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04-26-04 Council Meeting Minutes
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04-26-04 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
4/26/2004
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REGULAR MEETING APRIL 26, 2004 <br />WHEREAS, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the <br />mandatory duty and exclusive authority to fix by ordinance the annual compensation for all <br />members of the South Bend Fire Department before September 20th ; and <br />WHEREAS, the Board of Public Safety has the "exclusive control over all matters and <br />property relating" to the Fire Department pursuant to Indiana Code § 36- 8- 3- 2(b)(2); and <br />WHEREAS, the Common Council and the City Administration have determined that a <br />unified effort would be in the City of South Bend's best interests when addressing, through the <br />negotiating process such items as annual compensation, specialty pays, monetary fringe benefits, <br />working conditions, and items related to the South Bend Fire Department; and <br />WHEREAS, the South Bend Common Council and the City's Board of Public Safety will <br />each take formal action to adopt similar resolutions which will formally appoint an <br />Agent/Negotiator and address an Advisory City Negotiating Team which will represent each <br />body and which will provide and receive updates during executive sessions called for the <br />purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- <br />14-1.5-6.1(b)(2)(A); and <br />WHEREAS, the Advisory City Negotiating Team shall not be considered a "governing <br />body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and <br />WHEREAS, the 2001 -2004 Collective Bargaining Agreement between the City of South <br />Bend and the South Bend Firefighters' Association Local No. 362 of the International <br />Association of Firefighters AFL -CIO expires at the end of this year, along with Ordinance No. <br />9127 -00 and Ordinance No. 9165 -00 which established salaries and all monetary fringe benefits <br />for members of the South Bend Fire Department for calendar years 2001 through 2004; and <br />WHEREAS, the South Bend Common Council and the City of South Bend <br />Administration believe that this Resolution is in the best interests of promoting positive and <br />harmonious labor negotiations. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South <br />Bend, Indiana, as follows: <br />SECTION I. The Common Council of the City of South Bend, Indiana, after <br />consultation and meetings with the Mayor Stephen J. Luecke hereby appoints Kathleen <br />Cekanski - Farrand, a local attorney, as its Agent for the upcoming labor negotiations with Fire <br />Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the <br />International Association of Firefighters AFL -CIO. Mrs. Cekanski - Farrand shall be the City's <br />Chief Spokesperson and negotiator concerning all matters related to annual compensation, <br />specialty pays, monetary fringe benefits, working conditions, and items related to the South Bend <br />Fire Department <br />SECTION II. Based on the discussions between the Common Council and the Mayor, <br />the Board of Public Safety will take formal action to adopt a similar resolution which will <br />formally appoint Kathleen Cekanski - Farrand as the City's Agent/Negotiator to address working <br />conditions and other matters addressed in the Collective Bargaining Agreement. The City Clerk <br />shall send a copy of this Resolution to the Clerk to the Board of Public Safety; and the Clerk to <br />the Board of Public Safety will forward a copy of the Board's Resolution to the Office of the <br />City Clerk as soon as practicable after the Board's adoption. <br />SECTION III. After consultation with the South Bend Common Council and the City <br />Administration, the City's Agent/Negotiator shall appoint an Advisory City Negotiating Team <br />and she shall keep the Council and the Mayor advised at all times of its composition. The City's <br />Agent/Negotiator and the Advisory City Negotiating Team shall meet in executive session with <br />the Common Council, the Mayor, the Fire Administration and the Board of Public Safety for the <br />purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- <br />14- 1.5- 6.1(b)(2)(A) with the South Bend Fire Department. <br />17 <br />
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