04-26-04 Council Meeting Minutes

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REGULAR MEETING APRIL 26, 2004 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 before September 20th ; and WHEREAS, the Board of Public Safety has the "exclusive control over all matters and property relating" to the Fire 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 Fire Department; and WHEREAS, the South Bend Common Council and the City's Board of Public Safety will each take formal action to adopt similar resolutions which will formally appoint an Agent/Negotiator and address an Advisory City Negotiating Team which will represent each body and which will provide and receive updates during executive sessions called for the 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 2001 -2004 Collective Bargaining Agreement between the City of South Bend and the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO expires at the end of this year, along with Ordinance No. 9127 -00 and Ordinance No. 9165 -00 which established salaries and all monetary fringe benefits for members of the South Bend Fire Department for calendar years 2001 through 2004; and WHEREAS, the South Bend Common Council and the City of South Bend Administration believe that this Resolution is in the best interests of promoting 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, after consultation and meetings with the Mayor Stephen J. Luecke hereby appoints Kathleen Cekanski - Farrand, a local attorney, as its Agent 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. 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 items related to the South Bend Fire Department SECTION II. Based on the discussions between the Common Council and the Mayor, the Board of Public Safety will take formal action to adopt a similar resolution which will formally appoint Kathleen Cekanski - Farrand as the City's Agent/Negotiator to address working conditions and other matters addressed in the Collective Bargaining Agreement. The City Clerk shall send a copy of this Resolution to the Clerk to the Board of Public Safety; and the Clerk to the Board of Public Safety will forward a copy of the Board's Resolution to the Office of the City Clerk as soon as practicable after the Board's adoption. SECTION III. After consultation with the South Bend Common Council and the City Administration, the City's Agent/Negotiator shall appoint an Advisory City Negotiating Team and she shall keep the Council and the Mayor advised at all times of its composition. The City's Agent/Negotiator and the Advisory City Negotiating Team shall meet in executive session with the Common Council, the Mayor, the Fire Administration and the Board of Public Safety for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A) with the South Bend Fire Department. 17