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Home My WebLink AboutBill 16-48 Authorizing Agent/Negotiator for Upcoming Police Negotiations�,ypux •f pJ �1e a L O.; 1. ?yi The South Bend Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.9321 574.235.5567 TDD May 2, 2016 The South Bend Common Council 4U' Floor County -City Building South Bend, Indiana 46601 Re: Resolution Authorizing Agent/Negotiator for Upcoming Police Negotiations Dear Council Members: I received a letter from Sergeant Dan Demler, who is the President of the Fraternal Order of Police, Lodge # 36, who is the exclusive representative of the sworn members of the South Bend Police Department. Sergeant Demler's letter is attached. It provides written notice of the FOP'S interest in commencing labor negotiations, with such written notice being a requirement of Indiana state law. Background preparation is needed prior to commencing such labor negotiations. In light of that, I am sponsoring the attached Resolution. It would formally appoint the Council's agent and chief negotiator, so that work on behalf of the Council may begin. Our past practice has been to have our agent /negotiator conduct what is commonly referred to as "interest -based bargaining ". Rather than having adversarial negotiations, our goal has been to pursue solutions based on working to reach goals and objectives. I request that this matter be referred to the Health and Public Safety Committee for discussion. It is my hope that this year's labor negotiations begin and be conducted on a united and positive start. I therefore seek your unanimous support. Thank you. ost sincere , Tim Scott, Council President 1St District Council Member Attachments Fled in Clerk's Office MAY 0 4 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN l/ O \\ Fraternal Order of Police Lodge #36 P.O. Bo., 299 South Bend, Indiana 46624 -0299 Dan Demfer President 02/21/2016 Yfarvey WZ Council President Scott, Vice President As the solely recognized negotiating body for City of South Bend Sworn Police Officers, ChadwickGo6en the Fraternal Order of Police would like to enter in to negotiations with the Council for a Treasurer 2017 and beyond wage package. The current wage ordinance is set to expire Dec. 31st. 2016. Over the last several years the FOP & Council have worked well together in WweffLupim creating an agreement that is beneficial to both parties and we look forward to Secretary continuing this relationship. To ease scheduling we ask that you include our attorney, Leo T. Blackwell of Chaplain n�u Ruckelshaus, Kautzman, Blackwell, Bemis & Hasbrook in the communications regarding p meeting dates; his email address is Itb @rucklaw.com. ,lames Cauffman On behalf of the members of FOP #36 thank you and we look forward to meeting with Conductor you. Cori Baia Guard Jeff 9?#ns6erger 1st Kyfe BaCnski2nd Jeremy Siade 3rd Trustees Past President Executive Chair Sincerely, ✓J✓ Dan Demler President FOP #36 C.C. Kathy Cekanski — Farrand, Council attorney Filed in Clerk's Office MAY 0 4 2016 KAREEMAk FOWLER CITY CLERK, SOUTH BEND, IN Bill No. Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING AN ADVISORY CITY NEGOTIATING TEAM FOR THE 2016 SOUTH BEND POLICE DEPARTMENT LABOR NEGOTIATIONS 6ffopm� the South Bend Common Council acknowledges that 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 sworn members of the South Bend Police Department, with the Indiana Court of Appeals confirming such authority; and G,)C,m� the Common Council further acknowledges that the Indiana Court of Appeals has also ruled that Indiana Code § 36 -8 -4 -4 addressing "annual cash allowance" for clothing was "compensation" and "annual pay" with such financial matters being under the authority of the Common Council; and Oft;=4 since July 1, 2007, the state regulations addressing "Meet and Confer for Public Safety Employees" codified at Indiana Code § 36 -8 -22, have been in effect which requires, among other things, that the exclusive recognized representative of an employee organization is to notify in writing of their intent to exercise their rights under this state law; and 6XC,w4 on February 21, 2016, Sergeant Dan Demler, President of the Fraternal Order of Police, Lodge # 36 sent a letter to the Council President Tim Scott of their desire to enter into negotiations in light of the fact that the current police salary and wage ordinance expires on December 31, 2016; and G,V" the Indiana Open Door Law, Indiana Code § 5- 14 -1.5, notes that a governing body, such as the Common Council, has the authority to appoint an agent to conduct collective bargaining on its behalf which does not constitute a governing body for purposes of that statute; and further authorizes the Common Council, as a governing body, to meet in Executive Session with their agent/negotiator for discussion of strategy with respect to collective bargaining; and Qf ,va4 in light of the annual pay /salary and the monetary fringe benefits expiring at the end of this year, and noting that Indiana Code § 36- 8- 3 -3(d) requires the legislative body to fix the annual compensation for all members of the Police Department by ordinance "no later than November I", it is incumbent upon the Council to formally appoint its Agent and Chief Negotiator on all matters of compensation, monetary fringe benefits, and related fiscal matters so that preparation for the upcoming negotiations may begin; and 4" the Common Council is mindful of past successful labor negotiations with the attorney and exclusive recognized representatives of the FOP Lodge # 36 and the Common Council's agent /negotiator, along with an advisory city negotiating team. Resolution Appointing SBCC Agent/Negotiator for Police Negotiations Page 2 Section I. The Common Council hereby appoints Kathleen Cekanski Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with the Police Negotiating Team representing the Fraternal Order of Police, Lodge # 36. She shall be the Council's chief spokesperson and negotiator concerning all matters related to annual compensation, incentive pays, specialty pays, monetary fringe benefits and all items having a fiscal and/or budgetary impact. The Council notes that she was the agent and chief negotiator representing the Common Council who worked with Council Members Karen L. White and Tim Scott as part of the advisory negotiating team which resulted in Ordinance No. 10332- 14. That ordinance fixed the annual pay and monetary fringe benefits for calendar years 2015 and 2016 for sworn members of the South Bend Police Department. It was passed on October 28, 2014 and it expires on December 31, 2016. Section II. The Common Council agent /negotiator shall coordinate matters of strategies, research and background preparation, negotiating times, scheduling of executive sessions, contacting City resource persons and other matters in consultation with the Common Council. She shall collaborate with the individual appointed to negotiate any changes to the Working Agreement currently in effect which governs the working conditions of members of the South Bend Police Department. She shall work with individuals selected to serve on an advisory negotiating team, so that labor negotiations are conducted in good faith, as well as in a fair, reasonable, fiscally sound and positive manner. Sect' is Resolution shall be in full force and effect from and after its adoption by the Common uncil and approv by the Mayor. Tim Scott, 1" is rnct Council Member Oliver J. Davis, 6' District Council Member Regina Williams Preston., 2 °a District Randy Kelly, 3`a District Council Member Jo Broden, 4' District Council Member Dr. David Varner, 5' District Wn Kareemah Fowler, City Clerk PMUMD NOT APPROVu 40OPTO John Voorde, At Large Council Member Gavrl� At LargeCocil M mb vn d Karei L. White, At Large Council ember �afts— 9/ ,-,9016 Pete Buttigieg, N ayor, of out en , 11WOe MAY 0 4 2016 KAREEMAH FOWLER CITY CLERK µ 'TA BEND, IN