04-28-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING APRIL 28, 2008 Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3861-08 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 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS Whereas, 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 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 Whereas, 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 Whereas, 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 Whereas, the Common Council received written communication from a representative of the South Bend Firefighter’s Association Local 362 requesting that st negotiations begin no later than May 1; and similar communication from a representative of the Fraternal Order of Police, South Bend Lodge No. 36 is expected to be received shortly; and Whereas, this Resolution will formally appoint the South Bend Common Council’s Agent and Chief Negotiator on all matters of compensation and financial matters 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 Whereas, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council’s Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team 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 Whereas, the Advisory City Negotiating Team shall not be considered a “governing body” or “public agency” under Indiana Code § 5-14-1.5-2; and Whereas, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations. , Now, Therefore, be it resolved 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, hereby 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 28