06-13-05 Council Meeting Minutes

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REGULAR MEETINGJUNE 13, 2005 RESOLUTION NO. 3477-05 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 ADVISORY CITY NEGOTIATING TEAM FOR THE 2005 FIRE AND POLICE DEPARTMENTS NEGOTIATIONS Indiana Code Whereas, pursuant to § 36-8-3-3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department th Indiana Code before September 20; and the Council has further authority under § 36-8- Indiana Code 4-4 addressing compensation matters and authority under § 36-4-7-3(b) to th approve compensation for appointive officers of these departments before September 30 as interpreted by the Indiana Appellate Courts; and Whereas, the Board of Public Safety has the “exclusive control over all matters and property relating” to the Fire Department and the Police Department pursuant to Indiana Code § 36-8-3-2(b)(2); and Whereas, the Common Council and the City Administration have determined that a unified effort would be in the City of South Bend’s best interests when addressing, through the negotiating process such items as annual compensation, specialty pays, monetary fringe benefits, working conditions, and items related to the South Bend Police Department; and that the Common Council has the responsibility of addressing the annual compensation items addressed in ordinance form for the South Bend Fire Department, noting that the Board of Public Safety approved a 2005-2008 Collective Bargaining Agreement addressing working conditions; and Whereas, the City’s Board of Public Safety adopted Resolution No. 36-2005 on May 11, 2005 which appointed Charles S. Leone as the Board’s Agent and Chief Negotiator for the upcoming labor negotiations with the Fraternal Order of Police Lodge No. 36, who will represent the South Bend Police Department on all non-compensation matters addressed in their Working Agreement which is set for expire on December 31, 2005; and Whereas, this resolution will formally appoint attorney Kathleen Cekanski- Farrand as the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation for the upcoming labor negotiations with the Fraternal Order of Police Lodge No. 36 who will represent the South Bend Police Department and the upcoming labor negotiations with the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO who will represent the South Bend Fire Department; and she will carry out the negotiations pursuant to the letter of engagement signed by attorney Kathleen Cekanski-Farrand; and Whereas, the Common Council is mindful of past successes where a Chief Negotiator representing their interests would appoint her own advisory City Negotiating Team which will represent each body and which will provide and receive updates during executive sessions called for the exclusive purpose of discussing strategy with regard to Indiana Code collective bargaining pursuant to § 5-14-1.5-6.1(b)(2)(A); and Whereas, the advisory City Negotiating Team shall not be considered a Indiana Code “governing body” or “public agency” under § 5-14-1.5-2; and Whereas, the City of South Bend, Indiana has received correspondence from the South Bend Firefighters’ Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Fraternal Order of Police, Lodge No. 36 expressing their respective desires to enter into labor negotiations; and 23