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HomeMy WebLinkAboutAppointing an Agent to Represent the Common Council for 2005 Fire & Police Departments NegotiationsRESOLUTION 3477 -05 Passed by the Common Council of the City of South Bend, Indiana June 13, Attest: 05 20_. Presented by me to the Mayor of the City of South Bend, Indiana June 13, 05 20 City Clerk President of Common Council City Clerk Approved and signed by me June 15 20 05 . RESOLUTION NO. 3 � 77 —DS A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2005 FIRE AND POLICE DEPARTMENTS NEGOTIATIONS Wiwi ua, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department before September 20a; and the Council has further authority under Indiana Code § 36 -8- 4-4 addressing compensation matters and authority under Indiana Code § 36- 4- 7 -3(b) to approve compensation for appointive officers of these departmetns before September 30th as interpreted by the Indiana Appellate Courts; and 974", the Board of Public Safety has the "exclusive control over all matters and property relating" to the Fire Department and the Police Department pursuant to Indiana Code § 36- 8- 3- 2(b)(2); and Wlwmaa, the Common Council and the City Administration have determined that a unified effort would be in the City of South Bend's best interests when addressing, through the negotiating process such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the South Bend Police Department; and that the Common Council has the responsibility of addressing the annual compensation items addressed in ordinance form for the South Bend Fire Department, noting that the Board of Public Safety approved a 2005 -2008 Collective Bargaining Agreement addressing working conditions; and 0#4", the City's Board of Public Safety adopted Resolution No. 36 -2005 on May 11, 2005 which appointed Charles S. Leone as the Board's Agent and Chief Negotiator for the upcoming labor negotiations with the Fraternal Order of Police Lodge No. 36, who will represent the South Bend Police Department on all non - compensation matters addressed in their Working Agreement which is set for expire on December 31, 2005; and OM", this resolution will formally appoint attorney Kathleen Cekanski- Farrand as the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation for the upcoming labor negotiations with the Fraternal Order of Police Lodge No. 36 who will represent the South Bend Police Department and the upcoming labor negotiations with the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO who will represent the South Bend Fire Department; and she will carry out the negotiations pursuant to the letter of engagement signed by attorney Kathleen Cekanski - Farrand; and 2005 Police and Fire Negotiations Resolution Page 2 0eaa, the Common Council is mindful of past successes where a Chief Negotiator representing their interests would appoint her own advisory City Negotiating Team which will represent each body and which will provide and receive updates during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and Woyeaa, the advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and Wexeaa, the City of South Bend, Indiana has received correspondence from the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO and the Fraternal Order of Police, Lodge No. 36 expressing their respective desires to enter into labor negotiations; and Wmead, the South Bend Common Council and the City of South Bend Administration believe that this Resolution is in the best interests of promoting positive and harmonious labor negotiations. Qoa, &A'erq6"e, 4 it xeaoGrsed , by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, after consultation and meetings with the Mayor Stephen J. Luecke, the Police and Fire Chiefs, and the Board of Public Safety hereby appoints Kathleen Cekanski - Farrand, a local attorney, as its Agent for the upcoming labor negotiations with Fire Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO, and the Police Negotiating Team representing Fraternal Order of Police, Lodge No. 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 other items regularly addressed in the salary ordinances respective to each department. Section II. Mrs. Cekanski - Farrand shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, advisory City Negotiating Team memberships, resource persons, and other matters pertaining to negotiations with the respective teams representing the South Bend Police Department and the South Bend Fire Department with Charles S. Leone, the agent and Chief Spokesperson and Negotiator concerning all matters related to the working conditions and other matters addressed in the Working Agreement in effect for the South Bend Police Department, except matters of compensation. Section III. The City Clerk shall send a copy of this Resolution to the Mayor, the Fire Chief, the Police Chief and the Clerk to the Board of Public Safety; as soon as practicable after the Council's formal adoption. Section IV. This resolution shall be in full force and effect from and after its KIN, N is - 71 NNIVIv ohn oorde, CiTy Clerk gooww eted to by me to the Mayor of the City of South Bend, Indiana, on the j` ,day of Surn4.2005 , at 1 30 o'clock _. m. Taniic alboom, Deputy City Clerk Q*Ym and aimed by me on the (K _i day of 2005, at // 30 o'clock R.. m. PRESENTED (� - ( 3 -OS NOT. APPROVED ADOPTED Step en J. cke, Mayor City of South Bend, Indiana Filed In Clerk's Office h4 AY 1 8 2005 JOHN VOOBDE CITY CLOIK, $0. BEND, K TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT /NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2005 FIRE AND POLICE DEPARTMENTS NEGOTIATIONS 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. Roland Kelly Chairman