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agoUTH <br /> City of South Bend <br /> Common Council <br /> t <br /> 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 <br /> South Bend,Ind.lana 46601-1830 Fax (574) 235-9173 <br /> http://www.southbendin.gov <br /> Derek D. Dieter Members of the Common Council February 23,2011 <br /> President 4t'Floor County-City Building <br /> Oliver J. Davis South Bend, Indiana 46601 -- <br /> Vice-President ,,. ,..,.,.,._. _.......� . <br /> Re: Bill loo. 75-10 Electronic Communication Devices & Public Meetings <br /> Timothy A. Rouse <br /> Chairperson, Committee Dear Council Members: <br /> of the Whole <br /> Derek D. Dieter As you are aware, we are continuing to work with the City Administration on <br /> First District developing fair and responsible regulations which address electronic <br /> communications received and sent to individuals who sit on a City board, <br /> Henry Davis, Jr. commission, Common Council and similar city entities while their particular meeting <br /> Second District is in progress. <br /> Thomas LaFountain Internal discussions are involving the sponsors of the Bill and several individuals <br /> Third District representing the City Controller's Office and the Legal Department, as well as key <br /> Ann Puzzello individuals in IT, and the Human Resources Director. IT has been in contact with <br /> Fourth District other IT municipal departments which have policies in place, which are similar to <br /> those being considered. We are also carefully reviewing legal decisions handed <br /> David Varner down by the federal District Courts of Appeals, as well as from the U.S. Supreme <br /> Fifth District Court, which have addressed Fourth Amendment constitutional issues involving text <br /> Oliver J. Davis messaging and other electronic equipment used in a governmental setting. <br /> Sixth District So that this needed research and-analysis can continue, and so that the Council and <br /> Al "Buddy' Kirsits the Administration can have the time necessary to discuss the proposed regulations, <br /> At Large we respectfully request that Bill No. 75-10 be continued until the March 28" <br /> Common Council meeting. We also believe it should remain in the Information & <br /> Timothy A. Rouse Technology Committee and the Council Rules Committee for review and <br /> At Large recommendation. We anticipate that a substitute bill will be drafted. We believe <br /> that this additional time will result in each of you being able to carry out your due <br /> Karen L. White diligence requirements in order to review and discuss the regulations. Thank you for <br /> qt Large your consideration. <br /> Derek D. Dieter David Varner, Chairperson <br /> Council President Information and Technology Committee <br /> cc: Office of the City Clerk <br />