05-14-12 Common Council Meeting Minutes

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REGULAR MEETING MAY 14, 2012 call vote of six (6) ayes and three (3) nays (Councilmember’s Henry Davis, Oliver Davis, Karen White.) RESOLUTION NO. 4179-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2012 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 such items as the amount of clothing allowance and that annual cash allowance for clothing , which are 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 Chris Baker, Vice-President of the South Bend Firefighter’s Association Local 362 on April 24, 2012 requesting the opening of negotiations; and a similar communication was received on April 5, 2012 from Steven Noonan, President of the Fraternal Order of Police, South Bend Lodge No. 36; 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 the many past positive 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 as the upcoming negotiations with representatives of the South Bend Firefighter’s Association Local 362 and representatives of the Fraternal Order of Police, South Bend Lodge No. 36 will soon be beginning. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: 19