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06-25-01 Council Meeting Minutes
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06-25-01 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
6/25/2001
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REGULAR MEETING JUNE 25, 2001 <br />Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and <br />sends it to the Council with an unfavorable recommendation by a vote of three (3) to two (2). <br />Mr. Thomas Bodnar, Deputy City Attorney, 1618 East LaSalle Street, South Bend, Indiana, made <br />the presentation for this Resolution. <br />Mr. Bodnar informed the Council that six (6) negotiating sessions have already been held with the <br />Fraternal Order ofPolice. This Resolution is being submitted because of some changes in personnel, <br />tactics and other matters. While this Resolution rescinds the prior Resolution, Section I is the same <br />as in the prior Resolution and Mr. Neighbours is appointed by the Common Council as its agent to <br />represent any negotiations with the Fraternal Order of Police. Mr. Bodnar indicated that Mayor <br />Luecke has provided to the Council a letter of support for this Resolution. He noted that despite the <br />fact that this Resolution came to the full Council with an unfavorable recommendation, there was <br />sentiment for an amendment to Section III of the Resolution. After conferring with Council <br />Attorney Kathleen Cekanski- Farrand an amendment has been drafted. Attorney Cekanski - Farrand <br />noted that because this is an amendment to what the Council had previously been provided, Mr. <br />Bodnar would need to read the amendment for the record. The amendment is as follows: <br />Section III shall be amended to read as follows: <br />The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council, approval by the Mayor, and upon <br />the receipt of a letter from John T. Neighbours to the South Bend <br />Common Council President verifying that the current Council <br />Members and Council's attorney referenced in Resolution 3002 -01 <br />shall remain members of the City Negotiating Team, that their <br />schedules be consulted prior to scheduling negotiating sessions, that <br />Mr. Neighbours provide regular updates to the .Council at Executive <br />Sessions, and that replacement Council members may be permitted. <br />Council President Pfeifer entertained a motion to hear the substitute version as amended. Therefore, <br />Councilmember Coleman made a motion to consider the substitute version of this Resolution as <br />amended. Councilmember Kelly seconded the motion which passed. <br />Mr. Bodnar noted that as a member of the team this amendment will enable the team to fully, fairly <br />and fruitfully represent the Council throughout the give and take of these ongoing negotiations and <br />he believes the team will work better under this Resolution. <br />A Public Hearing was held on the Resolution at this time. <br />There was no one present wishing to speak to the Council in favor of this Resolution. <br />Mr. Tom Dixon, Attorney for South Bend FOP Lodge #36, 103 West Wayne, Suite 200, South <br />Bend, Indiana, spoke in opposition to the Resolution. <br />Mr. Dixon stated that the FOP's opposition to this Resolution is primarily based on the language that <br />is drafted and their interpretation of that language which they believe cedes the Council's authority <br />to Mr. Neighbours from Indianapolis to do its negotiating and to do its team makeup irrespective of <br />a potential letter from Mr. Neighbours contrary to that effect. He noted that they have concerns as <br />a Fraternal Order of Police that these negotiations are a two -sided venture between the City and the <br />FOP. Six (6) sessions have already been held with Mr. Neighbours as well as other people to which <br />they have had no opposition to anyone the City Negotiating Team has requested to bring in on its <br />behalf for any particular purpose. Mr. Dixon informed the Council that they have already had an <br />insurance presentation where the City brought in the third party administrator as well as the <br />administrator who works for the City to give that presentation. They have also had discussions with <br />the City Negotiating Team about the need to bring in someone, perhaps Cathy Roemer, to discuss <br />the financial issues from the City side. Their concern as an FOP is that the language of the <br />
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