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