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HomeMy WebLinkAboutAppointing a Negotiator for the Police Department Negotiations & Rescinding Resolution No. 3002-01Attest: RESOLUTION 3018 -01 Passed by the Common Council of the City of South Bend, Indiana June 25, 20 01 Presented by me to the Mayor of the City of South Bend, Indiana June 26, 2001 City Clerk President of Common Council Approved and signed by me June 27 20 01 . City Clerk 0 Resolution No. 3 0 �-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A NEGOTIATOR AND ADVISORY CITY NEGOTIATING TEAM TO REPRESENT THE CITY ADMINISTRATION AND THE COMMON COUNCIL FOR THE POLICE DEPARTMENT NEGOTIATIONS AND RESCINDING RESOLUTION NO. 3002 -01 Whereas, the legislative body of the City has the mandatory duty to fix by ordinance the annual compensation for members of the South Bend Police Department pursuant to Indiana Code §36- 8- 3 -3(d); and Whereas, the Board of Public Safety has the exclusive right and obligation to oversee all matters excluding compensation of the South Bend Police Department pursuant to Indiana Code §36- 8- 3- 2(b)(1); and Whereas, the City Administration and the Common Council have determined that a unified effort would be in the City of South Bend's interest when addressing, through the negotiation process, such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the sworn members of the South Bend Police Department; and Whereas, the Common Council and the Board of Public Safety will each take formal action by adopting similar resolutions which will officially appoint an Agent and an advisory City Negotiating Team which will represent each body and will provide and receive updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code §5- 14- 1.5- 6.1(b)(2)(A); and Whereas, the Working Agreement between the City of South Bend and the Fraternal Order of Police Lodge No. 36 expires on December 31, 2001, along with Ordinance No. 8808 -97, which established the police department member salaries and monetary fringe benefits for calendar years 1998 through 2001; and Whereas, the City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code §5- 14- 1.5 -2; and Whereas, the resignation of the City Controller and various scheduling demands have made flexibility of the advisory City negotiating team necessary, Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. Upon the recommendation of the Mayor and the Board of Public Safety, the Common Council of the City of South Bend, Indiana, appoints John T. Neighbours as its agent in any negotiations with Fraternal Order of Police Lodge No. 36 concerning annual compensation for members of the South Bend Police Department, and in that capacity said agent will present regular updates to the Common Council in person. Section II. John T. Neighbours shall appoint the City Negotiating Team and shall keep this Council advised at all times of its composition through Kathy Cekanski - Farrand, Esq.. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and upon the receipt of a letter from John T. Neighbours to the South Bend Common Council President verifying that the current Council Members and the the Council's attorney referenced in Resolution No. 3002 -01 shall remain members of the City Negotiating Team, that their schedules be consulted prior to scheduling negotiating sessions, that Mr. Neighbours provide regular updates to the Council at Executive Sessions, and that replacement Council members may be permitted. i James Aranowski, First District Ott Pfeifer, Seco d D' ' at, 1P� Roland Kelly, Third District Karl King, Fourth District David Varner, Fifth District Sean Coleman, At Large Al `Buddy" Kirsits, At Large Karen L. White, At Large Attest: Loretta . D a, Cit Clerk Stephen J. Lu Mayor PRESENTEDG-ZS -0� SLA�D as NOT APPROVED ADOPTED Filed In Clerk's Office =2S LORETTA J. DUDA CITYCLEFU , SC. BEND, 6N, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 01 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A NEGOTIATOR AND ADVISORY CITY NEGOTIATING TEAM TO REPRESENT THE CITY ADMINISTRATION AND THE COMMON COUNCIL FOR THE POLICE DEPARTMENT NEGOTIATIONS AND RESCINDING RESOLUTION NO. 3002 -01 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a unfavorable recommendation by a vote 3 to 2. Andrew Udjak Chairman