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08-16-17 Personnel and Finance (#1)
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08-16-17 Personnel and Finance (#1)
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
8/16/2017
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administered City values that are identified by Priority-Based Budgeting. The Legal Department <br /> achieved a healthy program distribution. Most dollars in programs fall into quartile one (1). We, <br /> the Legal Department,have the lowest number of quartile four(4) dollars of any City <br /> department. It definitely demonstrated the value and necessity of our programs in serving <br /> residents. The top two (2)programs that were identified by that process were litigation and <br /> administrative hearings in access to public records fact compliance. These results are consistent <br /> with the time and energy expended by the department in those areas and are in line with <br /> governance priorities. The one (1) quartile four(4) program that was identified by the initiative <br /> was legal counsel for the South Bend Building Corporation. That program consists of one (1) <br /> required annual meeting and is mandated by ordinance, so it is something that we have to do. It <br /> only costs one thousand one-hundred dollars ($1,100) in the grand scheme of things. <br /> She continued, I'm very proud to say that we have a sustainable budget. I would like to thank the <br /> Council for that. The reason why the budget is sustainable is because every year we have looked <br /> at this and we have achieved what we have said we are going to do with the dollars approved. <br /> There are no significant budget changes. Frankly, there is actually a decrease by $35,418 and that <br /> is largely due to a decrease in the allocations to the Legal Department. For example, in 2017, our <br /> IT allocation was $99,335. That has been reduced to $73,815. Our postage allocation was three <br /> thousand six-hundred dollars ($3,600), and that has been reduced to two thousand dollars <br /> ($2,000). <br /> She went on, This is always the fun part to talk about our accomplishments. The Access to <br /> Public Records Act(APRA)benchmark of ten thousand (10,000)requests is really significant. <br /> Not only did we hit the benchmark, but we did that all without a single violation. We also <br /> developed a litigation transparency guide which was published on the Police Department's <br /> Transparency HUB to give residents greater access to case terminology and court documents. <br /> For example, one (1) case that received a lot of media attention was jury trial case titled <br /> `Franklin v The City of South Bend.' Folks wanted answers for that and the trial was in Fort <br /> Wayne and we purchased, for two thousand eight-hundred dollars ($2,800),transcripts. We <br /> published that online on the HUB so people could go and read the transcript. That amount of <br /> money can be cost-prohibitive for many families to be able to know what is going on. We've <br /> also provided training to our City employees and that helps empower the employees to do their <br /> job most effectively. Those trainings have been in open-door law, APRA, procurement and <br /> claims investigation. There is a consistent downward trend in our Liability Fund. Back in 2013 <br /> we were averaging $1.4 million paid out, and in 2017 we are at a little over $100,000 paid out. If <br /> we continue having proactive plans resolutions, aggressive defense strategies and implementing <br /> the proactive safety measures, it will help keep that downward trend going. While our Liability <br /> pay-outs are going down our collections have been going up and that is what you want it to be. <br /> We treat all of the City debtors with dignity,respect and civility. We, as the Legal Department, <br /> are charged under statute to collect all debts due to and owned by the City. We have an <br /> obligation to do that but we also know that things happen in people's lives so we've also created <br /> payment plans for as little as fifty or ten dollars ($50 or$10)a month. We do work with our <br /> residents while still holding them accountable. In addition to defending cases, we also initiate <br /> litigation. We have a confidentiality agreement so we legally have to remain quite vague about <br /> the details,but we filed an action and we recovered$425,000. We are very proud of that because <br /> it was an innovative legal theory. We also responded individually to sixty-five (65) claims <br /> 3 <br />
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