Paramedics Special Operations Team Members Team Leaders On or before December 15th of each year On or before December 15th of each year On or before December 15th of each year On or before December 15th of each year On or before December 15th of each year One-half (1/2) on or about June 15th and the remaining One-half (1/2) on or about December 15th of each year Section IV Overtime and Emergency Dut~y. a. In the event that an Employee works beyond his or her regularly scheduled duty hours, he or she shall be paid at the rate of one and one-half (1 ll2} times the Employee hourly rate and shall be paid for each quarter-hour (1/4) that he or she is required to remain on duty. b. In the event that an Employee is recalled for duty, and he or she reports for duty, he ar she shall be paid at the rate of one and one-half (1 1/2) times the Employee's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty (30) minutes shall constitute ane (1) hour. c. In the event an Employee is called to work emergency duty for extra-alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of fire department units for extra-alarm fires or disasters. An Employee wha works emergency duty shall be paid at the rate of ane and one-half (1 1/2) times the Employee's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in the 2001-2004 Collective Bazgaining Agreement governing extra-duty ar recall are not applicable. The Fire Chief or his designee may specify 2001-2W4 South Bend Fire Department Salary Ordinance Page 6 which off-duty personnel with specialized skills, including but not limited to Employees of the Hazardous Material Response Team, Swiftwater Rescue Team, Tactical Rescue Team, or Paramedics, are to be called. Section V Working_Out of Classification. a. If an Employee is temporarily assigned as a Battalion Chief, Captain, Paramedic, LieutenandParamedic, or Pump Engineer, the Employee shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form by the officer of the rigor the Battalion Chief. b. If an Employee is assigned to an ambulance, then that Employee shall be paid while so performing such duties at fifty percent (50%) of the rate of special pay for paramedics. Section VI. Other Monetary Benefits. a. f~-Hour Incentive Pay: An S-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour work-week [not to include temporary duty assignments (TDY)] as well as to Officers in calendar years 2001, 2002, 2003 and 2004 at the same rate as calendar year 2000, namely $ 1,154.00. b. Inspector Pay: Those Engineers who are qualified and regularly assigned [not to include temporary duty assignments (TDY)] as an Inspector, shall be provided with duty shirts and a badge, and shall be paid at the Non-Rank Specialty pay as an Inspector. c. Instructor Pay: Shift Instructors who are qualified and selected to teach on-duty in-house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction,shall be paid at the rate of $ 10.00 per hour up to a maximum of $ 1,500.00, with any teaching thereafter requiring the approval of the Fire Chief. Other instructors who are qualified and selected to teach specified on-duty in-house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized departmental instruction, may be paid at the rate of $ 10.00 per hour, upan the approval of the Fire 2001-2004 South Bend Fire Department Salary Ordinance Page 7 Chief. Said hourly rate shall be paid over and above the individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full- Time Instructors and company training shall be ineligible for any pay under this paragraph. d._ Pay for Certified SCBA Repair Specialists Those Employees qualified, certified and regularly assigned by the Fire Chief to perform self-contained breathing apparatus (SCBA) repairs shall be paid at the rate of $ 10.00 per hour up to a maximum of $ 1,000.00. Any self-contained breathing apparatus repairs to be performed which exceed would exceed this maximum must be approved by the Fire Chief. Said hourly rate shall be paid over and above the individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. e. Pa for Special Assignments: Employees assigned by the Fire Chief to perform special assignments (not including light duty) which may include but are not limited to watercraft maintenance, apparatus maintenance, mapping, updating the South Bend Fire Department's Official Website, or other authorized departmental assignments, shall be paid at the rate of $ 10.00 per hour while performing such special duties. Said hourly rate shall be paid over and above the individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. f. Clothing/Uniform Allowance: Clothing/Uniform Allowance shall be $ 795.00 per calendar years 2001, 2002, 2003, and 2004. Clothing/Uniform Allowance shall be paid in four (4) equal payments payable on or about March 15th, June 15th, September 15th and December 15th of each year. Clothing/Uniform Allowance shall be pro-rated to the date of termination of employment for all qualifying sworn members. Clothing/Uniform Allowance shall