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(A) General. The officers of the Board shall consist of a Chairperson and Vice Chairperson.
(B) Elections. The members of the Board shall elect from their number the Chairperson of the Board at the first regular meeting in January. The Chairperson shall be elected by a majority of votes of all members. Members may vote for Chairperson by absentee ballot if they are ill or out of town at the time of the meeting by delivery of their vote in sealed writing to the Board Secretary prior to the start of the meeting.
(C) Terms. The Chairperson elected by the Board shall hold that office for a term of one year or until a successor is duly elected.
(D) Vacancy. In the event the office of Chairperson becomes vacant prior to the expiration of the term, the Vice-Chairperson shall complete that unexpired term of Chairperson.
(E) Duties of Chairperson. The Chairperson shall preside at meetings of the Board and while so presiding shall have a vote upon all motions, orders, resolutions and other matters coming before the Board. The Chairperson shall be the chief executive officer of the Board. The Chairperson shall discharge the ordinary duties of a presiding office in the ordinary course of business and perform such other duties as may be prescribed by these rules and regulations or by the Marion Utility Service Board. The Chairperson shall appoint the Vice-Chairperson with approval of a majority vote of the whole Board. In the event a member votes by absentee ballot, he or she automatically concurs with the Chairperson’s choice for Vice-Chairperson. The Chairperson shall appoint all committees. A standing committee will be appointed to work with other agencies concerning matters regarding utilities.
(F) Duties of Vice-Chairperson. The Vice- Chairperson shall perform all usual duties of the office in the absence of the Chairperson.
(Ord. 32-1993, passed 12-21-1993)
(A) Director of Utilities. The Director of this Utility is responsible to the Board for the business and technical operations of the utilities. The following rules shall apply to the working relationship between the Board and the Director.
(1) The Director shall when possible attend all regular and special meetings of the Board and shall be eligible to attend the meetings of the Board in executive session, at the discretion of the Board.
(2) The Director shall have line authority regarding all utilities employees. The Board shall respect this authority at all times.
(3) In the event the Director believes that the actions of the Board or of any Board member are interfering with the Director’s detailed supervision of the utilities, he or she shall so notify the Chairperson of the Board. Discussion of any dispute in this regard shall be held only in executive session, and the Director shall be present at any such meeting.
(4) In addition to an annual financial report, the Director shall prepare and submit to the Board monthly financial statements and perform whatever additional duties the Board, through the Chairperson, may prescribe.
(B) Secretary. The Board may utilize the services of a utility employee as a Secretary to the Board. The rate of compensation will be established by the Board. The Secretary shall have the following duties:
(1) Record, transcribe and make proper distribution of the minutes of all regular and special meetings;
(2) Maintain appropriate files;
(3) Maintain a correspondence log;
(4) Inform all members of any changes in the location, date or time of regular or special meetings;
(5) Perform whatever additional duties the Board, through the Chairperson, may prescribe.
(C) Board members’ duties. In order to contribute to the overall effective functioning of the Board and the Utilities, Board members are expected to abide by the following rules:
(1) To attend all meetings of the Board unless legitimate reason exists for not attending;
(2) To participate actively in Board activities;
(3) To keep informed regarding Board activities;
(4) All requests by the Board or any member of the Board for information and reports to be supplied by utilities employees shall be made through the Director or, in his or her absence, the Director’s nominee;
(5) To refrain from giving directions to do work to all utility personnel unless the request is made at a meeting of the Board and duly approved by the Board.
(D) Use of an attorney. To properly represent the Board and the Utilities, and subject to I.C. 36-4-9-12 setting out the powers and duties of the City Attorney, the Board’s attorney shall:
(1) Attend Board meetings unless legitimate reasons exist for not attending and to give legal advice as requested, which may occur at times other than Board meetings;
(2) Draft the legal documents which are necessary for the conduct of the Board and Utility business;
(3) Represent the Board and Utilities in litigation matters;
(4) Be informed on law affecting the Board and Utility and to give advice regarding pertinent new legal developments.
(E) Nonprofit organizations. Laboratory services may be made available free of charge to any public or private organization which has been designated as exempt from taxation under Internal Revenue Code Section 501(c)(3) at the discretion of the Board.
(Ord. 32-1993, passed 12-21-1993)
The Board may amend or repeal all or any portion of §§ 33.51 through 33.56 by a majority vote of all members at any regular meeting of the Board, if notice of intention to amend or repeal that section in whole or in part shall have been given at the last preceding regular meeting to Mayor ad Council of the city prior to any final action.
(Ord. 32-1993, passed 12-21-1993)
(Ord. 32-1993, passed 12-21-1993)
POLICE AND FIRE DEPARTMENTS
(A) Name. This section may be cited and referred to as the Firefighters’ and Policemens’ Collective Bargaining Ordinance.
