04-11-11 Common Council Meeting Minutes

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REGULAR MEETING APRIL 11, 2011 Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, advised that she has been coming to meetings in the County-City Building for years. She stated that all that is necessary is for the boards, commissions and council’s to be transparent and have access to information being presented at the meetings. She stated that there are too many unenforceable laws on the books already and this would just add to those that cannot be enforced. Mr. Henry Davis, Sr., 215 N. Sheridan, South Bend, Indiana advised that this bill is derived from a misunderstanding about another Councilmember texting who was trying to find out information on the subject at hand. Councilmember Henry Davis, Jr. stated that while he is in full support of this bill, he feels that this bill is a personal attack on him. He stated that they need to keep in tune with what can be done with electronic devices to keep the public informed. Councilmember Oliver Davis stated that he was opposed to this bill because there are too many loopholes and cannot vote in favor of this bill in its present form. He stated that the section that reads “Councilmember’s and citizen members of any Standing Committee may not send, receive, view, or listen to any electronic message communications while he/she is part of the quorum for such meeting. He stated that the word “receive” was contentious and stated that he could not control who sends him messages at any given time. He stated that he feared that someone could be accused of receiving a text message and this bill just puts Councilmember against Councilmember. Councilmember Puzzello asked if the word “receive” could be deleted from the bill. Council Attorney Kathleen Cekanski-Farrand advised that a friendly amendment could be made to remove the word “receive” throughout the document. She stated that with regard to the sanctions that those provisions have been on the books since approximately 1997 and none of the sanctions could go forward without a majority vote of the Council. She stated that it is not just one individual Councilmember. She stated that the only sanction that would apply if a violation occurs would be that Councilmember in violation would have his or her electronic device taken away by the City Clerk for the duration of the meeting. Councilmember Oliver Davis asked if the other sanctions could be deleted from this bill. Council Attorney Kathleen Cekanski-Farrand stated that this is an issue that would need to be addressed in another Council Rules Committee Meeting. She stated that the other sanctions have been on the books for over thirty years and were put into place by past Council when there was inappropriate behavior. Councilmember Oliver Davis asked Council Attorney Kathleen Cekanski-Farrand if the South Bend City Council would be the first to pass a bill like this. Council Attorney Kathleen Cekanski-Farrand stated that in all her research on this particular topic there are many cities in the State of Indiana facing these same issues, and South Bend would be the first to pass such a bill. Council President Derek Dieter stated that he did not want to get into a long debate on this issue and the matter at hand is very simple if you are in a meeting you should not be texting on your cell phone. He stated that he would like to make a motion to recommend this bill favorably to the full Council. Council Attorney Kathleen Cekanski-Farrand called for a point of order. She stated that a motion would have to be made to specifically remove the word “receive” in paragraph (p) on page 1 and also on page 4 paragraph (c). Council President Dieter made the motion, seconded by Councilmember Puzzello. The motion carried by a voice vote of nine (9) ayes. 3