not be paid during the individual's first year of employment with the department as a Firefighter. Clothing/Uniform Allowance shall bepro-rated from the sworn member's first anniversary date until the end of that calendar year. g. Critical Duty Pad: 1. For calendar years 2001 and 2002, the maximum Critical Duty Day Stipend is established at one hundred eighty dollars ($ 180.00), which may bepro-rated for time actually worked at seven dollars fifty cents ($ 7.50) per hour. 2001-2004 South Bend Fire Department Salary Ordinance Page 8 2. For calendar years 2003 and 2004, the maximum Critical Duty Day Stipend is established at two hundred four dollars ($ 204.00), which may bepro-rated for time actually worked at eight dollars fifty cents ($ 8.50). 3. All requirements which a sworn member must meet in order to be entitled for a Critical Duty Day Stipend shall be set forth in the 2001-2004 Collective Bargaining Agreement, Article 25. h. Deferred Compensation: The City of South Bend, Indiana, agrees to maintain the deferred compensation program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first one hundred dollars ($ 100.00) deferred by a sworn member of the department each year, the City will match said amount $ .50 on the dollar, and for the next three hundred dollars ($300.00) deferred by a sworn member each year, the City will match said amount, dollar for dollar. i. Other Monetary Benefits: Other Monetary Benefits have been identified and conditions established in the Collective Bazgaining Agreement which include but not limited to: Station Allowance (Article 6~, Insurance (Article 13), Sick Leave Buy-Back (Article 21), Retirement and Sick-Day Buy-Back (Article 22), Leaves of Absences (Article 23), Flexible Time Account and Policy (Article 24), and pays for Private Duty Ambulance Services (Memorandum of Understanding). The Common Council hereby ratifies each of those monetary amounts and recommends that the Board of Public Safety approve appropriate policies related to each such area which conditions the payment of such monetary amounts in the 2001-2004 Collective Bazgaining Agreement. Section VII. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by tffhe ayo r~ /71u,« ~i Member Member ofyth~e Comry(o Council ~~ IGL~/ Member of the Common Council 1 st READIiuG ~-ty~°a PUBLIC HEARING ~-11-0(~ 3rd READING ~ -~7. O(~ NOT APPROV~~ REFERRED PASSE~~ ~-\1 _0C~ ~ ~ L~--~~~-~°---~y°~-°~" `~"'~~ Member of the Common Council ,~..---~-" 1 ~°r "."' r„` ',:. ~3TY a ~~,~ `"?. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 59-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2001, 2002, 2003 AND 2004 Respectfully report that they have examined the matter and that in their opinion, this bill comes to the full Council with no recommendation. Andrew Ujdak Chairman City of South Bend Common Council County-City Building .South Bend, lndisns 46ti01 (219)235-9321 Fax (219)235-9173 TDD (219) 235-5567 August 17, 2000 Charlotte Pfeifer President The South Bend Common Council 4th Floor County-City Building James Aranowski South Bend, Indiana 46601 Vice-President Andrew Ujdak Re: South Bend Fire Department 2001-2004 Salary Ordinance Chairperson, Committee (Bill No. ~9-00) of the Whole Dear Council Members: James Aranowski First District On behalf of the City Negotiating Team, I am pleased to present Bill No. 59-QO for your review and passage. Charlotte Pfeifer Second District This proposed ordinance would establish salaries and monetary fringe benefits for all 248 sworn members of the South Bend Fire Department for calendar Roland Kelly y~~ 2001 through 2004. It is important to note that 235 firefighters are members Third District of Local No. 362, and that Union and that Union alone, has long been recognized " . by the City as the "exclusive representative in collective bargaining Karl King Fourth District On April 24, 2000, the Common Council adopted a resolution which appointed the Chairperson of the Health and Public Safety Committee, Council David Varner Member Andrew Ujdak, the Chairperson of the Personnel and Finance Committee Fifth District Council Member James Aranowski, Council Member Karen L. White, Council Member Roland Kelly, Ciry Controller M. Catherine Roemer, Deputy City Andrew Ujdak Attorneys Thomas L. Bodnar and Cheryl A. Green, and myself to the City Sixth District Negotiating Team to jointly represent the Council and the Crty Administration during the fire negotiations. Sean Coleman The Wage and Grievance Committee of South Bend Firefighters At Large ,Association, Local No. 362 of the International Association of Firefighters, AFL- Al "Buddy" Kirsits CIO was composed of Captain Frederick J. Jaronik, Captain Michael J. Damiano, At Large Lieutenant David Van DeWeille, Engineer James Weinberg, and Engineer Tony Nania. Local Union President Leon Stein, Kevin Horton, Financial Specialist, and Attorney Joseph V. Simeri assisted in guiding their team to effectively represent the Karen L. White issues of greatest priority for the Union's membership. At Large Kathleen Cekanski-Ferrand We all recognize that members of the South Bend Fire Department are Council Attorney engaged in providing essential public services throughout our community. Some of the many services which our firefighters provide include fire suppression services, emergency medical services, water and aerial rescue, hazardous material emergency response, swifrivater rescue, tactical rescue, fire and arson investigation, as well as public education and fire code inspection services. 