06-25-01 Council Meeting Minutes

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REGULAR MEETING JUNE 25, 2001 Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with an unfavorable recommendation by a vote of three (3) to two (2). Mr. Thomas Bodnar, Deputy City Attorney, 1618 East LaSalle Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Bodnar informed the Council that six (6) negotiating sessions have already been held with the Fraternal Order ofPolice. This Resolution is being submitted because of some changes in personnel, tactics and other matters. While this Resolution rescinds the prior Resolution, Section I is the same as in the prior Resolution and Mr. Neighbours is appointed by the Common Council as its agent to represent any negotiations with the Fraternal Order of Police. Mr. Bodnar indicated that Mayor Luecke has provided to the Council a letter of support for this Resolution. He noted that despite the fact that this Resolution came to the full Council with an unfavorable recommendation, there was sentiment for an amendment to Section III of the Resolution. After conferring with Council Attorney Kathleen Cekanski- Farrand an amendment has been drafted. Attorney Cekanski - Farrand noted that because this is an amendment to what the Council had previously been provided, Mr. Bodnar would need to read the amendment for the record. The amendment is as follows: Section III shall be amended to read as follows: The Resolution shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and upon the receipt of a letter from John T. Neighbours to the South Bend Common Council President verifying that the current Council Members and Council's attorney referenced in Resolution 3002 -01 shall remain members of the City Negotiating Team, that their schedules be consulted prior to scheduling negotiating sessions, that Mr. Neighbours provide regular updates to the .Council at Executive Sessions, and that replacement Council members may be permitted. Council President Pfeifer entertained a motion to hear the substitute version as amended. Therefore, Councilmember Coleman made a motion to consider the substitute version of this Resolution as amended. Councilmember Kelly seconded the motion which passed. Mr. Bodnar noted that as a member of the team this amendment will enable the team to fully, fairly and fruitfully represent the Council throughout the give and take of these ongoing negotiations and he believes the team will work better under this Resolution. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. Mr. Tom Dixon, Attorney for South Bend FOP Lodge #36, 103 West Wayne, Suite 200, South Bend, Indiana, spoke in opposition to the Resolution. Mr. Dixon stated that the FOP's opposition to this Resolution is primarily based on the language that is drafted and their interpretation of that language which they believe cedes the Council's authority to Mr. Neighbours from Indianapolis to do its negotiating and to do its team makeup irrespective of a potential letter from Mr. Neighbours contrary to that effect. He noted that they have concerns as a Fraternal Order of Police that these negotiations are a two -sided venture between the City and the FOP. Six (6) sessions have already been held with Mr. Neighbours as well as other people to which they have had no opposition to anyone the City Negotiating Team has requested to bring in on its behalf for any particular purpose. Mr. Dixon informed the Council that they have already had an insurance presentation where the City brought in the third party administrator as well as the administrator who works for the City to give that presentation. They have also had discussions with the City Negotiating Team about the need to bring in someone, perhaps Cathy Roemer, to discuss the financial issues from the City side. Their concern as an FOP is that the language of the