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HomeMy WebLinkAboutAuthorizing Agent/Negotiator for Upcoming Police NegotiationsAttest: RESOLUTION No. 4570 -16 Passed by the Common Council of the City of South Bend, Indiana May 9, 20 16 . City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 10, 20 16 Approved and signed by me Ma U 11 20—L . City Clerk Bill No. l L -+S Resolution No. lf 5' D -1 I,0 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 G, 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 6A" 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 6)6" 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 6AC,m4 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 6*6,m� 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 6*" 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 1 ", 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 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 i 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. Sec ' is Resolution shall be in full force and effect from and after its adoption by the Common until and approv by the Mayor. Tin S tt, ls is rtct o c' ember Oli a is, 6 1' c ncil Mm e er OCAP. R in illia Prest "d District John Voorde, At Large Council Member ber Broden, 4' District Council Member Dr. Da id c -_-- -� Karee ah Fowler, Cit Clerk PRISENTID 5-16111 NOT APPROVEt 4DOPT#© 51,111Io Gavin F r ' , At Large Co, cil M m� '42— vn Kare4 L. White, At Large Council ember Pete 019, 2016 [MAY:O4 2016 KAREEMAH FOWLER CnY CLERK ; 7!-41 BEND, IN