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1400 COUNTY-CITY BUILDING <br />227 W. JeFFFRSON BOULEVARD <br />SovTx BEND,INDUNA 46601-1830 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF LAW <br />CHARLES S. LEONE <br />CITYATTORNEY <br />Mr. Timothy Rouse <br />President, South Bend Common Council <br />4`'' Floor, County-City Building <br />South Bend, IN 46601 <br />Re: Substitute Bill 27-06 <br />Dear Mr. Rouse: <br />PHONE 574! 235-9241 <br />FAx 574/235-9892 <br />TDD 574/ 235-5567 <br />ALADEAN M. DEROSE <br />July 18, 2006 CHIEF ASSISTANTCITYATTORNEY <br />Please accept for filing this Substitute Bill 27-06. Since the original Bill was filed, <br />discussions with the Council and further legal studies resulted in the three changes. The three <br />changes are: <br />1. The title has been changed to more fully reflect the substance of the Ordinance. <br />2. In the proposed Section 19-79(b) the limit of a three year ban imposed for even a second <br />offense. <br />3. Also in the proposed Section 19-79 the time for filing the appeal is reduced from ten (10) <br />to five (5) days. This should still be more than adequate to address any due process questions <br />per Judge Miller's opinion in Brown v. Michi ag~n City, a case decided last September in the <br />local federal district court arising out of the banning of an individual from Washington Park <br />in Michigan City. <br />At its regularly scheduled meeting on July 17, 2006, the Board of Park Commissioners <br />adopted the following rules: <br />1. Park Superintendent shall have the authority to suspend or ban ("Suspension") any <br />person from any park(s) or park program(s) subject to these rules. <br />2. The Superintendent shall notify the suspended person by delivery of a written notice <br />to that person or that person's last known residence. The notice shall state the underlying facts which <br />are the basis of the Superintendent's decision and the rights of appeal. <br />3. Any appeal from the suspension shall be in writing, and filed at the offices of the Park <br />Superintendent within five (5) days after service of the notice. <br />THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH ~r <br />JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN <br />