Supporting the South Bend Human Rights Commission in its decision to pursue legal remedies challenging the decision in the court of appeals of Indiana that local human rights commissions have limited powers

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CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy South Bend Common Council County -City Building 4th Floor Council Chambers South Bend, Indiana 46601 Dear Council Members: October 19, 1977 219/284 -9241 As you know, a recent decision by the Court of Appeals of Indiana in the case of Indiana University vs. Ieva Hartwell held that the statutory section of the Indiana Code establishing local Human Rights Commissions is unconstitutional because of the improper delegation of powers by the legislature to those commissions. The South Bend Human Rights Commission is a commission that has been established under that section and thus is affected by the decision. The Commission will soon be limited in its ability to proceed with business as usual in its investigation and resolution of cases filed with it alleging discrimination. The Commission has available sufficient funds from a federal grant by the Equal Employment Opportunity Commission to hire an appellate attorney to challenge that decision in the Indiana Supreme Court. The resolution accompanying this letter is designed to effect the appropriation of $5,228.55 from that grant for this purpose. However, because there is only a short time during which the brief for the court may be written, the Human Rights Commission is seeking a committment from the Council in the form of the resolution also accompanying this letter. Your attention to this matter is appreciated. Very truly yours,(' �Y Virgi 'a Chism Acting Director South Bend Human Rights Commission VS /klh Attachments (2)