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Home My WebLink AboutAppointing an Negotiator to represent the Council and address the City advisory team RE: 2009 PD/FD NegotiationsICES®LUTI®N 3973-09 Passed by the Common Council of the City of South Bend, Indiana June 8, 20 09 Chief Deputy Attest: ~/,ri1.~s, /..Q J~, ~,//~ ft,(,F,w .S L~ City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 9, Zo 09 Chief Deputy Approved and signed by me June 10, 20 09 ~~ City Clerk RESOLUTION NO. ~~ 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 CITY ADVISORY NEGOTIATING TEAM FOR THE 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT NEGOTIATIONS ~~~~~, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments..."; and ~l~~aa, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and C~~ieii~eaa, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and C~~ii~aa, the Common Council received a letter from a representative of the South Bend Firefighter's Association Loca1362, and also received a letter from a representative of the Fraternal Order of Police, South Bend Lodge No. 36, with each union requesting to begin negotiations; and Cl~~ii~aa, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and all other monetary items subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and ~l~~aa, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing their interests, who would in turn appoint an City Advisory Negotiating Team and work with the Board of Public Safety's Agent and provide updates to the Common Council 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 °,~~ii~aa, the City Advisory Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and -!~l~fiexeaa, the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations, during very difficult and challenging fiscal times. 2009 Fire and Police Negotiations Resolution Page 2 ~a~, C~~~ex~axe, lie rt ~eao-/ ed , 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, appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator 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 the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which have a fiscal and/or budgetary impact. Section II. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council's Agent shall work closely with the persons appointed to the City Advisory Negotiating Team and shall coordinate and work closely with the Board of Public Safety's Agent and Chief Negotiator throughout the upcoming negotiations. This resolution shall be in full force and effect fro and after its adoption by the the Mayor. fiver J. avis, 6 District Al "Buddy" Kirsits, At Large T~ ~ A Rouse,~t Large Karen L. White, At Large John ~oorde, City `-'~7`~~ sec a~ C~r~Zec~ ~ia ~~ a~a~ o~ 9. !~,- rte- ~~ - Stephen J. Lu e, Mayor City of South Bend, Indiana PRESENTED b~8~~ NOT APPROVED ~1DOPTEq = Ip -~f' ~~ r- _ ......_.__ ~'l1~-Y ~~ Z~3 Ci" " w~:. .. i~J. Section III. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-39 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 CITY ADVISORY NEGOTIATING TEAM FOR THE 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT 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. Ann Puzzello Chairperson, Committee of the Whole SpU TH B~ ,~,~ ~%~~~. .City of South Bend ~+~' ~ -: a Common Council 1865 ~ 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District May 15, 2009 Members of the South Bend Common Council 4th Floor County-City Building South Bend,1N 46601 (574) 235-9321 Fax (574)235-9173 TDD (574) 235-5567 http://ww~v southbendin.gov Re: Resolution to Appoint Council's Agent & Chief Negotiator for the 2009 Negotiations with the Police and Fire Labor Negotiations Henry Davis, Jr. Dear Council Members: Second District This a negotiating year with the negotiating teams representing the sworn Thomas LaFountain members of the South Bend Police Department and the South Bend Fire Third District Department. . Ann Puzzello Fourth District The attached resolution would appoint the Council's Agent and Chief negotiator for these negotiations. David Varner Fifth District I recommend that this Resolution be referred to the Council's Health and Public Safety Committee for discussion. I seek your support and approval. Oliver J. Davis Sixth District Thank you. ` AI "Buddy Kirsits ~~ Most sincerel , At Large Derek D. Dieter Timothy A. Rouse Council President At Large Attachments Karen L. White At Large cc: Mayor Stephen J. Luecke Police Chief Darryl Boykins Fire Chief Howard Buchanon II Board of Public Safety