2001-2004 Fire Department Salary Ordinance Page 2 The death of a diver who was a member of the Indianapolis Fire Department this past Sunday, who had recently trained in South Bend, underscores just one of the potential dangers of this most needed occupation. Firefighters are indeed highly trained professionals who must be prepared to respond immediately to dangerous and complex situations where lives and property may be at stake. The City of South Bend understands the vital role provided by each and every member of the fire department. As a result, the City established the goal that the South Bend Fire Department should be "recognized as THE model Fire Department of its size in American by the end of the next contract". The Common Council, the three-member Board of Public Safety, Mayor Stephen J. Luecke, members of the City Administration and the Fire Administration led by Fire Chief Luther Taylor provided invaluable guidance to the City Negotiating Team. Some of the objectives sought included: 1. To obtain amulti-year agreement 2. To establish competitive and fair salaries which were fiscally affordable by the City; and 3. To specifically address the pension base in order to continue to attract qualified candidates to the fire department. Each of these objectives have been achieved. The following is a brief summary of some of the highlights of this package: 1. Salaries: The City Qresented its first financial offer to the Fire Union Ne ogti bating Team on June 27th. That offer proposed salary increases for calendar year 2001 ranging from a low of a 7 % increase to a hi on the Qension rank (Firefighter First Classi of 8.3 LJb. This strategy was bold and effective. More importantly, it reflected the City's commitment to the men and women of the South Bend Fire Department and the public services which they provide on a twenty-four hours basis 365 days a year. The one-page summary immediately following this letter sets forth the salary amounts, percentage increase and dollar increases for the next four (4) years for the ranks of First Class Firefighter, Engineer and Captain. 2. Specialty Pays and Pays for Special Operations: The City maintains its commitment to providing added financial incentives far those individuals who wish to maintain the training certifications needed for the many specialties on the fire department. As a result, the medical specialty pays continue for our 54 paramedics, our 6 reserve paramedics, our 18 AEMT's, our 116 EMT's and our 43 First 20041~ire Department Salary Ordinance Page 3 Responders. The three (3) Special Operation Teams which include the 36 firefighters on the Hazardous Materials Response Team; the 16 Swiftwater Scuba Divers, the 18 Swiftwater Specialists. The 18 Swiftwater Technicians who make up the City's Swiftwater Rescue Team; the 36 firefighers who are members of the Tactical Rescue Team as well as the 9 firefighters who are the Team Leaders. Additionally, the 2 Arson Investigators, 4 Inspectors, 1 full-time Instructor, 21 LieutenandParamedics, and 48 Pump Engineers/First Drivers will continue to receive their specialty pays for the life of this four-year agreement. 2. Collective Bar ag fining A egr ement The City Negotiating Team will be recommending a proposed 85-page Collective BargainingAgreement to the Board of Public Safety which sets forth many of the day to day policies governing the fire department. This agreement is essential to achieving and nurintaining harnroniaus relations between management and labor. Some of the changes reflected which improve this agreement include: improving public safety concerns,and strengtihening the drug and atl:~itn' tiystfig proceadres - oj~-- icicorp~-atmg - tnL- Department of Transportation levels for drug testing and lowering the alcohol concentration to 0.06 ar greater. With the members of Local No. 362 agreeing to convert from a complicated holiday pay system to eight (8) Critical Duty Days, it enabled current monies to be converted into base salaries. The four-yeaz wage and monetary fringe package is the result of a long and laborious negotiation process which was based on a strong foundation of mutual respect and trust. On behalf of the entire City Wage Negotiating Team, I recommend the unanimous approval and passage of Bill No. 59-00. Thank you. Cordi y, ~_ ~~ Ka een Cekanski-Farr~nd Attorney at Law City Spokesperson and Agent KCF:kmf cc: Mayor Stephen J. Luecke Fire Chief Luther Taylor Ciry Clerk's Office Leon Stein, President of Local No. 362