(B) Policy declaration. It is declared to be the public policy of the City of Marion, Indiana:
(1) That the city shall recognize the labor organization selected by the majority of firefighters bargaining unit and the city shall recognize the labor organization selected by the majority of the police officers in the police officer’s bargaining unit. Such organizations shall have the right to bargain collectively on behalf of their respective members;
(2) That a reasonable, fair, equitable method of settling disputes between firefighters and police officers and the city shall be established in the public interest;
(3) That in the protection of the public health, safety and the welfare of the citizens of Marion, Indiana, neither the firefighters nor police officers thereof should not, and will not, be accorded the right to strike. A strike will constitute a violation of this section.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BARGAINING UNIT. As it relates to the firefighters, shall apply to all members of the Marion Fire Department except: the Fire Chief; the Deputy Chief; any member with less than one year seniority. As it relates to the police officers, shall apply to all members of the Marion Police Department except: the Police Chief; the Assistant Police Chief; any member with less than one year seniority; and clerical personnel who have not successfully completed the law enforcement academy training required to serve as a law enforcement officer.
CITY. The City of Marion and those officially designated person(s) by the Mayor who shall act on behalf of the city.
COLLECTIVELY BARGAIN or BARGAIN. The performance by the city, corporate authorities and firefighters and police officers of the mutual obligation:
(a) To meet at reasonable times, including meetings in advance of the budget making process; and
(b) To negotiate in good faith with respect to factors of employment.
CORPORATE AUTHORITIES. For the purpose of this section, the representatives from the City Council and the representatives from the Board of Works and Public Safety for the City of Marion.
EXCLUSIVE REPRESENTATIVE. As it relates to firefighters, shall mean the labor organization selected by the majority of firefighters to represent them as to factors of employment. As it relates to the police officers, shall mean the labor organization selected by the majority of police officers to represent them as to factors of employment.
FACTORS. Wages, hours of employment, fringe benefits, working conditions and all other terms and conditions of employment.
FIREFIGHTERS. The regularly employed members of the Marion Fire Department who are members of the 1937 and 1977 Pension Act in the bargaining unit.
POLICE OFFICER. The regularly employed members of the Marion Police Department who are members of the 1934 and the 1977 Pension Act in the bargaining unit.
STRIKE. Any group action or refusal to act which results in any interference with normal activity of the Marion Fire Department or Police Department, such as, but not limited to willful absence from one’s position, sick in or work stoppage or abstinence or interference in whole or in part from the whole faithful and proper performance of duties of employment without the lawful approval of the city.
(D) Collective bargaining.
(1) The city and the representatives for the corporate authorities shall meet in good faith with the representatives for the firefighters and police officers and begin bargaining concerning factors not later than 15 days after one party delivers written notice upon the other party of its request for meeting for collective bargaining purposes.
(2) The bargaining representatives for the firefighters and the police officer may form a joint bargaining committee of six members for wages and common fringe benefits.
(3) An agreement resulting from negotiations shall be reduced to a written contract. This contract shall be ratified by resolution of the legislative body of the city. The City Council shall appropriate the monies necessary to fund the cost items contained in any contract which it ratifies. Nothing in this section prevents the use of multi-year contracts; however, contracts may not exceed the length of the term of the Mayor, plus one year.
(E) Mediation.
(1) If the parties are unable to successfully conclude negotiations within 45 days from and including the date that one party gave written notice to the other party of the request to meet for collective bargaining purposes, then either party may request in writing that a mediator be selected to assist the collective bargaining process.
(2) The requesting party shall contract the regional American Arbitration Association office serving the Marion area and request a list of five mediators from which the requesting party shall strike first and the non-requesting party second and so on until one mediator remains who shall serve as mediator and informally assist the parties in reaching an agreement as to the factors of employment still in dispute. The striking shall be complete within two business days after the list of names is submitted by the American Arbitration Association.
(3) The cost of mediation shall be equally borne by the city and the bargaining unit.
(F) Arbitration.
(1) If the parties have failed to reach an agreement within 30 days after one or both of the parties served their written request for the appointment of a mediator, then upon written request of either party the unresolved factors shall be settled through binding arbitration, with the mediator assuming the task of arbitrator of the dispute.
(2) The arbitrator shall conduct such hearings as he or she deems appropriate and render his or her decision upon the basis of a prompt, peaceful and just settlement of all disputes and issues between the bargaining unit and the city with respect to factors. The matters, among others, to be given weight by the arbitrator in arriving at a decision shall include:
(a) Comparison of like factors in respect to similar bargaining units and cities;
(b) The interest and welfare of the public;
(c) Comparison of peculiarities of employment in regard to other trades or professions, in particular:
1. Hazards of employment;
2. Physical qualifications;
3. Educational qualifications;
4. Mental qualifications;
5. Job training and skills;
(d) Such other matters as the arbitrator may deem pertinent or relevant.
(3) The arbitrator shall have such time to complete the process of binding arbitration as shall remain, keeping in mind the deadline imposed by Indiana state law for the passage of budgets, since some or all of the factors in the dispute may be monetary in nature.
(4) The city and the bargaining unit shall comply with the decision of the arbitrator and shall do whatever is necessary to implement that decision.
(5) The cost of the arbitration shall be equally borne by the city and the bargaining unit.
(6) The City Council shall have the power of veto over the arbitrator’s decision with a two-thirds vote. In the event of a City Council veto the City Council shall establish the disputed monetary items with all other disputed factors of employment remaining no less than the current contract in force.
(G) Limitations on duration of contract. Any agreements negotiated between the bargaining unit and the city or determined through binding arbitration shall constitute the collective bargaining contract between the parties for the period stated therein; provided, however, that such period shall not exceed the term of the Mayor plus one year.
(Ord. 27-1987, passed 10-20-1987)